Page:Ruffhead - The Statutes at Large - vol 8.djvu/244

 2 10 C. 20. Anno tricefimo prime Georgii IL A. D. 17 757. Milli t-i he "n- furcdieaiafiFire Rights cf the OonfervaVjrs of ihe Great LeveJ teigtved. Ceneril Refr- vation of Rights Limitation of Ailions. General IiTue. Treble Cods. Publick A£l. ^rearrMs, re- citing, I'artof fnall have been made over any Dike without a fufficient Tunnel, to caufe fuch Ways to be taken up, and Inch Dike to be made of a proper Width and Depth ; and by Warrant or Precept under the Hands ot three or more of" the faid CommifTioners, to levy fuch Penalty, and alfo fuch Charges and Expences, upon fuch Owner or Ov/ners, Occupier or Occupiers, by Diftrefs and Sale of his, her or their Goods and Chatties ; and fuch Penalties {ball be applied to the Ufe of the Diftriil wherein fuch Lands fhall be fituate. XXXVII. And be it further enacted by the Authority aforefaid, That the faid CommifTioners, or any . five or more of them, fhall caufe each and every N4ill and Mills which fhall be be ere6led or employed by virtue of this Aft, to be infured againft Fire, at fome Publick Office or Offices; and from time to time to pay the Expence attending fuch Infurances out of the Monies arifmg by virtue of this Act, in or upon ac- count of the refpeftive Diftrift wherein fuch Mill or Mills fhall be eredled or employed. XXXVIII. Provided always, and it is hereby further ena6ied by the Authority aforefaid, That this Aft, or any Thing herein contained, fliall not extend, or be conftrued to extend, to impower the faid Commif- Tioners, or any of them, to have, ufe or exercife any Power or Authority over, or to intermeddle with, any of the Banks, Sewers, Drains or Works already made, or hereafter to be made, by the Governor, Bailiffs and Commonalty of the Company of Confervators of the Great Level of the Fens called Bedford Leve/, by virtue of an Aft made in the fifteenth Year of the Reign of King Charles the Second, intituled, Jn A£i for fettling the Draining of the Great Level of the Fens, called Bedford Level ; or by virtue of any other Aft or Statute whatfoever ; or to invalidate, leilen, diminifli, alter or take away any of the Rights, Powers and Authorities vefled in the faid Governor, Bailiffs and Commonalty, or in the faid Governor, Bailiffs and Confervators J but that all Rights, Powers and Authorities whatfoever, which by virtue of the faid Act made in the fifteenth Year of the Reign of King Charles the Second, or any other Act or Statute whatfoever, now are vefied in the faid Governor, Bailiffs and Commonalty, or in the faid Governor, Bailiffs and Con- fervators, or any of them, fhall for ever hereafter remain, continue and be in the faid Governor, Bailiffs and Commonalty, and in the faid Governor, Bailiffs and Confervators, and every of them, as fully and amply, to all Intents and Purpofes, as if this Act had never been made. XXXIX. Provided alfo, and it is hereby further enacted and declared by the Authority aforefaid. That this Act or any thing herein contained fhall not extend, or be conftrued to extend, to invalidate, leffen, di- minifh, alter or take away any of the Rights, Powers and Authorities vefted in the Commiffioners, ap- pointed in and by an Act of Parliament paffed in the twenty-feventh Year of the Reign of his prefent Ma- jefty, intituled, ]An A5i for improving and preferving the Navigation from Salter's Load Sluice in the County of Norfolk, to Standground Sluice in the County of Huntingdon ; and from Flood's Ferry in the Ifle of Ely in the County cf Cambridge, to Ramfey High Load in the faid County cf Huntingdon ; and alfo the Navigation from Old Bedford Sluice in the [aid County o/" Norfolk, to the River Nene in the Parijh o/' Ramfey /'« the faid County o/' Huntingdon ; but that all Rights, Powers and Authorities whatfoever, which by virtue of the faid Act paffed in the twenty-feventh Year of the Reign of his prefent Majefty, now are vefled in the faid Commiffioners thereby appointed, or any of them, fhall for ever hereafter remain, continue and be in the laid Commiffioners, and every of them, as fully and amply to all Intents and Purpofes, as if this Act had never been made. XL. And it is hereby further enacted by the Authority aforefaid, That if any Action, Suit or In- formation fhall be commenced or profecuted againft any Perfon or Perfons, for any thing done or to be done in purfuance of this Act, every fuch Action or Suit fhall be commenced within fix Calendar Months next after the Fact be committed, and not afterwards ; and fhall be laid or brought in the Court of Pleas of the faid Ifle of ^/y, or in the County o Cambridge, and not elfewhere ; and the Defendant or Defendants in fuch Action or Suit fhall and may plead the General Iffue, and if in Replevin, may juftify and avow, by virtue of this Act, as Perfons acting by Authority of Commiffioners of Sewers are enabled to do; and give this Act and the Special Matter in Evidence, without fpecially pleading the fame, otherwife than as aforefaid, at any Trial to be had thereupon, and that the Fact alledged to have been done, was done in purfuance and by Authority of this Act ; and if the fame fhall appear to have been io done, or if any fuch Action or Suit fhall be brought after the Time before limited for bringing the fame, or fhall be brought in 2ny other County or Place than as aforefaid, then the Jury fhall find for the Defendant or Defendants, Avowant or Avowants ; or if the Plaintiff or Plaintiffs fhall become nonfuited, or forbear Profccution, or difcontinue his, her or their Suit or Suits ; or if any Verdict fhall pafs againft him, her or them, upon a Demurrer or otherwife; then, and in any of the faid Cafes, the Defendant or Defendants, Avowant or, Avowants, fhall recover treble Cofts, for which he, fhe or they fhall have like Remedy as where Cofts by Law are awarded. XLI. And be it further enacted and declared by the Authority aforefaid. That this Act fhall be deemed a Publick Act ; and all Judges, Jufticcs and other Perfons, are hereby required to take Notice thereof as fuch, v/ithout fpecially pleading the (ImT-e. CAP. XX. An Aft for applying a Sum of Money granted in this SefTion of Parliament, for rebuilding Lor.doyi Bridge; and for rendering more effeftual an Aft paffed in the twenty-ninth Year of his prefent Majefty's Reign, intituled. An Aft to improve^ widen and enlarge the Pajfage over and through London Bridge. HE RE AS by an Aft paffed in the twenty-ninth Year of the Reign of his prefent Majefty, inti- tuled, An Atl to improve, widen and enlarge the Paffage over and through hoy^o^d,gQ certain '■ "' '■ ' '■• •'" "- '" '- '^'•" "^ '^ *^ '"■"'' *" ' — Ired aiid
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a '< 4©''' * Tolls and Sums of Money, from and after the twenty-fourth Day of June one thoufand fevcn hundred ' ■* ' and