Bedford Level (South Level) Drainage Act 1806
Jurisdiction | UK Non-devolved |
Citation | 1806 c. xcv |
Year | 1806 |
ANNO QLTA0RAGESIMO SEXTO
GEORGtl III. REGIS.
An A& for m6re effe&ually draining diid pfefenrtrig
certain Fen Lands lying in the *SW^ Level, Part
of the Great Level -of the Fens called Bedford
Level, between Brandon River and Sams's Cut
Drains [ 3d July
18o6.
J
HERE AS an Ad was paffed in the Thirtieth Year of the Reign 30S. a. c.
35.
of His late Majefty King Gesrge the Second, for draining and
preferving certain Fen Lands -lying-in the South Level, Part of
the Great Level of the Fens, commonly called Bedford Level, between
Brandon River and Sam's Cut Drain, and for empowering the Governor,
Bailiffs, and Commonalty of the Company of Confervators of the fa id
Great Level, to fell certain Lands within the faid Limits, commonly called
Jnnwjied
Lands, whereby certain Commiffioners were appointed for drain-
ing and preferving the Lands therein mentioned and defcrii'ed, and the
faid Fen Lands,.and all and every thr,refpe&ive 0*n?r and Owners, Oc-
cupier and Occupiers
thereof,
were thereby affeiTed, rated, taxed, and
charge^ with the. yearly Sum cf One Shilling for evey Acre of the faid
Fen Lands, fo long as any Money which fhould have been borrowed for
thePurpo'es of che faia Aft, or the Imereft ther.of fhould n main unpaid,
and that when there fhould be no fuchi Debt remaining, it fhould be law-
ful
{QT
th,e faid Commiffioners to affefs, rate, tax, and charge the iaid
[pic. &Per.l %iU Fca
W
tgi 8
Former A&
repealed.
4.6ftGEORGII lift
Gap.
9$.
Fen LanVLs, afoTall and evej^y the refpse£Uve Owner or
Owners,
Cfccupier.
or Occupiers
thereof,
with fuch yearly Sura, not ejceediag; One Shilling
fir Acte, as they mould jitdge nece#ar.y,' for o«n^6^!^^t»d maintaining
the faid Works
-t
and Power was thereby given to the UpM CorriininVners
to borrow any Sum f^Sug^r-of ^ng^hey (hould^tJMnk neceffafy, not
exceeding fe^eWll^pfie Sum^Ifd^thoufa^J^nd&j^filiJ to affign
amoun J)Sn§gf ]jfe^^^!»i*wBpC«aL
3B|WS1
jand
fifty-two Pianos or^ftwwe^bouts, upon the Security of the fatd 'Rat$ and
Taxes, wnfch ftifi regain?" due and owing on the Credit
thereof,
as-flfb
a confidence Arrej&f bflgtereft
oil
.many of the faid Stuns ;;arj[df $»4f
have a'H? inoiWred^yelaQipebts
whic!if«l4^s *re
iio,«V
«S%^» 4^a$8%. and, in $heit pirfifrnt State "are„in-
adeqt|j|p# drain theVtd'feal^masf And x»hereas_the kates and Tgjr.es
ftgH^epair the preTdnVWot$$ ofurainage, and the faid Com mlffioners
are uifiabk, under iheit^^mi Powers, to'raife a competent Fund to
difchajfcge the feveral
f)
contracted by then* as afor<3fcud, and to re.
?»»*--» ™M*fm*k**^±W*tet^'tM**m>>'iri
ft*'-
rfte
Prefetifation of the mid flea
Jbands,
it is ne^Tary they flio^kl be em-
pewei^tolrfcife further Sttrnsfortfee few a! f^)«|i&$ Sttbrcfoid, and Tor
making any new or additional Worlds, wM^hmay be found reqtiifae,r.fpr
the more efedual Drainage and l>|ftrf^5& of the faid Fen Land's; And
whereas the Powers given by tnViajtrv&cf, aie in many
•-
Inftanees 4*»
'Act would be repeated, and. lurmer and other Powers .granted ini.ead
HtfA^am;* VSSM>qik*f m^ikwmt ®m ^'Ad:
Advfeeaifrd Cwnftnt of the Lotds Spiritual iwd Temporal,; and ComTtoons,
*hlis ^rlt¥arterienTW^b^m^b> tnffollity ^t;
jpfrt&on'^w^ftfee tie paffing of thi* A& the faid recited ftft"Ml be,
and the fame is hereoy repealed
5
and inftead thereof this A£fc fhall take
&
#fi4^e P1? m-U^pim^jfq^\m^T^cfft&mWy: drSifitig aidJfe-
.fe^vingjle^sn Land?jt» that^r/o^f thg faidG&at Let& of Ihe Eens
m^l
t%,f%.
.i§ptdk
JLmel* igfaftx«Q& b&'agjn. the fcverai Parfflies of
Mm
•
fm&a ?n$ sm&W*ifa,lbfi famjMMtfilh coniammg Seven
$pu^nd( 4cfesor:ithereaho^f«s,^biph $*P"fcands.areboun'dettras follbsfrsj
iftfaat is
(OJ-J$,}9
fro»itbe j^^^ftkx^J^AJs &/'zt!rJabout Two Fb>.
