Page:Ruffhead - The Statutes at Large - vol 8.djvu/180

 146 C. 36.' Anno tricelimo Georgii II. A. D. 1757. cerning the fame, as {hall be afiefTed and adjudged at any General Quarter-Quarter of the Peace which fiiill be held for the faid IJle of Ely, within fix Calendar Months after fuch Difpute fhall arife, and ftiall be determined at fuch Se/fion by a Jury, in fuch Manner as is herein before mentioned with refpe<5l to Dannaf^es exceeding forty Shillings. ' tiguous to Bevil's Learn and Mores Drain., have been lately at a confiderable Expence in heightening ' and flrengthening the Banks upon the faid Lands againft the faid Drains j' Be it therefore enad^ed by Allowance to te the Authority aforefaid, That the faid Commifiioners for the fourth Diflrict, or any five or more of them - -■- ■- the 4th /Vpj] o^jt; of the Monies arifing within or in refpeft of the faid fourth Diftrict, allow and pay to all and every fuch Owner or Owners, fuch Sum or Sums of Money as he, (he and they fhall have actually ex- pended within one Year preceding the firft Day of Afisjij one thoufand feven hundred and fifty-feven, ia raifmg, fupporting^nd ftreiigthening fuch Banks; and^ if any Difpute fhall arife between any fuch Ow- made in D.ftiift for pri- vate Banks. ner and the faid Commifiioners, the fame fhall be finally determined and fettled in fuch Manner A61 direded to as be Private Works not to be altered DamS until the Mills are ready to woik. Direfting Bridges and Tunnels to be ytfled and made. private Perfons in any of the faid Di- in fuch Cafes as the Owners of Mills the feveral Mills in fuch refpedtive Di- Penalty on ma- king Watering- places and Sock- A Bank to be niadc on the V eft Side of I'Jani Water. Owners cf Bar- brr's Lot may inamtajn the Bar.k to the C>i«vcl Baltic. Difputes, with relation to Lands being or not being deemed Highlands, are by this determined, XXXVIII. Provided always, and be it further enabled by the Authority aforefaid. That no Banks, or other Works, which were lawfully erefted by ' " " ' ~ flricts, floall be cut, t;iken away or altered (except only and Com.mifTioners fhall agree concerning the fame) until flricts are ready to work. XXXIX. Provided alfo, and be it further enacted by the Authority aforefaid. That if by the making of any Drain, Mill, Dam or other Work, in purfuance or by Virtue of this A61, the PafTage of any Perfon or Perfons to or from his, her or their Grounds with Cattle or Carriages, fhall be interrupted or prevented, the Commiffioners for the refpedtive Diflrict to which fuch Works fhall belong, or any five or more of fuch Commifiioners, fhall, and they are hereby enjoined and required, before or immediately after fuch Works fhall be compleated, to caufe a proper Bridge to be built, or Tunnel to be made, and for ever thereafter fupported and maintained for the convenient Paflage of the Occupier and Occupiers of fuch Ciround refpeftively to and from the fame, with his, her and their Cattle and Carriages, and to de- fray the Expence of erecting, making and maintaining fuch Bridges or Tunnels, out of the Taxes or Af- feflmcnts arifmg within or in relation to fuch Diftridl refpe(Stively. XL. And it is hereby further enaded by the Authority aforefaid, That if any Perfon or Perfons fhall make or caufe to be made any Watering-place, or any Place of Accefs for Cattle to drink, in any Mill Drain within any of the Fen Lands, Low Grounds or Commons, every Perfon fo offending fhall forfeit and pay the Sum of five Pounds; and if any Perfon or Perfons fhall make or caufe to be made any Sock-dike or Sock-gripple on any of the faid Fen Lands, Low Grounds or Commons, within the Di- flance of ninety Feet from any Bank againfl any River or Drain into which the Water from any or cither of the faid Diftridts fhall be thrown, every fuch Perfon fo offending fhall forfeit and pay the Sum of four Pence for every Foot in Length of fuch Sock-dike or Sock-gripple, and the like Sum for every Month during which the fame fhall be continued; all which Forfeitures fhall, upon Conviction of the Offender or Offenders before any one or more Tuftice or Juflices of the Peace for the IJle of Ely ^ upon the Oath of one or more credible Witnefs or Witneffes, which Oath fuch Juftice or Juftices is or are hereby impov/ered and required to adminider, be immediately paid into the Hands of the Treafurer for the Diftrict wherein the Offence was committed, to be applied for the Improvement of the Works in fuch Diftrict; and in cafe of Non-payment fuch Forfeitures fhall be levied by Diftrefs and Sale of the Offender's Goods and Chattels, by Warrant under the Hand and Seal or Hands and Seals of the Juflice cr Juftices of the Peace before whom fuch Conviction fhall be made; and for want of fufficient Diftrefs, fuch Offender fhall by fuch Juftice or Juftices be committed to the Houfe of Correction for the faid Ifle, there to be kept to hard Labour for fuch Time as fuch Juftice or Juftices fhall order and direct, not ex- ceeding tnree Months. ' XLI. And whereas the Lands lying on the Weft Side of the ancient Sewer called Plant Water -within ' the fourth Diftri6t, are lower than the Lands lying on the Eaft Side of the fame Sewer within the faid ' Diftrict, and are therefore fubjcCt to be annoyed with the Waters defcending from the higher Lands;* Be it therefore enadted by the Authority aforefaid. That the Commiffioners for the fourth Diftrict, or any five or more of them, fhall before the firft Day of November one thoufand feven hundred and fifty- feven, caufe to be made and ere(5ted along the Welt Side of the faid ancient Sewer called Plant Woter^ one good and fubftantial Bank, and fhall from Time to Time always thereafter, keep and maintain fuch Bank of fuch fufficient Height and Strength, as may prevent the W'aters defcending from the Lands on the Eaft Side of the faid Sewer from prejudicing or damaging the faid Lands on the Weft Side of the faid Sewer, and defray the Expence thereof out of the Monies arifing within or in relation to the faid fourth DiftricSt. XLII. Provided always, and be it further ena£ted by the Authority aforefaid. That nothing in this A<ft con- tained Ihall be conftrued to hinder the Owner or Owners, or Occupier or Occupiers of the Lands called Slithers Lo:, from maintaining the Bank now made from the Gravel Bank to the South Weft Cornec of the faid Lands called Barber's Lot. XLIII. And
 * }< XXVII. And whereas feveral Owners of certain Lands in the faid fourth Diftri61:, and lying con-