Page:Ruffhead - The Statutes at Large - vol 8.djvu/711

 672 C. 32. Anno fecundo Georgii III. A. D. 176 -nufljoiiers. Siile Rivers or Dtain; to be Kt'uref*, &c. ,lic General vliarte. c c ( ( ENpcnce of fuch Lands in the fourth Diftrict, which fiiall not have contributed to Maud Fojler's Gowt, in fuch Proportion as the laid Com million ers, or any five or more of them, fhall adjudge or determine. Provifo relating XLI. Provided always, That if any Detriment fhall arife to the Lands now draining through Maud thersio. FoJ}er i Gowt^ the General Commiffioners, or any five or more of them, upon Appeal made to them by the Majority of the Proprietors of the Lands now draining through Maud Fojler'' s Gowt, and exprtiTing the particular Damage, Ihail order, if they judge reafonable, fuch Enlargements to the faid J'and Fojier's Gout, and the Drains lead'lng thereto, as fhall be fufF.cicnt to relieve the faid Lands, and prevent any fu- ture Damage to the fame, to be done at the Expence of fuch Lands in the faid fourth Diftrift, as fhall not have contributed towards the Expence of the faid Maud Fojlvr's Goivt. Mitetials vefted XLII. Provided alwa3's. That the Materials of which Anthony's Gowt is con{lru(3:ed fhall be and the 'in General Com fame are hereby vefted in the 'aid General CommifTioners, to be by them, or any five or more of them, applied and difpofed of in fuch manner as they fhall think proper for the general Works of Drainage. XLIII. ' A-nd whereas, in order for the efleclual fcouring of the faid Out-fall, and thereby draining the low Lands and Fens intended to be drained and improved by virtue of this Act, it is abfolutely necei- fary to preferve the living Waters, and to confine theElood Waters falling into the fame Channels, and for that Purpofe to fcour out, deepen and imbank, not only the Mother River, but alfo the feveral Rivers or Channels of Kyme Eau, Tatterjimll Bane, BiUinghay Sk'nthsy Duns Dyke, Notion Dyke, JVajhinghormgh Beck, Stickfiuould Beck, Scutherby Eau, Tupholm Djkc, Birdncy Beck, Barlings Eau, Stahijield Beck, and BulUngton Beck Be it therefore further enacted, That it fhall and may be lawful to and for the faid Ge- neral CommifTioners, or any five or more of them, to caufc the faid Rivers, Dykes, and Becks, herein before mentioned and defcribed, to be fcourcd, widened, deepened, and imbanked, by the Ways and Means and for the Purpofes herein and hereby mentioned, dire(fl:ed, provided, and declared ; and that the Charge and Expence of the doing, executing, and performing, the feveral Works laft before-mentioned, ihall be paid and defrayed by and out of the A'loney raifed by the Taxes or AlTenrnents to be made by the General Commiilioners for the Purpofe of Drainage by virtue and in purfiiance of this AcSt. XLiX'". And be it further ena'fl.-d, That the faid feveral Rivers, Channels, Becks, Dykes, and Waters, fo neceflary to be fcoured, deepened, and imbanked, as aforefaid, fhall be fo fcoured, cleepened, and im- bunked, in Manner and to theEfi-eiSl herein.after mentioned; that is to fay. The Channel of Kyme Eau from the faid River IVitham to Evjerhy Fen Corner called the Clapps, and fo much higher as fhall be found ne- celTiiry ; the Chanr.el o'i Tatter jludl Banc from the River IVitham to D'ickinfon'% Engine, and fo much higher as fhall be found necefTary ; the Channel of BiUinghay Skirths from the River JVitkam to B'dl'inghay Town, and from thence to Kyme Caufeway Bridges, and from thence to the Junction o{ Scopwick Beck with North Kyme Fen Dyke, and lb as that their Banks may be thirty Feet broad at the Seat, fix Feet at the Top, and fix Feet high or thereabouts at a Medium; Duns Dyke from the River JVitham, to the Car Dyke, and Bar- li^Tgs Eau from the River JVitham to Ahhy, and fo much higher as fhall be found necefTary, fo as that their Banks fhall be fifteen Feet