.
jjjnj;
to firandtn C^k'^ ^»;a;ad?taiLthence along the'North'Bapite^f
Brandon
River, to TtyTwelttg J#tf#i)r#i»aibrefaid»
SfSSfc*' -J1*- And b? ?t further ena^ed, XMt the Lord or Lords, ladyi^fca.
cation of dies for the Time being, of the Chief Manor tfFelti&H, iad'^Mi1^
OaminiJEn,
J vera|
4&°
GEORGII III. C^.95. 1919-
*et&1
ftftanors
t>lF
Metbwoid on the Part of Lanttfter\
WootihalffXA
fflgay
and
Soutbery
in the faid County of
Norfolk,
or in, their Abfence, ^hevr fer
yeral and refpeclive Deputies appointed by Writiog under their Hajids:;
fc PerfbiA t.6 be appointed by Writing under the Hands of the Truftees foj?
the Tiare being of
PeltWeil
Charity School Lands^ or the major Part df
ttrtf*r, aha dvefy Peiton Who (hill for the Time being be Owner of Thirty
-iyttes-(Statute ^eafirre) of the'Fen Lands liable to b;e taxed by virtue of
ShfeAiS,
fh'alfbe, and he, (he, and they is and are hereby apipQiritedCorn-
^i^drfers for purtiag this A£t in Execution.
lit' And be it further ena&ed, That evel-y Perfon who for the Tlrpe Power to
feeing 1hali;fee5^^fened or poffefled of at leaft One hundred Acres *&,^£**
^Statute Meafurc)of the faid Fen Lands, fubje£t to
be
taxed by virtue of miffioners,
thfe Act, may, and every ftrch Perfon is hereby authorized and empower^
lo appoint,
by"
Writing under
his,
her, or their Hand or Handsi dn Agerft
to 'be a C^rnrnfffibner for executing this Aft
;.
and ill and every Perfoft.
Md/Perforis fovappoinced mail, during the Pleafure of the Perfon cr Per.
foni.by whom he or they H be lb appointedi and during the Time that
fcHe'Peifdn $r>PeWons fo appointing lhali be fa feifecl or poffeffedjtfffuch
XSfoe hundred Acres at the Ifeaft of
the*
faid Fen Lands as afbrefaid, !jte and
lie 'and/feey vis and ate ctjkreby appointed a Gcttnnviffioner and fcpm-
thiflrbhers far carrying this :A« info Executibn/ aWd' (hall have the
llike Powers and Authorities as if filch Perfon bVPprfous fo 'appointed
-was or'-wererfeifed or poffefled bf Thirty AcresJStetute Meafuref 8f the JJJ^"^
Yaid Fen Lands: Provided a'lwarys, that-nb Perfon fo appointed fhall oe Principal
capable of afting as Comrniffioner in the Execution cf this Act at any prtjfcift.
Meeting -whilft the Perfon by whom he fhail be'fo appointed fhall be pre-
*<> additional
fent j and that no Perfon fo appointed (hall becapable of acting as a Com-
«•
toact for"
tniffioner under the Appointment of more than One fuch Owner at any ™0^ tK?"
m-. * * One Pm&rie*
one Time. tor at t\£
fame Time.
tV. Provided alfo, and be it enacted, That no Perfon holding any Place No officer
to
tjr.Cfuce of Profit under the faid Commiflioners, fhall act: as a
Gemmif-
a;t.as
a
com*
fioner hi the EfcfeciKion of
this
Ad during fuch Time as he (hall hold any
futh'Place or Office.
miffioner.
Y. And be it further enacted, That if atiy "Perfon not being qualified Penalty
on
pr, properly appointed as herein-before directed, fliall act as a Com-
»C;i»£,
npt
|iiflionerin the Execution of this Aft, or if any Perfon not being, duly t£l.S *
ijtialified, 'fh'all appoint in Manner aforefaicfany'Perfon to aft as a Com-
mtffionfer in the Execution of the fame, and fuch Perfon fo appointed
ihall have acted as a C'ofhitiimbner, every fuch Perfon mall for every
fuch Offence forfeit and pay the Sum of Fifty Pounds, to be recovered,
With full Cofrs of Suit, by any Perfon who fhall fue for the fame in
arty of'His Majefty's Courts of Record at
fFeftminJier,
by Action of
Debt or on the Cafe, Bill, Plaint, or Information, and th« Perfon fo
profecuted fhall prove that he is qualified as aforefaid, or otherwise
a Verdict'Ihall
IDS
found. againft him, without any other Proof or Evi-
dence on the Part of the Profecutor than that fuch Perfon hath acted
is a Gommiflioner in the Execution of this Ac\ or has made fuch
Appointment of a Gommiflioner who has acted as a Comrniffioner in
me'Exex^tion/ofthis^Act, One Moiety of which Forfeiture fhall be paid
8 tQ.
tf£?P
Meetings-of
Comresffics.-
en.
ta%^afecutQr|Hand*fh«pther JVlojety.jthereof appJif4 &r-$*,-?#«$(&.
or^ipl.:
"'
il^^dM. rriiiftKer' Rafted^^O^^^'f^l^^iBg-ot $eji*id
CQJaWa»?fiiiC«ers ihall be helden, at' ^^€rmnr,'tpni%r^i
:$j9keL.Mrxy.
i^-jj^-;.faijjj County ,of frtirfolk, on .tjtajuwd. iy^jjf^^al^r
the.
