Page:Ruffhead - The Statutes at Large - vol 8.djvu/243

 A. D. 1757* Anno tricefimo primo Georgii II. ,C. 19. 209 fuch of the Banks as (hall be made by virtue of this A<St in each of the faid Diftriifls, as are neceflary to fence in and inclofe the feparate Property of every Pcrfon whofe Lands are lying contiguous to, or abut upon the faid Banks, fo that the Property of one Perfon fhall not lie open to the Property of any other Perfon ; and the Expences of making, fetting up, ereding and maintaining the fame, fhall be defrayed out of the Monies arifing within, or in relation to, the Diftridt wherein fuch Gates, Stiles or other Fences fliall be fo made, fet up or ereded., . _ . XXXIV. And be it further enaded by the Authority aforefaid. That the Owner or Owners for the time Pioprlftor? of being of certain Lands in Normore, lying upon the faid Drain, called Thurloh Drain^ or the Sixteen Foot, Lands in N<>r- and now in the PoflelTion of Edward Vernam (which faid Lands are defcribed in the Great Map of the Great '"?''^» "? '^^'"* Level of the Fens called Bedford Level (Lot 15. Letter D) fhall, from time to time, and at all Times here- o'J'I'heBank on after, maintain and fupport in good and fufficient Repair, fuch Parts of the Bank on the Weft Side of the the vz-'ft Sde faid Sixteen Foot, as lie within or are adjoining to his, her or their faid Lands, and are now maintained, of the Sixteen fupportcd and repaired by the Proprietor or Proprietors, Occupier or Occupiers thereof, in order to prevent Fo"f, sf adjoin the Waters of the faid Sixteen Foot from flowing into, or annoying the Lands lying in the faid Second Di- tothefjidUrids. firi^Sl ; and if at any Time hereafter the Water fhall overflow fuch Parts of the faid Bank (except fuch Overflowing fliall be occafioned by a Breach of the Great Banks of the Corporation of Bedford Level) or if the Waters fhall pafs through any Breach therein, into the faid Second Diftrict, or into the Lands adjoin- ing thereto, and the faid Edivard Vernam, or any future Owner or Owners, or the Occuper or Occupiers of fuch Lands as aforefaid, fhall not. immediately upon Notice thereof being delivered co him, her or them, or left at his. her or their Place or Places of Abode, or at the Place or Places of Abode of iuch Occupier or Occupiers^ raife or repair the faid Bank, in fuch Manner as may prevent the Overflov/ing or Paflage of the Water as aforefaid ; then and as often as fuch Cafe (hall fo happen, it fliall >t lawful f r the faid Commiflioners, or any five or more of them, from time to time, to caufe fuch Bank to be raifcd and re-». paired in fuch Manner as may efFecS^ually prevent fuch Overflowing or PalFage of the Water as aforefaid, and the Expences necefTarily incurred in raiimg or repairing fuch Banks, fliall be reimburfed to the faid Coni- mifTioners, by the faid Edward Vernam, or the future Owner or Owners of fuch Lands, or the Occupier or Occupiers thereof; and in cafe of Nonpayment, fhall and may be levied by Diftrefs and Sale of the Goods and Chatties of fuch Occupier or Occupiers refpedively, by Warrant or Precept under the Hands of any three or more of the faid Commiflfioners (which Warrant or Precept, the faid Commiflioners, or any three or more of them, are hereby impowered and required to grant for that Purpofe) rendering the Overplus to fuch Occupier or Occupiers, after fuch Expences, and the Charges of fuch Diftrefs and Sale fliall be de- ducted ; and if the Tenant or Tenants of fuch Lands, fhall, upon fuch Notice as aforefaid, raife or repair Tenants repair- fuch Bank, at his, her or their own Expcnce, or fhall pay the f^xpcnce of doing thereof as aforefaid, by 'J'S '^"^ '^'"~''^' '-'^ the Direction of the faid Commiflioners, or any five or more of them, or in cafe fuch Expence fhall be le- ^1^^ ^^/[^; „ ied on him, her or them, the fame fnall be deducted by fuch Tenant or