Page:Ruffhead - The Statutes at Large - vol 8.djvu/168

 ^ 3 1- ^'3^' Anno tricefimo G e o r g 1 1 11. A. D. 1 7 5 7. to bear and pay in Confideration of the Benefit he receives, fliall be adjudged and awarded by five or more ^,, _. of the faid Commiflioners for putting this A61 in Execution. iucficlnhi^' XIX. Provided always, and be it enacted and declared, That in cafe any of the faid Fen Lands f.mnd, the and Low Grounds (hall at any Time hereafter be untenanted or unoccupied, fo that no fufficient Laods a e to- Diftrefs Can be found for levying the faid Rates and Taxes, then the Lands and Grounds charge- remain a Secu- able therewith, fhall always remain a Security for Payment thereof; and all Goods and Chattels ^'^' ' v/hich {hall at any Time hereafter be found thereon, fhall and may be diftrained, kept, appraifed and fold in Manner aforefaid, until all Arrears of the faid Rates and Taxes, and the Charges of fuch andif Lanis Diftrefs ihall be fully paid and fatisficd ; and if any Owner or Owners of any of the faid Fen Lands, fliall bedugup (j-j^jj .^ .^^^ Time hereafter dig up, or permit fuch Lands or any Part thereof, to be dug up into Hods or Tu°f Taxes Turf, whereby the faid Lands fhall lie unoccupied and wafte ; then the Taxes charged thereupon fhall are to be levied and may be levied by Diftrefs and Sale of any Goods and Chattels of fuch Owner or Owners, where- on Owricr's foever fuch Goods or Chattels fhall be found, by virtue of any Warrant or Precept under the Hands or Co-jds wheie- Seals of any five or more of the faid Conimiffioners, which Warrant or Precept fuch CommiHioners, or foever found, ^j^^, £^,g ^^ more of them, are hereby im[)owered and required to make as Occafion (hall require. Hoife-mills and XX. Provided alfo, and be it further enacted. That it Ihall be lawful for the Owners and Occupiers ether Engines ^f ^^(•Y^ Parts of the" (aid Fen Lands and Low Grounds as are arable, and produce Winter Crops, to on aiabi"Lands ^^'^^^ Ilorfe-mills, Or Other fmall Engines thereon, in order to drain the faid Land, fo as to preferve the todiain the ' fi^id Crops J and for no other Purpofe whatfoever. fjine. Owner negiea- XXI, And be it further enacted. That if the Owner or Owners, Occupier or Occupiers of any of ing to lode, &:c. j}^e faid Fen Lands or Low Grounds, to which any Leading, Outring or Divifion Dike doth or {hall a'<d"v'^'"l^el'" belong, hath or have filled up, or fhall fill up or make any Way over the fame, without laying a fufficient TunneisVcoikc- Tunnel under fuch Way, or {hall neglect or refufe fufficicnrly to rode, fcour, cleanfe, open or repair tors to caufe the fuch Leading, Outring or Divifion Dike, after twenty-one Days Notice given to him, her or them for fsme to be done, that Purpofe by the refpective Collector or Collectors, Receiver or Receivers for the Time being, ap- 4!id levy the pointed Ijy Virtue of this Act ; then it fliall be lawful for fuch Collector or Collectors, Receiver or Re- ixpencc. ceivers, to caufe fuch Dike to be roded, fcoured and cleanfed in a fufficient Manner; and where there is not a fufficient Tunnel under fuch Way, to caufe thofe Ways to be taken up, and made fo wide and deep as the Dike ought to be ; and by Warrant or Precept under the Hands and Seals of five or more of the faid Commiffioners (which Warrant or Precept fuch Commiffioners, or any five or more of them are hereby impowered and required from time to time to make, as Occafion fhall require) to levy the Charge thereof upon the Goods and Chattels of fuch Owner or Owners, Occupier or Occupiers, by Diftrefs and Sale of his, her or their Goods and Chattels, upon the Grounds and Premifles to which fuch Dike or Dikes, Way or Ways doth or do, or fhall refpectively belong, (over and above the other Rates and Taxes charged or to be charged upon the fame Grounds and Premifles by Virtue of this Act) ren- dering the Overplus, if any, to fuch Owner or Owners, Occupier or Occupiers refpectively, when de- manded, after all Charges paid. Penalty on Per- XXII. And be it further enacted, That if any Perfon or Perfons fhall make or caufe to be made any Wa'teTing'pfaces Watcrlng-place for Cattle to drink at, in any Mill-drain which fliall be^ made within the faid Fen for Cattle in Lands or" Low Grounds, or fliall drive or caufe to be driven any Waggon, Cart or other Carriage, upon Mill drains, or any Bank which (hall be made or maintained by Virtue of this Act (unlefs fuch Bank be made upon a driving Waggons cQpp^j-non Drove-way, and a fufficient Pa iTage fliall not be left along the Side of the faid Bank) and be oa the Banks, thereof lawfully convicted before any Juftice of Peace for the faid County of Norfolk ; fuch Perfon fo offending fliall, for every fuch Offence, forfeit to the Ufe of the Perfon giving Information thereof, the Sum of ten Shillings, to be levied by Diftrefs and Sale of the Goods and Chattels of the Offender, by Warrant under the Hand and Seal of the Juftice before whom he or Ihe fhall be fo convicted. Penalty of de- XXIII. And be it further enabled. That if any Perfon or Perfons fhall at any Time or Times hcrc- ftroying the ^p^^j. ^vilfully or malicioufly cut, throw down or deftroy any of the Banks, Works or Engines fo to be Worses ^'^c. made or cre6ted as aforefaid, or by any Ways hinder, obftrudl or lay open any of the Cuts, Drains, ' * Dams or other Works to be made for draining or improving the fiiid Fen Lands and Low Grounds as aforefaid, and (hall be convicted of fuch Offence, by the Oath of one or more credible Witnefs or Wit- nelies, or by the Confcffion of the Party, before two Jufticcs of the Peace for the faid County of Nor- folk; every fuch Perfon fo convi6led {hall forfeit for every fuch Offence the Sum of one hundred Pounds, to be levied by Diftrefs and Sale of the Goods and Chattels of every fuch Offender or Offenders, by Warrant under the Hands and Seals of any two of the faid Juftices before whom fuch Convidion fhall be had, to be employed in carrying on the Works and Improvements in and upon the faid Fen Lands and Low Grounds ; and for want of fuch fufficient Diftrefs, fuch Offender or Offenders fhall by the faid Juftices be committed to the common Gaol of the faid County of Norfolk, there to remain without Bail or Mainprize for any Time not exceeding twelve Calendar Months, at the Difcretion of the faid Juf- tices ; and if any Perfon fliall wilfully or malicioufly fet Fire to, burn or otherwife deftroy any of the faid Engines to be created as aforefaid, and be thereof lawfully convidlcd, fuch Perfon fliall be adjudged guilty of Felony, and fhall be fubjeft and liable to the like Pains and Penalties as in Cafes of Fclony4 and the Court by or before whom fuch Perfon {hall be tried, fliall and have hereby Power and Authority to tranfnort fuch Felons for feven Years, in like Maiinci as Other Felons are dia'dtcd to be tranfported by the Laws and Statutes of this Realm. ' XXIV. And