rMj
0^^4»Q)SBnvflJoners, or any Five
©r,
mom of tft^^iR^Rrmeptktwuffi
m every. Yeir at
FeUwell,
Southern or
•*><&
^Tr^?L^>#^\ft-iw8HHfii
of Norfolk (or at fuch Place or "Places" as the' faid^ Comrniffioh^s mall
fiap? Xfejpftii to-,;-Xime
appoint},
o#x
4f»e ^ecp^ Er^«|Vin ^i
"Jprlf,'^,
the Second Fr;V^ ;ijg fhe! J^ojitb, of ^^"l^||jMUi|
*yety Tyeafc' ahji at.fuch othei! Tjmejor
^THI^S
.^'&I%-,^^4^OT
inorf cX^em. fhaCLcenfider J^^^^V^-^K^ !^»«|'{8^1^%$
Uindsiiafihough not, afietnbiedVat ar)y iMeetioW) appo^^ndi&;Ma
enwnu^oners may. from. " " ' " ~ ~
any Spe^f|l Meetings, tchf
£o.minffS<3pers ihall not be prelent »#£• tn&^l^e.,^^^^^.^!!^^
fefc's do*# *St
fo«s,f|tte'«lfin|
Comroiflioners
rtsiy ciid&e
sChaitroan,
who
.iwto
iiae.e
the cafting
Vote.
I
e^f^Ms ^||gbin4 to haveJjeen^fieidett^ ot^MfifcJAdj^jtjn^^.
G^^Mfe*1 at-iocp«..#eung^ or. a#^.«ed f^^gg,j|q]dettt^pW
t^f Authcsiitp of.
thj^.
j0~.lSf.ye and
j!^$(':a|
tietei n ^esj^pte^
},,^^
all.
Powers(fer_-Autho§t^a^ranted'-^k^|^ed w^uu^ ^^PK*
fiohers,"IHalfand may frotti Tune to Innie' be yaTercifetf^By' ,t^fp^|y
Part of them prefent
*
at arty Meeting; cftie whole Nuituber'prefept at
eettng;
ftall^.njave'' the 'dec*ifive~A;D() cattlnj^c
and the firft Bufinefs d'^' St' an^ Meeting, or adjourned Me
fliall be the Ekction.of jkchi Chftttmas
Nf>trceof
Wceiings,'
and all oiher
Notices,
hove
to be git fit.
Exp«nc« of
Meetings.
VII.
And be it further enacted, Thar. Notice of all Meetings to be
holdn by virtue of
this"
Act, ah|'a,ijfOther Notices hereby required
to be-'given, .fliall (unlefs hejeby, other^jfe directed) be,
given.
inSoiooit
.Wee'kly' Newfpaper ufij.ally ,ciiq*uj|tcd Jn-|he^eighb6urh'Qod,"of the laid
Fen Lands, or by affixing the
fame"
oh the]p»&qpal Doors of die Ghurcl)e*
of the faid 'Parjftes, offolme/tlSaint' Mary, Fettwtll
Saint
'Jsrref)otas,
fjeclfy
wold-cum
Wition,
Methwoldl
Bitmap
/and p! or by both lucH
'^•5%
if the i'a.m?.,ftialt be thought rcqutftjei;
VIII. And be :it father.;enacted, That no greater or larger $uq|
of Money than TWP Poundsm the*Whole ihall be paid or ailoyvcd |o^
|he Expence^of-the (Jk>n>miu{oners at any otic of
^he
General
j^eetMigi
to be hqlden under or by virtue of this'Act, nor more than Twenty {f^i-
lifigf for the Expences of. the Commiflionera at aiiy adjourned or §Dec|a|
Meting. IX. Provided
46dOEORGli ill. Cap. 95* 1921
lit. Provided always, and be it enacted, That no Order or Proceed- paction* as
ing made or had by the faid Commiflioners, (hall be revoked or altered ordTrs^"2
uniefs at fome Meeting to be holden as aforefaid, nor unlefs a Notice
figned by Three or more Comniiffidners, dating their Intention to move
at the then next Meeting that fuch Order or Proceeding may be re-
voked or altered, fhall be given in Manner aforefaid at leaft Ten Days
before fuch Meeting.
X. And be it further enafted, That fair and regular Entries {hall Entries of
be made in a Book or Books to be provided for that Purpofe, of goo^Eri-8*
all the Acts, Orders, Rules, Regulations, Directions, and Proceedings dence.
of the faid Commiflioners, relative to the Execution of this Aft, and
of the Names of the Commiflioners who (hall be prefent at the refpec-
tive Meetings, and the fame fhall be figned by the Clerk to the faid
Commiflioners ; and all fuch Entries, being fo figned, fhall be deemed
Originals, and fhall be deemed good Evidence in all Cafes touching any
Thing done in purfuance of this Aft, and fhall bs allowed to be read
in Evidence in all Courts whatfoever, and otherwife, as Occafion fhall
require.
XI.
Provided always, and be it enacted, That all and every Book and Entries of
Books in which any Entry or Entries of any Proceeding or Proceedings
[^"form'er
relating or in anywife appertaining to the Lands and Grounds to be drained Act, good
and preferved by virtue of this Aft, or of any of the Commiflioners or Evidence.
other Perfon or Perfons afting by or under the Authority of the faid re-
cited Aft (fuch Entry or Entries being made in fuch Book or Books ac-
cording to the Directions of the faid recited Aft) fhall be and be deemed
to be as good and fufficient Evidence thereof in all Courts whatfoever as
if the faid recited Aft had not been hereby repealed.
