Page:Ruffhead - The Statutes at Large - vol 8.djvu/546

 512 C. 32. Anno tricelimo tertio Georgii II. A. D. 1759. NoTaxes tobepaid for XVIII. Provided always, and be it further enaded, That no Afiefrment Rate or Tax fhall be i.an-s above Litly Drove- made, collecled or levied, upon any of the Lands above Litly Drovezuay, and that the Waters drain- way; and the Watets j^g froiii the faid Lands fhall bs permitted, without the Interruption of the CommifTioners for either ruTrhroIih theVrlp Di^"'^' ^o run through a Place called the Grip, at the South Weft End oi' Litiy Droveway, and into the D;tch between from thence by their ufual Courfe, into and along the Ditch between Mildenhall Common and the Miiucnhail Common and S^Lvr^/x, which divides the two Diftridts, and to be conveyed from thence, with the Z)^//" Waters, the Severals. through the f.rft Diftri6l, in fuch Manner as the Commiffioners of the faid lirft DiftricS Ihall think Owners of the Land to „^^,^pr . but the Owncr or Owners, Occupier or Occupiers of the Lands next Peaver's Load, fhall piu^jci; uuL vivc ^^vvuci or v^wiicrs, v^ccupier or v^'ccupicrs oi the lianas next reaver s L.oad, inaii p" keep and maintain the Bank on the Weft Side of the faid Load, now kept and maintained by them, )ni- -cf a fufficient Height and Strength to prevent the Waters of the faid Load irom flowing through the . . . „, proper, maintain the Bank next - I'tav-er's Load; in De- Deiault thereof, Com- <-'i^ 3 tufftcient Height and Strength to prevent the Waters of the faid Load irom flowing through ini.ioners torepairtlifi faid Lands into the Lands intended to be drained by virtue of this A61 : And in cafe any Owner or fame, and levy ihc Owners, Occupier or Occupiers of any of the Lands adjoining to the above mentioned Bank, fhall ^^'"^l^' refufe or neglect I'ufficiently to maintain the faid Bank, it fliall and may be lawful for the Comm.iili- oners of either DiftridV, or any feven or more of them refpe6lively, to employ Workmen fufficiently to repair the fame, and by Warrant under their Hands to authorize or impower their refpei^ive Collc(fi;or or Collectors, or any other Perfon or Perfons, to levy and raife the Charge and Expence of doing thereof by Diflrefs and Sale of fuch Goods and Chatties as fhall at any Time thereafter be found on the Lands and Grounds to which fuch Part of the Bank fo repaired fliall adjoin or be- long; rendering the Overplus of the Money raifed by fuch Diftrefs and Sale (if any) to the OwncF thereof. ' XIX. And whereas it will be necefTary, in order to the draining the faid Diftrids feparately, ' whereas the Lands on the South Eaft Side of the faid Load are more hard and firm, and in better ' maintaining a Bank on the South Eaft Side of the faid Load, rather than to have the Waters of Bank to be made by the gg j^ therefore further enadted by the Authority aforefaid. That the Commiffioners for the faid Se-. DifTrlTt'^oTIheV E cond Diftria fliall make and maintain a Bank on the South Eaft Side of Baldwin's Load, of fuificient Side'^of Baldv/in's Load. Height and Strength to prevent the Waters (except fuch Waters as fhall overflow by the Breach of Banks maintained by the Corporation of Bedford Level) draining oft' the Lands in the Second Diftridt from flowing into or annoying any of the Lands in the Firft Diftri6l : And if the Commiffioners for the faid Second Diftridl fhall refufe or negledl to make and fufficiently maintain a Bank on the South Eaft Side of the faid Loady then it (hall and may be lawful for the Commiffioners of the Firfl Diftrift to make fuch a Bank on the North Weft Side thereof, up to the Hardlands of Mildenhall fmd necefTary j any thing in this A61 contained to the contrary or JJndley Commons^ as they fhall notwithftanding Application thereof. Money may be borrowedj XX. And, to the End that a fufficient Sum of Money may be fpeedily raifed for the Purpofes of this. A£t; Be it further enadted. That the Commiffioners for the faid firft Diftridl, or any nine or more of them, and the Commiffioners for the faid fecond Divifion, or any feven or more of them fhall have full" Power and Authority, at any of their refpe£live Meetings to be held as aforefaid, from time to time, and at any Time or Times hereafter, to borrow any Sum or Sums of Money which they fliall think- necefTary, and by Writing under their Hands and Seals to affign over the faid yearly Rates and Taxes hereby charged, or to be charged, upon the faid Fen Lands and Low Grounds within the faid refpedlive Diftricts or Divifions, and every or any Part thereof (the Cofts and Charges of the Affign- raents to be paid out of the faid Taxes) as a Security for the Repayment of fuch Sum or Sumsj' with Intereft not exceeding five Pounds per Centum per Annutn, to the Perfon or Perfons who fhall advance or lend fuch Sum or Sums, his, her or their Truftee or Truftees; and that out of the Mo- ney to be borrowed for the faid Second Diftrict, there fhall, in the firft Place, be paid to the Commiffioners of the firft Diftrict the Sum of one hundred and thirty Pounds, towards defraying, the Expences of obtaining this Act of Parliament; and that the Commiffioners of the faid Firft. Diftrict fhall, out of the faid one hundred and thirty Pounds to be paid to them as aforefaid, and out of the firft Money which fhall be borrowed for the faid Firft Diftrict, pay and difcharge fo much' and fuch Part of the Charges and Expences of obtaining this Act, as fhall remain unpaid after the' Application of the Sum of one hundred and fifty Pounds, which the Governor, BaililTs, and Com-' monalty of the Company of Confervators of the Great Level of the Fens have agreed to advance, towards difcharging of the faid Charges and Expences i and that the Refidue of the Money foto' be borrowed fhall be applied and difpofed of in making fuch Cuts, Drains, Dams, Banks Tun-: nels, and Outlets, and erecting fuch works and Enjgines as will be necefTary for draining and im- proving the faid Fen Lands and Low Grounds, and to no other Ufe or Purpofe whatfoever. XXI. And it is hereby further enacted and declared. That the Rates, Taxes, and Sums of Money to be afTefTed by virtue of this Act upon the faid Fen Lands and Low Grounds, in each of the faid Diftricts or Divifions, fliall be charged and chargeable, in the firft Place, with the Payment of the principal Money fo to be borrowed for the Service of fuch Diftrict or Divifion refpectively; and the Interelt of fuch Money from time to time fhall veft in the refpective Creditors, upon Default of Payment of fuch Principal and Intereft, until the fame fhall be fully fatisfied and paid, together with the Cofts and Charges occafioned by the Nonpayment thereof j and the faid Creditors, their 2 Executors, Taxes cbarg^^d with the Money borrowed, and in Default of Payment, to veft in the Cieditors 3
 * that a Bank fhould be made either on the North Weft or South Eaft Side of Baldivins Load: And
 * Condition to ereft a Bank upon, than the Lands on the oppofite Side of the faid Load y and the
 * Proprietors of the Lands in the Second Diftricl are willing to be at the Expence of erecting and
 * the aforefaid Grip and Delves thrown upon them by a Bank being made on the oppofite Side thereof;'