Page:Ruffhead - The Statutes at Large - vol 8.djvu/166

 132 C. 35 Anno tricefimo G e o r g 1 1 II. A.D. i7«:7. ^ The Waters to be thrown cfF into the Oufe and Brsodoa, Satisfaftion to ke made for Damages done in erefting new Works. Differences to be fettled by the Juftices at their Quarter- Se/Tiens. Acre Rates to be made tor de- fraying theEx- ^encu. Highlands not fubjeft to be rated. Hod and Turf Pools not rate- able for feven Yeats, Ipecoy of Robert Clough may be imbank'd, and is. not rateable. TwoPcrfonj to be appointed to let out the Commiflionere F<irtion of Cummon, to le enjoyed in Severalty, and to veft in rhc Commif- /i«ner4 in TiuA, Tbf Fen Reevtj fieglf^liiig, the J yticct ate to ap; lint a proper as fhall be thought fit, necefTary and convenient by the faid Comniiilioners, or any five or more of them, at their Meeting or Meetings to be held as herein before is appointed for the Purpofes afore- faid, VI. Provided always, That the faid CommiiHoners fhall not erect any Engine for draining or throvs^ing the Waters from off the faid Fen Lands and Low Grounds into the Drain called SanCs Cuty nor into any other Ditch or Drain, but fhall throw the fame into the Rivers of Oufe and Brandon only. VII. Provided alfo, That if the faid Commiflioners fhall make, or caufe to be made, any Cut, Drain, Dam, Tunnel or Outlet through any of the feveral Grounds, or ereft any new Work or Works thereupon, then they fball pay a reafonable Satisfaition to the Perfon or Perfons who hath or have a Right to the Soil through which fuch Cut, Drain, Dam, Tunnel or Outlet fl'kall be made, or whereupon fuch Work or Works, Engine or Engines fhall be eredted, for the Damages fuch Perfon or Perfons fhall fuftain, as fhall be agreed upon between the faid Commiffioncrs, or any five or more of them, and the Perfon or Perfons having fuch Right as aforefaid; and if the faid Commiflioners, or any five or more of them, and fuch Perfon or Perfons cannot agree about the Amount of fuch Damage, that then the fame fhall be afTefTed, adjudged and finally determined by the Jullices of Peace, or the major Part of them, at the next General or Quarter-Seflions of the Peace to be held at Lyitn or Bivafham for the faid County of Norfolk. ' VllL And for carrying on and efi'eiling the faid Work of draining, and fecuring the Repayment of ' fuch vSum and Sums of Money as fhall be borrowed for that Purpofe;' Be it enaded. That all and fingular the Fen Lands and Low Grounds bounded and defcribed as aforefaid, and all and every the re- fpedive Owner and Owners, Occupier or Occupiers of fuch Lands and Grounds, fhall be, and the fame are hereby afTefTed, rated, taxed and charged with the yearly Sum of one Shilling for every Acre of the faid Fen Lands and Low Grounds, fo long as any Money which fljall have been borrowed for the Pur- pofes of this Aft, or the Interefl thereof, fhall remain unpaid; and when there fhall be no fuch Debt re- maining, it fhall and may be lawful for the faid Commiflioners, or any five or more of them, at any fucK half-yearly Meeting to be held as aforefaid, to alTefs, rate, tax and charge all and fingular the faid Fen Lands and Low Grounds, and ail and every the refpeftive Owner or Owners, Occupier or Occupiers thereof, with fuch yearly Sum, not exceeding one Shilling per Acre ^ as they fhall judge necefTary for compleating and maintaining the faid Works. IX. Provided always. That no Afl'eflment, Rate or Tax fhall be made, colle£lcd or levied upon any Highlands within the faid Diflridt, which have not been fubjecl to Inundations; and if any Difpute fliall arife concerning any Lands being to be deemed, or not demed Highlands, the fame fhall be determined upon View, by five or more of the faid Commiflioners no ways interefled in the Lands in.. Queflion. X. Provided alfo. That no AfTefTment, Rate or Tax, fhall during the firfl feven Years after the making this Act, be made, colledled or levied upon any Lands which are now fo dug out into Hod or Turf Pools, that they cannot be let for the Amount of fuch Taxes. XI. Provided alfo. That it {hall and may be lawful for Robert Clough Efquire, notwithfranding any thing in this Act contained, to make a'nd maintain fuch Bank round his Decoy, upon his own Landa, as he fhall think proper, to prevent the Waters draining out of the fame; and that no Afl'efiment, Rate or Tax fhall be made or levied upon the faid Decoy. ' XII. And whereas the Inhabitants of Afethwold and Soutkery, or one of them, have Common without putting this Act in Execution, fhall on or before the Feaft Day of St, Michael the A^rchangel one thour fand feven hundred and fifty-feven, fet out by Metes and Bounds one fourth Part of the laid Common,. to be enjoyed in feveralty by the faid CommilTioners; and the faidfourtli Part, immediately after it fhall, be fo fet out, fhall vefl, and the fame is hereby vefted in the faid Commiflioners- and their SuccefTors for ever, in Trufl neverthelcfs, for the Benefit and Advantage of the Proprietors of all the taxable Lands within the Limits above mentioned, and fo that the Rents and Profits thereof fliall be from time to time applied in common with the Taxes on the other Lands, for the Erection and Maintenance of the Works necefTary to drain the faid Fen Lands and Low Grounds': And in cafe the two Perfons to be appointed purfuant to this Act, fhall not a2;ree in fetting out fuch Part of the faid Common, tlien they, fh.iil at- tend the Juflices at the next General Quarter-Seflions of the Peace to be q 2.t Lynn or Swafham for the County of Norfolk^ which faid Juflices, or the major part of them then prcfent, fhall finally deter- mine the faid Difpute. Xllf. Provided always, and be it enatSted, That if the faid Fen' Reeves fhall not^ on or before the firfl: Day of fitly next after the pafling of this A6b, appoint a Perfon to fet out fuch Part of the faid Common, then it fhall be lawful for the Juflices of the Peace, or the major Part of them aflemblcd, at the Quarter-Seflions of the Peac^ then next following, to be held at Lynn or Sivafhain as aforefaid, to ap- point a Perfon for that Purpofe, who fhall have like Power and Authority as if he had been appointed by the faid Fen Reeves. XIV. And
 * Stint, in a certain Parcel of Land within the faid Diflrict, bounded by Stt^ke Load South, the Jdvcnture
 * Land Ezft, and Fcltwell Drove North, by reafon whereof the fame cannot conveniently be charged witk
 * ■ an Acre Tax j' Be it therefore enacted by the Authority aforefaid. That two Perfons indifferently ap-
 * pointed, one by the Fen Reeves of Methivold, and the other by five or more of the Commiflioners for