XII.
And be itfurtherenafted,Thatit fhall and maybe lawful to and for officers-
the faid Commiflioners from Time toTime to appoint a Clerk or Clerks, Trea*
furer or Treafurers, Surveyor or Surveyors, Receiver or Receivers, Col-
lector or Collectors of the Taxes, and fuch other Officers as they fhall
think neceffary for the Execution of this Aft, and to remove all or any
of fuch Officers as they fhall think fit, and appoint others in the Room or
Stead of fuch of them as fhall be fo removed, or as fhall die or refign their
refpeftive Offices, or become or be incapable of difcharging the fame; and -rotakeSe-
ihe faid Commiflioners fhal} take fuch Security for the due Execution of carity from
fuch refpeftive Offices, as they the faid Commiflioners fhall think proper;
j^e"hea,£d
and the faid Commiflioners fhall and may, by and out of the Monies to Salaries.
arife by virtue of this Aft, allow and pay to fuch Clerks, Treafurers, Sur-
veyors, Receivers, and Collectors, and to fuch other Officers as fhall be
fo appointed, and alfo to fuch other Perfon or Perfons as fhall be em-
ployed in the Execution of this Aft, fuch Salaries, Rewards, and Al-
lowances for their refpeftive Attendance, Care, and Service, as they the
faid Commiflioners ih.Ul deem reafonable ; and all fuch Treafurers, Re-
ceivers. Collectors, and other Officers, fhall fairly enter in Books to be
by them refpe-tively kept for that Purpofe, an Account of all Monies by
them refpectively received and expended, fpecifying the Times when, the
Perfons from whom, and to whom, and for what Purpofes fuch Monies
were refpeftively received and paid, which Books or true Copies thereof
refpectively, figned by the faid Treafurers, Receivers, Colleftors, or
[Loc.iz'Per.'] 21I other
1**2 ^^EOTtQII fit.
Gap.
9^.
othej-^%er% ,tq>g^f Jie]f;^f h^egal #^|eif^s and Vouchers for the Expend4
#WBfyi %ll.fbel.y«.arl^j aftdnseyery T^iprpduced and delivered to the faid
G^fc%%>mX^
V fh^rM^,flg;(tQ:bgfhq]deii on the Second
Friday
in the
^,0^^i,jn.eaieh aft4jfevery $'ear.,fror at fuch ocher Times as they
^le.Xfiq^l^fnnii^iQne^s.fh^l direct; ajwl tj^faid CoinrnifliQners are hereby
«^o#sejfc^j? ^lo^^jj^saftd %^i\ich;Recounts, r £uch
Part,
or Parts
the'reof as --to them fhall feern correct and proper, aa#l fuch Treafurers,
Receivers,:
Colledors, and other Officers, (hall verify'fuch Accounts upon
f3$h ^i&fgttnfetiaa (!wfeich:Oath *or Affirmation(a»y>of the Comrniffion-
^s^.Jaerg^jyerijpo/vtergd f0',adrftjniftef),and,"the fame .Recounts-when fp
^1V^^«t%ii;alfo?/etih:B:o"ekSj(Rgc«jpts, and Vouchers,- 4haji be kept by
.t% fa*^Cafl^j0i^ at all feafpnabie
Tvq&p
&fcinfpe4teii
%r4
.pefcufftd, by
a»ny
,ftj^er, or Owners, Proprietorpr
JPfP^tiet^s^fAtlyjoi. thjS laid FenJ,atds;> liable to: be„taxed by^jrjtue of
i'N^«s^fer>v,itIiouC
f&§
or Reward ; an[d, all fuch Officers and Perfofts^j,
and^tep^re h^feb^?required tp
pay,
all
fuch Monies ^oipon the Balance
«&/u^ (Account or Accounts
ffiall
appear to be in tiielr Hands, tovfuch
P^lf^JlsfjR^rfons as.
the,
faid Cotnmiffioners fhall appoint to receive the
fame ; snd if any fuch Officer or Perfon fhall refufe or neglect to render and
give fuch Accounts as aforefaid, or to produce and deliver up the Books,
Vftu^bg^ljvand, Receipts relating to the fame, .and, to verify the Articles
ih^KeslrOjB'Dath or Affirmation, or tp.pay the l^alance remaining in hispr
jthefe ,Hatfds wheajferguntp required;hi Maimer aforefaid j or if any Of*
•faemmother P^rfofl (fhall-refufe on neglect© deliver ;up t»thefaid^ora-
4i¥ifij?jSef
sj,;
or
to
fuchi Perfon or Perfons
a$
they fhall appoint, witbiri Ten
TJay£^^-jbeing ihefceunto required ^y th&ijaid Commlfiioners, allBpoks^
lAceo^^ Papers, ]Jnd> Writings in;
I^ei5
refpeclive C^fjtody pr .Power,
an^tfe^tiqg to
jfce;
Execution pf tbisAftj, then and
(hi
every fdchjjajf
every fuch Perfon mail forfeit and payJor-v^
exceeding Twenty Pounds nor lefs than Ten Pounds, and if Complaint malt
fee iaaxte
erf:
any fuch Neglect or
R#W$1
m.