Tenants, out of his, her or their levied' on'^them Rent, and fhall be allowed by fuch Owner or Owners (unlefs an Agreement be made to the contra y be- a-e to be rcim-' tween fuch Owner or Owners, and Tenant or Tenants) in fuch Manner as the Taxes paid by the Tenants burfed. are by this KQi directed to be dedu£led and allowed ; and if any fuch Difpute fhall arife between any fuch Diipnte? rtUring Occupiers and the faid Commiflioners, touching the Amount of the P^xpences which fhall have been necef- to fuch Cfjarges farily incurred, in raifing or repairing fuch Banks, fuch Difpute fhall be finally determined, in fuch and the °^ ?° ^^ ^^' . fame Manner, as is herein before-mentioned and prefcribed, for afcertaining the Recompcnce to be made for Damages fuftaine I by making or creeling any Works in purfuance of this A61. XXXV, Provided alv/ays, and be it further enabled by the Authority aforefaid, That from and after the No Tr-r? or £rft Day of July one thoufand izvtn hundred and fifty-eight, no Trees or fdolts fhall be planted nearer to f-i* to ^e flif- any Mill which fhall be ereded or employed for the Purpofes of this Acl, than twenty Poks (being the [" ^ ^j,'"] Pole of Eighteen Feet) ; and if any Perfon or Perfons fhall plant any Tree or Holt within the Space afore- "^'^' '^^^ faid, every fuch Perfon fhall forfeit and pay the Sum of one Shilling for every Tr. e, and five PounJs for ■ every Holt fo planted ; and fuch Ti'ees and Holts fhall and may be taken up and carried away, by fuch Per- fon or Perfons as fhall be authorized for that Purpofe by the faid Commiflioners, or any five or more of them ; and it fhall be lawful for fuch Perfon or Perfons as fhall be {o authorized for that Purpofe, to cut . down any Trees or Holts which fhall be growing within the Diftance of twenty Poles from any Mill erected or employed for the Purpofes of this h.St, at the Time fuch Mill fhall be fo eredfed or firft ufed, making fuch Sati^fadtign to the Owner of fuch Trees o.r Holts, as fhall be agreed upon between fuch Owner and the faid Commiflioners, or any five or more of them, or in cafe of Difference, fuch Satisfaction fnall be finally determined in fuch and the fame Manner as is herein before mentioned and prefcribed for afcer- taining the Recompcnce to be made for Damages fuftained by making or erecting any Works in purfuance of this A£r. XXXVL And be it further enacted by the Authority aforefaid. That if the Owner or Owners, Occu- Penal y on 0-- pier or Occupiers of any Lands lying Vv^ithin the laid L>iftrifts, to which any Droveway Dike, Outring cupias ne-)tiK Dike or Divifion Dike, doth or fhall belong, fhall negledt or refuie fufficiently to rode, fcour, cleanfe, open '"S ^" ■'"'^ "^^ or repair any fuch Dike, or to make the fame of a fufiicient Depth, and of the Width of nine Feet at the q"""^^ ^^' ';^.. leaft, after fourteen Days Notice in Writing, given to him, her or them, or left at his or their Place cfyij-,„,| 5ikes Abode, from time to lime, for that Purpofe, by the Collector or Colledtors, Receiver or Receivers, of the Diftridt wherein fuch Lands lie (fuch Collectors or Receivers having an Order in Writing for that Pur- pofe, under the Hands of three or more of the faid Commiflionersj every fuch Owner or Occupier fliall, for every fuch Negledt or P.efufal, forfeit and pay the Sum of -twelve Pence for every Rod of the Dike fo negledted to be roded, fcoui^ed, cleanfed, opened, repaired, depthened and widened ; and it (hall be lawful, Colleflors may; from time to time, for fuch Colledtor or Colledtors, Receiver or Receivers, to caufe fuch.Dikes, at the pro- c'-'-feihe/ame. ■ per Charge and Expence of fuch Owners or Occupiers, to be roded, fcoured, cleanfed, opened, repaired '° I'" "" '^'<=« and depthcncd, in a fufRcient Manner, and made of the Width aforefaid,' at the Iciift'-' arid where k Way IT, '""'y ^* ■ Vol. VIII. E e fliall ^'"^-