Page:Ruffhead - The Statutes at Large - vol 8.djvu/709

 670 C 32. Anno fecuncio Georgii TIL A. D. 1762. for their refpeclive Diftrifls, their Charges and Expences of attending the General Meetings, fo that the fame does not exceed ten Shillings a Day, out of the Surplus Rents, if there fliall be any fuch, which (hall arife from the Lands to be inclofed in the Commons in fuch refpeftive Diftridls, or in fuch Manner as the faid Commiflioners, or any five or more of them, (hall think proper, to raife the Monies for fuch Purpofe with- in their refpc£tive Diftrifts. Pfopvietori (o XXXII. And be it further enafled, That an Account of the feveral Lands and Grounds within the feveral give in an Ac- Diftridls aforcfajd, and liable to be rated and taxed by virtue and within the Meaning of this A6t;, fhall, on or count of their before the fecond Tusjday in 'January one thoufand feven hundred and fixty-three, be given to the CommilTio- Lands. neis for fuch refpecli'e Diiirids, or to their Clerks, by the Owners, Proprietors or Occupiers, of fuch Lands and Grounds refpedtively, to be by them forthwith tranfmitted to the Clerk to the General Commiflioners ; andif any of the Owners, Proprietors, or Occupiers of Lands within any fuch Diltridl or Diftri<Sls,{hall ne- glect or refufe to give in to fuch Commiflioners, or their Clerk, a particular Account of tVie Number of Acres belonging to them, or in their Pofiefllon refpe6lively, diftinguifliing therein how much thereof is private Pro- perty, Half Years Land, Common or other kind of Land refpedively j and in cafe there fhall be reafon to fufpect that the Number of Acres is not truly ftated in any fuch Account, or not properly diftinguifhed in Manner aforefaid, it fhall be lawful for the faid General Commiflioners, or any five or more of them, to or- der a Survey to be made of any of the faid Lands by fome able Surveyor, not being a Proprietor of any Lands in the faid Diftridl, upon Oath (which Oath any two of the faid Commiflioners are hereby impowered to ad- minifter) ; and any Survey which fhall be fo made fliall be a fufficientWarrant and Authority to the faid Com- miflioners, or any five or more of them, to afcertain and determine the Qiiantities and alfo fuch DiltiniSli- ons as aforefaid of fuch Land, and the Charge of furveying the Lands of fuch Perfon or Perfons as fhall ne- glect or refufe to give in fuch Account, or Ihall deliver in a falfe Account, fhall be paid by fuch Perfon or Perfons refpedively ; and in Cafe of Non-payment thereof, fliall be recovered in fuch Manner as the Taxes- are herein direcled to be recovered ; and in cafe it fliall appear, upon any fuch Survey, that the Number and Dillindrion of Acres were truly ftated in any fuch Account, the Charge of fuch Survey fhull be defrayed out of the Monies arifing by virtue of this A61 for the Purpofes of the General Drainage. Determination of XXXill. Provided always, and be it further enadled. That no Tax or Afleflment fhall be rated, charg- Difpures about cd. Or levied, for or in refped: of any Lands being Part of the Lands bounded and defcribed as aforefaid, liighLinds. which are known and dillinguiflied by the Name of high Lands, or which have not been fubje6l to Inun- dations, or to be otherwife annoyed by Flood-water: And if in the cafe of any Tax, to be aifeffed by the General Commiflioners of general Drainage, any Difpute fliall arife, whether any of fuch Lands fhall or fliall not be deemed high Lands, or have not been fubjeit to Inundations, or otherwife annoyed by Wa- ter, the fame fhall be determined, upon view, by five of the private Commiflioners, herein before requi- red to be eletSled by and for the faid fix Diflridts, nor having any Property in, nor being elected by, the DiftricSl wherein fuch Lands fliall lie; two of which Commiflioners fh.ll be nominated