aay, J«$Jee
•
of
t$$tPeyqtfJoT
•the
CoufotyTbr >
Place-'
where the Officer. jorr Officers* -? Periqit or,
perfc^,
/©
*egHe&t»gror refilling (haltfoe or refidej fuch Ju^i^may^andhe isJiereby
laathopzsad and rcquiredj% a Warrant wader his f^aridaM Seal^io-je^ttfe
fuch Officer- or Officers,' Psrfon or Perfons, to be brought -befgre h^tn^
andmpotif
h%
or their appearing, or having been fui^moned and aqt,ap-
•peafingf;.oa- not' being to-be found, to hear and determine the Matter .of
fudftCsattprairrt in a fumraary liyay 5 and -if upop the Confeffio«Tp£the
lOfficer-or- Officers^ Perfon-or PerfaosySagginft whom any fuch Complaint
fhall be wade, orby the TefUmony , edible.Witnefs or Witneffes
(trpeni Oafe (which Oath fuch Juffjce
i§
hereby;eoipowered.;tp adminifter)
it fhallappeari© fuch Jufticethat.aaypf th^Mooies which,(hallhave been
•colYeGitd'
or received by virtue of
.this
A&.
mall be in the Hands of fuch
Officer or Officers,,Perfon or Perfons, fuch Juftice may and he is h^by
authorized and required, upon >Non-j>ayBient
thereof,
fey Warrant under
Ws*
Hand and Seal, tocaufefuch Money, and alfo fush Penalties as aforef
faid to be levied fcyDiftrefs and Sale of the Goods and Chattels of fuch
©fficer 6f Officers, Perfon or Perfons, and if no Goods or Chattels of luch
•Otecei" Or'-'Cfficersj Perfon or Perfons, can be fouad fuiScient to aniwer
S,nd firtlsfy the faid Monies and Penalty, and the Charges of diilralning
and ielli'ng.'the laid Goods and Chattejs, or if it fhall appear to
fuchjuf-
ti«>3*fefet4:uch Officer or Officers, Perfon or Perfons, fhall have refufed. or
\dlf#if-negle<3£dto render and give'an Account or Accounts of his or
their
46°GEORGII m. Vap. 9$. tgn
their-Receipts and Payments as aforefaid. or-to. verify fh e1 Troth !$f fuch
Accounts, and of the Ankles
thereof,,
on.Oath or Affirmation as 'afore-
said, •or to producejand deliyer up#o-the faitl Juftiee the feveral Books,
Vouchers, and Receipts,-reJatVegytb {uoh->itccounts refpecdvely, tfr the
Books, Accounts, |Pa|>ei% apdr-W^itidgs in his or their Cuftody or Power
relating to the;,Execution, cf.-ikt&.iA&t then- and-in each and1 every fuch.
Cafe fuch Jufticfernay and hfci-s hereby authwazfd and required'by War-
rant under his^and, and Seai^fofcomnjit faeh-;Oifficer or Q«Bcets„'Per-
(on or Perfoas, Jto the Common,Gfaojror-BridewfilKafthe County.; Dmfion,
Liberty, or Place,- w>here h§
OE
*ht £h|^l-be-or refide, there to ..remain
without Bail or.-,Mainprize, ^ntjliheW^.r-they. fhall have,delivered.in and
(et.tled his or their j^cc0Lmt|,ia^l;bftve~verified:the fame on Oath or Affirm
mation, and fhall-'fcajVe; delivfcrgfd-u.pitfte Books, Vouchers, and R«tieipts
relating thereto,-, and
aJjT
od>eir/Book/5« A ecountsy,
Papers,
and Writings*
in bis or their Cuftody
-relating;
to? the Execution- of this Ac"t,.>and.fhall
have paid all (he Money. jYjhieht fhaH appear- to; he m his or their respective
Hands, and fuch Penalty as-afo£ejjaid5 and
feafonable Charges.of-fuch
Diftrefs and SaJe:as fhall iin.,tnW!ali;other
Qofts and Charges^arifing^fj^rriJpth RefufaL or Neglect
as!
aforefaid, or
he or they fhall have,compounded;Mthttberlfeid Gcynmifiipners'-.lbr the
fam,e,, and paid .the pomj>ofkj|^»Money<>t6 tk««feidQprAjniffioaersr to
fuch' Perfonor Perfons as-,theyi;fb»H appoinftritoaeceive^thejfeme^whieh
Compofition ;the faid.Cornmiffio%er^iar.e,here;by.empowered to make):.Provi«
dedal ways,thatnoP.erfonwhofhaJl be ^Gmtaiifctedforwant ©ffufficientDiflrefs
only fhall be detained in Prife9 b^j^ue of this Act for any longer.Time
than Six Calendar A
XIII. Provided always, jrjd be it, enacted*; What,all and every ,Perfon Perfons
em-
and. Perfons who fhall
have,
been employed-:
by,
thejCommifTiOners acting by ?he)farmeler
virtue of the faid recited Aft (as-,Clerk, Trealurel*, Surveyor, Receiver, Act.toae-
or Collector, in the Execution of the faid recited Act, who fhall have in counl'
his,
her, or their Hands, Cuftody, or Poffeffipn, ,apy Money, Books, Ac
counts, Receipts,. Vouchers,.. Papers,, Writings*, or other Things, re-
ceived by virtue of or relating to, the Execution of the faid recited Act,
fhall account for the. fame,.andu every Part
thereof,
and fhall deliver up
the fame to the Cot^miffianers hereby, appointed,, in/like Manner.and fhall
be fubjedt and liable totheli^e penalties as the feveral Clerks, Treafurers,
Surveyors, Receivers, Collectors,,and other Officers.appointed.by virtue
of this Act, are hereby made. fubject,and liable to, for refufing or neg-
lecting duly to account, and to pay over the Monies received by them by
virtue of this Act to the faid Commiffioners, or for .refuting' or neglect-
ing*
to verify any fuch Accounts on Oath; or to deliver up as aforefaid any
Books, Accounts, ...Receipts, Vouchers, Papers, or Writings, relating to
the Execution pf this Act.