broad at the Seat, five Feet at the Top, and five Feet high or thereabouts at a IV'Icdium; IVaJhingborough Beck from the River IVitham to the faid Car Dyke, fo as the Banks thereof fhall be twelve Feet broad at the Seat, four Feet at the Top, and four feet high or thereabouts at a Medium ; and that Stickfwould Beck, Southrey Eau, Tupholm Dyke, and Bardncy Beck, from the River JVithcvn to the adjoining high Grounds, as far as fhall be found neceflary, and StainfiAd Beck and BulUngton Beck from Barlings Eau to the high Grounds, in Length four Furlongs, and fo much further as fhall be found necef- lary ; and alfo all other Becks on the North Side of the River Withafn fliall be fcoured out and imbanked in proportion to the Flood Waters thoy bring down. XLV. Provided always. That if any of the faid Dimenfions of the faid Banks fhall be found infuffici- ent for the faid Purpofes, it fhall be lawful for the faid General Commifiioners, or any five or more of them, to heighten, enlarge, and flrenethen the fame, in fuch manner as fliall be by them, or any five of them, thought effeiStual and necclTary for prefcrving the faid living Waters, and confining the fame and the Flood Waters within the faid Channels. XLVL Pjovided always, and be it further enabled. That when the faid Nev/ Cut 01^ River fliall be com- Comminiorers rr>»j' heighten, &c. the Banks rom Langrike pleated as far as Langrike Gowt, the faid General CommilPiOners for Draiiiage, or any five or more of them, •iToVth^Riv^r ^^^'» ^^ ^-^^ generaf Charge, caufe a new Cut to be made from Langrike Goivt to the faid new Cut or Ri- 'ver, when the fame Aiall be required to be done by the Comminioners of the faid fccond DiflriiSl, or ACutfobcnaaJe from G ' ' ■' ■' '^ ■■ • required to be done by any five or more of them, and by the CommilTioners of the faid fixth DiftrivSl, or r.ny five or more of them ; and that (he Drains lea'ing to the faid new Cut from Heckington Eau, and the other Drain from the Skirth acrofs hhliand Fi)i, fli.dl be fcourcd up and cleanfed at the general Charge, and un-Jer the DireiStions of the fnij General Conimiflioncrs, or any five or more of them, an.lano'hfrfiom XLVIL Provided always, and be it further cnadled. That when the faid new Cut or River fhall be com- !^'l"'"r,'I.i,ln^..'P^'^'^*-'J wcflvvard of Z,!'<'/j7;.7V/f' J Goivt, the faid General CommifTioners for Drain af^e, or any five or more t>nwt to I lie nc^A r y /l ll i i ^>i, • yi i i r T- ; • j'> /-^ /• • J Cut or River, at "J the.n, ihall, at the general Cnarge, caule a new Cut to be made from Lodowick s diu't to tiie laid new the gcneul 'Cut or River, when the fame fhall be required to be done by the Co'.i.mifTioners of the faid fecond Diftridt, Charge. or arry five or more of them. Outrng and Di. -XIvVIII. And he it further enabled. That all Owners and Occupiers of Lands who are obliged of Right viAonDjlcc* o on that Behalf, fhall, from Time to Time, make and keep their OiJtring or Divifion Dykes or Drains, be kep: open by ,-,Jne Fcct broad and five Feet deep ; and fhall, from Time to T'imc, caufc tlTc fame to be roaded and fcoured, the Pro,>tictors. and Bridges and Tiinncis t^ bc laid thertin, where ncccHary : And if any Perfon fhall rcfufe or neglect to do the fame for the Space of fourteen Days after Noiicc given by the Surveyor in Writing, and figiud by two CommifTioners of the Difti iit wherein fuch Land fh.iil lie, it (hall and nKiy be lav/ful to and for the Conmiifnoncrs of the fail Diftrict, or any five or more of them, to caufe and order the fame to be done, and, by Warrant under their Hands and Seals, to caufe the Charges attending the fame to be levied by Dif- tr. fsanl Sale of the (looJsand ChattK.s of the OiTcnd.-r, re inning the OveriHus (if any) when demanded. tolbc I'crfoaor Pcrfons whufe Goods and Chat Ics fhall be fo dilhaintd and fold. XLIX.