by the Commiflio- ners for the Dillrict wherein fuch Lands are fituate, or any three or more of them ; and the other two by, the Proprietor or Proprietors of the Lands in Difpute; and the fifth by fuch four Commiflioners fo pre- vioufly nominated as aforefaid ; and if fuch four Commiflioners cannot agree in the Choice of a fifth, he fhall be nominated at the firll: fubfequent Meeting of General CommilTioners of general Drainage; and all fuch Commiiiioners, before they proceed to determine fuch Difpute, fhall take an Oath well and truly, to the bcfl: of their Judgment and Knowledge, to determine whether fuch Lands have been fubjedt to Inun- dations, or otherwife annoyed by Flood-water, or ought to be deemed low Lands, liable to be taxed by vir- tue of this Aifl (which Oath any one or more of the faid private Commiflfiioners for the faid Diftridts are hereby impowereu to adminifter) and fuch Commiifioners fhall fet forth their Determination in two diftindt Wri- tings, and fhall fign the fame; and one of fuch Writings fhall be delivered to the Owner of fuch Lands, and the other of fuch Writings fhall be delivered to the Clerk to the General Commiflioners for Drainage. {■ciiuiis rof.irms; XXXIV. And be it further enabled. That if any Perfon or Perfons Vv'hofe low lands and Fens fhall be to pay tLeir Tax- taxed or afleflcd as aforefaid by virtue of this Ait, fhall refufe or negledf to pay fuch Tax, for the Space "' of twenty-one Days next after Demand thereof made, by the refpedtivc Collector or Colle£lors of the faid Taxes, then and in every fuch cafe the faid General CommiiJioners, or any five or more of them, and the faid Commiflioners of the faid refpeclive Diilri6ts, or any five or more of them, fhall and may, and they are hereby authorized rcfpedtively by Warrant under their Hands and Seals to impower their refpec- thefametobe ^'^'^ Collector or Collectors to levy the fame by Diflrcfs and Sale of the Goods and Chatties which fhall be kvicdl'yDjftrefsf^iind on the Lands charged with tlie Taxes in Arrear; and if the Lands fliall be untenanted, or no fuf- ana Sale. ficicnt Diflrefs can be found for levying the faid Taxes, the Lands chargeable therewith fhall remain aSe- Grotind:unoccu- curity for Payment thereof, and the faid refpecfive Commiflioners, or any *ic: or more of them, fliall, in P"^^;' '"^ '■'"*'"■'' fuch cafe, after Dcfiiult of Payment for three Months (having given one Month's Notice in Writing to the Owner of fuch Lands, ornis Agent) be, and they are hereby authorized and impowered to enter into and upon the f id Lands, and let the fame from Year to Year, for the belc Rent that can be prccured for the fame, until all Arrears of the faid Taxes, and all Expences of raifing the fame, fliall have been fully paid and faiisfied ; and the Produce thereof fhall be applied, in the firfl: place, towards difcharging the faid Taxes, and the Charges attending fuch Entry, and the Rcfidue thereof fliall be paid by fuch Colledlor or Coll ciors to the Owner of I'uch Lands, or his or her Agent, when demanded. XXXV. ' And whereas from the Multitude of Proprietors interellcd in the feveral Commons of Hol- ' land^ Wildm'jrc^ and IVcft Fern rcfpedtively, Difputes may arife, {o as to i)rcvent fuch Inclofures being ' by virtue of this Act : And whereas if no fuch Inclofures fhould be agreed upon and made in due Time, Ccnorl C'^m- ' Ditnci!hi(.!> TTiay atifcin levying the fame ;' Be it therefore further cnadtcd, That if the Proprietors of all iriiOioncri to Of any of the faid Commons of Hollund 7v/;, lyildinorc and //'"(// Fcm rcfpctStively, do not pay the Taxes 4 to
 * made as aie herein before jirovided for railing the Taxes to be charged on the faid Fens or any of them,
 * by the Commiifioners for fuch Diftridts rcfpccStively, wherein the faid common Fens are fituate, great