XIV. And be ic enacted. That it fhall and may be lawful to arid for Coram!niorv
the faid Commiflioners to make, raife, civ, build, and fet upj ojr «aufe mak^Wcrk",
to be made, raifed, cut, built, and fet up, in, upon, through, or over &c.
the Lands and Grounds within the Bounds and Limits of this Act, all fuch
Cuts,
Drains, Banks, Bridges, Dams, Headings, Outlets, MM$, En-
gine.,
Sluices, and other Works, as they fhall think neceffary for the
better draining and preferving of the faid Fen Lands liable, to, be taxed by
virtue of this Act; and all Cuts, Drains, Banks, Bridges, Dams,' Head-
ings,
J$24
Commiffion-
ers may pre-
fer
Bill*
of
Indictment,
*c.
46*
GEORGII III.
Otfutf.
ir>gs,
Outlets* Mil!*, Engines, Slute&,/ftrfd otK# lifbfks, made of
ere&ed by virtue of the faid recited Ai&'a*d ail Cdtej Bridges, Drains,
Readings, Gullets, Mills., Engines, Sitficfcs, and o¥fcer Wwks, 'which
flull be made or erefited undtr and by varttte of
this
Aft, •fhaHlbe tefted
m and be
fcHoe
Property of the fid Cdramiulofiere, aftd the faid
Commif-
fiooers flsall have full Power and Authority otfer alt 4rtd lingular fuch:
Banks, Bridges, Cuts, Bi»ains, Dains, Headings, XStattefes, Mills;, En-
gines,
&toieies, and otfoer Works,
fo~
made
or let ftp,'^'maintained and
k«pt hi Repair, and fliall a#o ha& full #bwef and AfltfteHty- frbm Time
to Time to cleanfe, widen, deepen, alter, repair,- rtm^^ft, fu|toort, re-
bitild, aiid enlarge the fame refpe€bVely, as they may think proper, for
the bettor draining and peferving of the ft&L$"dn Lfttt^s | *ndit mall and
may be lawful to and for the faid Cdrtimiftoriars, mi they are hereby au-
thor! £ed and empowered, from Tiifte
*o^
Ti^ ti dJr*de oft", take, and!
ufe fuch Lands and Hereditaments as the? fold CdrntpiflStotiefs
flt$$
judge:
neccffaly ico be cut, dug, taken, pr t^d lot inakln^ any fuch Banks^
Bridges, Cuts, Drains, Dams, Headings, Qmlets, or other Works as
aforefaid, or which they the &id Cortirftiflion&Fs ihall deeftt proper arid re-
quifite to be left and referved for the Prefernation of any Birjks made or
maintained by virtue of the fatU recked Ad,' tit 'to be made or maintained
by vtrtuewf this Aft,- betw**h the fame Bartki and the Bitches or Drajns
mnde ?r
to
be made next the fame, sfed
alio
from TtnliitgTime and at
air Times to dig, cut, take, a»d carry away any 8af$,~#lag, or other
Materials from off the Lands within the ^ti^afri^so^irlfeAa, or from
the Lamds and Waft* adjoining o* near fhsrteto, itjlpr€|rs fo heighten,
widen, ftrengthen, make, maintain, aud fuppow thei&rrks and Works'
already and hereafter to be made within the (aid $6undaries,, of fuch
Width, ^Strength* and Dimenfions as the lawj dommlffioners fhralt think
proper, they doing as
Hwle1
Damage ji$/mar
be*
aod niakitigCohip^nla-
tronfor-Siefetrtem Msshfcer Herein mended;
JCS.
Aiid be
M
furtker^etH^edi That it fliaH aidmtty be lawful t4 and
fosthefeiti Comwiffionersj.and mep'fm hereby luihorfeed and empower-
ed tabling or caufe*© be fcroug4t,<4riy?A#io|i or A&fcms; or to pVefer,
or/ordei or'dired theprefenirtgof aa^Jtodi&tnent or tndi&ments, againft
anyPerfon ©rPeribns who mall f|eaf*%k,e:^way, bum, injure, hurt; da-
mage,
•
cat or deflroy any Bank, Bridge, Cut, Drain, Dam, Heading,
Outlet,/JM&U, Engine, Sluice, ori other Work or Works, or any Pari Or
Parts thereof refpe£Hvely, made, erected, maintained, or fuppfcrted by
•wiitue of tfca feid recited Act or of this A&, and in all fuch Actions and
tilis of
Ittdi&ment:
reflectively, it mail be and be deemed to tie iufficient
tcr ftate generally, that the Work or W^r1$§a;-Article or Articles, Thing;
orrThittgs; %or on Account of wfuclrfuch Adion Or Anions (ball be
brought, or Bill-or Bills of Indiclment preferred, is orarethe^Propeffy of
the Commnlbners for draining the Fen Lands between
JQrandon
River
and &tm?s tjUt'tirah, without particularly fp«cifying the
isTaine
or Names
of ail or any of the Lid Coinmiilioners.
