Page:Ruffhead - The Statutes at Large - vol 8.djvu/549

 A. D. 1759* Anno tricefimo tertio G E R G 1 1 II. C. 32. 515 them, by any two or more of the faid Commiflioners ; or if any Perfon or Perfons fhall drive, or cauie to be driven, any Waggon, Cart, or other Carriage, upon any Bank which fhall be made or maintained by virtue of this A6t (unlefs fuch Bank hath been of Right ufed as a Cart-v/ay, or be made upon a common Drove-way, and a fufficient Pallage {hall not be left along the Side of the faid Bank) ; every Perfon or Perfons fo offending, being thereof convicted before one Juftice of the Peace within whofe Jurifdiction fuch Offence fhall be committed as aforefaid, on the Oath of one or more credible Witnefs or WitnefTes, or on the ConfefTion of the Party offending, fliall forfeit for every fuch Offence the Sum of ten Shillings, to the faid Commiffioners, to be applied as afore- faid, and to be levied by Diflrefs and Sale of the Goods and Chattels of every fuch Oifender or Of- fenders, by Warrant under the Hand and Seal of the faid Juftice before whom fuch Conviction fhall be made. XXIX. And in order that the Mills or Engines to be erected or imployed by virtue of this Act, Concerning Trees and may the better anfvver the Purpofes for which they were intended ; Be it further enacted by the Au- f^o^"* thority aforefaid, That no Trees or Holts fhall be planted, or Building erected, nearer to any Mill or Engine erected or imployed for the Purpofes of this Act, than one hundred and fifty Yards: And if any Trees or Holts fliall be planted, or Building hereafter erected, within the Diftance aforefaid, then it fhall and may be lawful for the faid CommifTioners, or any (even or more of them, to caufe fuch Trees or Holts to be taken up and carried away, and fuch Building to be pulled down and removed ; and it fliall and may be lawful for the faid Commiflioners, or any feven or more of them, to caufe any Trees or Holts which fliall be growing within the Diftance of one hundred and fifty Yards from any Mill, to be erected or imployed for the Purpofes of this Act, at the Time fuch Mill or Engine fhall be firfl erected or ufed, to be cut down ; making fuch Satisfaction to the Owner of fuch Trees or Holts as fliall be agreed upon between fuch Ov/ner and the faid Com- mifTioners or any feven or more of them, or as fliall in cafe of any Difference be afcertained by the Juflices of the Peace within fix Months after cutting down fuch Trees or Holts, at any Quarter-Sellion to be held for the County of Cambridge^ if the Damage be done within the Ifle of Ely; or at any Quarter-Seffion to be held at Lynn or Swaffham for the County of Norfolk, if the Damage be done in the faid County ; or at Saint Edmund/bury for the County of Suffolk^ if the Da- mage be done in that County. XXX. And to the End that the Banks to be raifed or maintained by virtue of this Act may be Moles to be deftroyed, the better preferved j Be it further enacted by the Authority aforefaid. That if the Owner or Owners, Occupier or Occupiers of any of the faid Fen Lands or Low Grounds adjoining or near to fuch Bank or Banks, fhall neglect or refufe to catch or deftroy the Moles in fuch Lands, after ten Days Notice given to him, her or them for that Purpofe, by any Officer appointed by any two of the faid Commiffioners, then it fhall be lawful for the faid Commiflioners, or any feven or more of them, to imploy fome Perfon or Perfons to catch and deftroy the fame; and by Warrant or Pre- cept under their Hands and Seals (which Warrant or Precept fuch CommifTioners, or any kvQC or more of them, are hereby impowered and required, from time to time, to make as Occafion fhall require) to levy the ufual Charge of catching fuch Moles by Diflrefs and Sale of the Goods, Chat- tels, or Cattle, which fhall be found upon the Grounds and Premises refpectively wherein fuch Moles fhall be caught, over and above the other Rates and Taxes charged, or to be charged upon the fame by virtue of this Act, and in the fame Manner as the faid Rates and Taxes are herein be- fore directed to be levied, together with the Charges of making, keeping and felling fuch Diftrefs ; rendering the Overplus, if any be, to fuch Owner or Owners, Occupier or Occupiers refpectively, after all Charges paid. fore for the avoiding this Inconvenience, Be it further enacted by the Authority aforefaid. That it flisll be lawful for the faid Commiffioners, or any feven or more of them, to erect Stanches or Over- falls at proper Places in the Drains or Dykes leading from fuch Lands, as they the faid Commif- fioners fliall, in their Difcretion, judge neceffary for the keeping up a fufficient Head of Water for the Benefit of fuch Lands. XXXII. And to the Intent that the Taxes charged upon the Lands in the fecond Diftrict may For preventing immode* not be diminifhed, but be well and duly paid. Be it enacted. That if any Perfon or Perfons fhall "te Turf-digging. dig, or caufe to be dug, into Hods or Turf any of the Fen Lands or Low Grounds, within the faid fecond Diftrict taxed by virtue of this Act, more than one Turf deep, of the ufual Length of eighteen Inches, from the Moor Head, before the Expiration of thirty Years after the laft or former digging thereof, it fhall and may be lawful for any Perfon or Perfons, who fhall be appointed for that Purpofe, by Writing under the Hands of any two or more of the CommifTioners for the faid Diftrict, to go upon the Premifles, and to throw the faid Hods or Turf fo cut into the Pools or Pits from whence the fame were taken, and to fill the faid Pools or Pits with the faid Turf, and other Earth, which fhall have been taken thereout. XXXIII. And be it further enacted. That the Money, which fhall at any Time by virtue of this Separate Application of Act be raifed on that Part of the faid Fen Lands and Low Grounds which lie within the faid firft Taxes in eachDiftria. Diftrict or Divifion, fhall be applied to the Ufes and Purpofes of draining and improving the Lands U u u 2 --, in I
 * XXXL And whereas Part of the faid Fen Lands lying near the Skirts of the Highlands, are Stanches may be ereaed,
 * higher in their Situation than the reft, and it is apprehended that fuch Lands, if the Sewers fhould
 * lie in common, may be made too dry by fuch Time as the lovv'eft Lands are well drained ;' There-