Page:Ruffhead - The Statutes at Large - vol 8.djvu/717

 6'j^ C. 32. Anno fecundo Georgii III. A. D. 1762; to dig and carry awiy Gravel/ &c. to fet out Haling-ways ; and to caufe a Leek to be made by the Side of the Sea Sluice. Works of Navigation not to prejudice the Works cl Diainag*-, Penalty of breaking open paces of Locks, 5 1. No Lnck, Ice. to be higher than within two Ii-et Of the natural Soil of the iowc(l LaaUs a4- J inJig. CommifTnners to pur- chafe Ground to biuld Houfcs for Lock-keepers. erected, altered or repaired ; and alfo to amend, heighten or alter any Bridges upon fuch River, Cuts, Trenches or Paflages as may hinder the Navigation or Paflage thereon, within the Limits aforefaid; and alfo to dig, take and carry away Loam, Clay, Gravel, Stone, or any other Materials, for car- rying on, perfecting, altering or repairing the faid Works, in or from the Grounds of any Perfon or Perfons adjoining or lying near to the faid River, Cuts, Trenches or Paflages (not being an Houfe, Garden, Orchard, Yard, Park, Paddock, planted Walk, or Avenue to a Houfe^ ; and alfo to make, fet out and appoint Towing-paths, Banks, and Ways convenient for towing, haling, or drawing with Men or Horfes, Boats and other Veflels paffing upon the faid River, or the Cuts, Trenches or Paflages thereof, and to eredl Bridges over the Side Rivers, Brooks, Streams and Wa- tercourfcs, fo as not to obftirud the Navigation thereof; and alfo to ereft Winches, or other En- gines, for the more convenient towing, haling, or drawing on fuch Paths» Banks and Ways ; and to do and perform all other Matters and Things within the Limits aforefaid, which they the faid Commiflioners, or any five or more of them Ihall judge neceflary or convenient, for carrying on, reftoring, compleating and maintaining the faid Navigation, according to the Tenor and true Meaning of this A6t; and that the faid Commiflioners of the faid Navigation, or any five or more of them, ftiall and may, and they are hereby authorifed and impowered to caufe a Lock to be made and built by the Side of or near the faid Sea Sluice, to be erefted for the Works of Drainage, with two Pair of Doors or Gates pointing to the Landward, for the Purpofc of the faid Navigation, and one Pair of Doors without Shuttles pointing to Seaward, in order to flop the Flux of the Tide at all Times. LXXXL Provided always. That the Works that (hall be fet up and made for the Ufeand Pur- pofe of the faid Navigation Ihall not be conftru£led or made fo as in any wife to prejudice, obfliruft, prevent or defeat the Works for the general Drainage of the low Lands and Fens intended and dircifled to be drained and improved by virtue and in purfuance of this Act. LXXXIL And be it further enacted. That if any Maftier, Owner, or Perfon having the Charge of any Boat, Barge, Lighter, or other Veflel, fliall by any violent Means force or break open the Gates or Doors of the faid Lock to be erefted near the faid Sluice, when the Water is higher on the Sea Side than on the Land Side thereof, or fhall forcibly and violently break or force open the Gates or Doors of any other Lock to be erected in the faid River for the Purpofe of the faid Navi- gation ; every Perfon fo off^ending, and being thereof lawfully convifted before any one or more Juflice or Juftices of the Peace adting within the Divifion of the faid County of Lincoln-^ wherein the Offence (hall be committed, upon the Oath of one or more Witnefs or Witnefles, fhall for every fuch OfFence, forfeit and pay fuch Sum of Money, not exceeding five Pounds, and not lefs than twenty Shillings, as fuch Juftice or Jufl:ices refpedlively ihall order or appoint, to be reco- vered and levied by Diftrefs and Sale of the Goods and Chattels of the Offender or Offenders, by Warrant under the Hand and Seal, or Hands and Seals of fuch Juftice or Juftices ; rendering the Overplus (if any) after the faid Penalty, and the Charges and Expences of fuch Diftrefs and Sale are deduced, unto the faid Offender or Offenders ; and for want of fuflicient Diftrefs, it (hall and may be lawful to and for the faid Juftice or Juftices to commit fuch Offender or Offenders to the Houfe of Correction, there to remain for any Timo not exceeding fix Months, nor lefs than one Month, at the Difcretion of fuch Juftice or Juftices. LXXXIIL Piovided always, and be it further enaded. That no Lock, Sluice, Wear, or other Works, (hall at any Time hereafter be made or erecfted in the faid River JVttham, or any new Cut to be made as aforefaid, fo as to pen up the Water in the faid River or Cut higher than within two Feet of the natural Level or Soil of the loweft Lands lying on each Side of the faid River or Cut, above any Lock, or in any Place between one Lock and another; and if any fuch Words fhall at any Time or Times be made contrary to the Tenor and Intention of this Ail, it fhall and may be lawful to and for the General Commiflioner-s for the Drainage, or any five or more of them, and they are hereby authorifed, impowered and required, upon Complaint to them thereof made, to caufe the faid Works to be abated, taken away and removed. LXXXIV. And be it further enadtcd, That the faid Commiflioners for the Navigation may, and they arc hereby authorifed and impowered, to caufe and diredl the Soil or Bed of the River IVithaniy from Bojfon to Lincoln High Bridge^ to be dug, cut, and levelled for the Purpofe of the faid Navi- gation, fo as the fame River may be navigable and pailable in all Seafons for Barges, Boats and Vcfll-ls ; and that the faid Commiflioners for the Navigation fhall and may, and they are hereby au- thorifed and impowered to purchafe and Inclofc a Piece of Ground near or adjoining to every Lock, Sluice, Wear, or other Works, which fhall be made for the Purpofe of the Add Navigation, and to build, or caufe to be built, a Houfe upon every fuch Piece of Ground where the faid Commif- fioncri, or any five or more of tliem fliall think nccelfary, and to remove or alter the fame as Oc- cafion fhall require ; and that the faid Commiflioners, or any five or more of them fhall and may nominate, order and ajipoint proper Perfons conrtantly to dwell and rcfidc in and attend at each of ihe faid Houfes, with Power and Authority, and they arc hereby required to open the Gates or Doors of fuch Locks and Sluicis, whenever the Surface of the Water in the faid River fhall rife higher than within two Feet of the natural Level or Soil of the loweft Lands lying on cnch Side the River, above any of the faid Locks or Sluices, or in any Place between one Lock and another, and fo to continue the fame till the Waters fliall be abated; and in cafe any of the faid Sluice- keepers Ihall at any Time ncgleCt or rcfufe to let off the Waters as herein direCted, the General Commiflioners for the Drainage, or any five or more of them, fliall and may, and they are hereby impowcrcdj