The Wafers * VI. Provided always, and be it enacted, That the faid Comraralon-
i0be-heOWf-
ewfc^-and they are hereby required, to throw or caufe to be thrown
'a"'"
Branrfon &&
Waters1
frtfm'
off
the
faid Fen
Lands.
Into the Rivers oiOvfe and Bran-
Rvws.
dqi
'em
one of rhem,. and not elfewhere ; and it Ihall not be lawful to or
fctedieJald; Goinmifilorters to ereft or caufe to be erected any Engine for
throwing,
46° GEORCH1 III.
Cap.
95. 19*5
throwing, or by any other Means to throw, of caufe to be thrown fuch
Waters into the Drain called Sams't Cut Drain.
XVII. And be it further enafted, That the faid Commiffioners (half purchtfe
of
have full Power and Authority to agree with the Owners and Proprietors s^actiwt
of and Perfons interefted in any Lands or Hereditaments which they (hall tor
Damage*.
judge neceffary to be cut, dug, taken, or ufed, for making any of the
faid Banks, Bridges, Cuts, Drains, Dams, Headings, Outlets^ or other
Works, under and by virtue of this Aft, or which they the faid
Contmif*
fioners mail deem proper and requifite to be left and referved for the Pre-
fervation of any fuch Banks as aforefaid, between the faid Banks and the
Ditches or Drains made or to be made next the fame, for the Purchafe of
fuch Lands and Hereditaments, or for the Recom pence to be made to
fuch Owners, Proprietors and Perfon* interefted, for the Damages they
may fuftain, and alfo to fettle and afcertain in what Proportion the Sum
or Sums fo agreed for (hall be paid to the feveral Perfons interefted in th«
Premifes.
XVIII. And be it further enacted, That it (haft and may be lawful to
Bodies
Poii-
and for all Bodies Politick, Corporate, or Collegiate, Corporations Ag- j^tred'ta"
gregate or Sole, Tenants for Life or in Fee Tail, General or Special, or contract for
for Years determinable on any Life or Lives, and all Hufbands, Guar* ^n(kdmt!m'
diaris,
Truftees, Feoffees in Truft, Committees, Executors, Adminiftra-
tors,
and all other Truftees whatsoever, not only for and on Behalf of
themfeives, their Heirs and Succeflbrs, and alfo for and on Behalf of their
Ceftuique Trufts, whether Infants or Iflue unborn, Lunaticks, Idiots,
Femes Covert, or other Perfon or Perfons, who are or fhall be feifed or
interefted in their own Rights, and for any Perfon or Perfons whofe
Lands fhall be limited in ftridt or other Settlement, and to and for all
and every other Perfon and Perfons whomfoever, who are or (hall be feifed,
pofieffed of, or interefted in any fuch Lands or Hereditaments, and they
are hereby authorized and empowered to contract for, fell, and convey
unto the faid Commiffioners, or to fuch Perfon or Perfons as they (hall
appoint, any Lands or Hereditaments for the Purpofes of this Act, or
to agree with the faid Commiffioners for any Recompence or Compen-
fation,to be made for the Damage which may be done to any fuch Lands
or Hereditaments, by the Execution of any of the Powers of this Act,
and all fuch Contracts, Sales, Conveyances, and Agreements, (hall be
valid and effe&unl in Law to all Intents and Purpofes whatfoever, any
Law, Statute, Ufage, or Cuftom to the contrary notwithftanding; and
all Bodies Politick, Corporate, or Collegiate, and all Perfons whomfoever
ate hereby indemnified for what they or any of them (hall lawfully do in
purfuance of
this
Act ; and all fuch Perfon or Perfons to whom any fuch
Lands or Hereditaments (hall be conveyed, and his and their Heirs, fhall
fund feifed thereof in Truft, and for the Purpofes of this Act, and convey
and dilpole of the fame from Time to Time, as the faid Commiffioners
(hall direct or appoint.
XIX. Provided always, and be it enacted, That in cafe any Owner, OnRefufel
Proprietor, Occupier of, or any Body Politick, Corporate, or Collegiate, or Neglect
of
Corporations Aggregate or Sole, Tenant for Life, or in Fee Tail, General. *™at,rtlent°
or Special, or for Years determinable on any Life or Lives, Feoffees, v*,ue of
Hufbands, Guardians, Committees or other Truftees, or other Perfon ojr Amwuiof
ILec. &? Per.] nT Perfons
*92^
DimageJ, to
he aicenain-
eel
ac
the
Seffions.
TTitn?tfes to
b.-
liimnioi)*
Jury tr&va^tfr-
laiu tkc JBLv,
46*
GEORGII III.
Cap.
95.
Perfons interefted in anyTLands, Tenements, or Hereditaments, which
the faid Commiffioners (hall judge neceflafy or proper to be purchafed,
taken, or ufed for any of the Purpofes of this Act, (halj for the Space of
Forty Days after Notice in "Wiiting given to the principal Officer or Of-
fleers of fuch Body Politick, Corporate, or Collegiate, or to fuch
Truf-
tee
•
or Truftees, or other Perfon or Perfons^, refpecVively as afbrefaid,
or left at his/her,' or their laft: or ufual Place or Places of Abode,
or at 'th-e Houfe or laft or ufual Place or Places of Abode of the Tenant
or Tenants, Occupier or Occupiers, of Ta'ch Lands or Hereditaments,
neglecl or refufe to treat, or /hall not agree with the faid Commiffioners
in the Premifes, or byreafon of Abfence or otherwife, (half
be
prevented'
from treating, or fhall not treat, then and in '
every*
fuch Cafe thy (aid
Corhmiffiohers may3,'attd they are herebyAuthorized Md £mpoWer%cl and*
feqwredy Fourteen Days aHeaftbltfore'ahy General '(Quarter Seflibns or
the Peace to be holden fdtthe faid County of
'Norfolk,
to give or caufe* tcV
be given to the Owner or -Owne'rs, Proprlc-tor or Pfoprietdi's;' Occupier of
Occupiers of, or other Perfon or Perfons interefted in any Lands, Tene-
ments, or Hereditaments, to be taken, ufed, or damaged for the Pjar-
pofefc of
this
Aft, or to lea.ve or caufe to be/ left at the laft of ufual Place
or Places 6f Abode of. the prmqipal Orfice> or Officers5 ofkhy fuch Body
Politick, Corporate,' or Coltegiate^or'^t the laft or uftfal Place or Places
of A©ode ofJ focli Party or PartiesV'tlr any of them refpecTiively, or
at tbie-laft'or ufual Place or Places tif'.^bade of'the Tenaht or Te-
nants In^Poffeffion of the Premifes^ia' Notice in "V^rMng purporting
that!the Value'of fuch:Lands, Tenements,' or Hereditaments, or the
Amouinfedf the Damages or Injury foftalhed^ will be adjuftrd and'fet-
tied by a'Jory at the faid Seffions, or at fome Adjournment
thereof;
and fhe; Justices at their faid Seffions, of at any Adjournment
thereof,.
fhaiU and may, upon due Proof to them made of fuch Notice having beeln5
given brieft as'afore&kr; and they are Hereby authorized "and fe^iirp;*
tft 'tfhme-the Jiity which fhall dttfeM at fuch Seffions, or'fohie
other jety of Twelve'
*
hohe'ft aniT Tufcftahtial Men, :tpt be th^i'kftcf
there iirf'paftneiled, atid returned bf the
Sheriff"'of,
the faid Cou'nty
Lanti? or 'Heredkaiifents) comprized in fuch Notice, and the ftecom-
pea«e* td~ be given fot t'he
:
fame, or. the Satisfaction for any Damage
or> Injury -iuftained as afotefaid, to be "made the' respective Perfcfn" or
PerfoW,' bodies Politick, Corporate, dr Cbllrgiate,*':having any In-
mr&f^^terem, -or to Ae Owner or'Owners
thereof;
according to their
refpe&ive ItttereiVj to which
•
faid Jtiriel the faid Commiffioners/aiid
all-'Parttss mterefted in the faid Lands,-Tenements,'or other Heredita-
ments,»uSa'll- have their lawful Challettgei when they'com^ to be fworn,
and the"Clerk of the Peace* for the fain County of Norfolk is hereby au-
ihoirh&i and required'-tip'ori Application made to rii'm.py" any of thpjPa'K
tees>fntepefted,' by Subpceiia or Summons,under
h'is*Hancf,
to calf',before
rhe.$ufHeesat fuch Seffiohs, or at the Adjournment'
thereof,
any Perjfon,
or Perfons who fhall be thought proper to be ei&mfixed touchirig or
concerning the Premifes ; and the faid Jury upon their. Oaths (Which
Oarh^Car(<3 alfo the;Oaths to-T^ taken by the Perfons wholfliairt ap'geaf
QJ;
be itMfftnwheJ to be e&amined and give Evidence
•
as atorefaid, the'jfald
Juftfcttt'at'their faid''Sefiions are hefeby empowered anU required*td.ad-
aiiltSter'? (bill afcertain; and award the Hecompence tQ^bVg^veni^'tlje
fekJffiita'dsi! lenemenfs,-or Heretirfanietits,' or for arty Damagefarfo-
jury
46eGEORGIl III. Cap. 9$. *9*7
jury which (hall have been done as aforefaid, to the refpective Perfon or
i'erfons, Bodies Politick, Corporate, or Collegiate, Owner or Owners,
Proprietor or Proprietors thereof or interefted therein, and the faid Jus-
tices fhall and may give Judgement according to the Verdict of the faid
Jury,;which Verdict of the faid Jury, and the Judgement thereupon de-
clareJ and pronounced by the faid Juflices, fhall be finally binding, and
conclufive to and upon the faid Commiffioners, and all Perfons and Par-
ties interefted in the faid Lands, Tenements, or Hereditaments, and fuch
Verdia fhall be entered and kept among the Records of the Quarter Sef-
fions for the faid County of Norfolk ; and the fame or true Copies
thereof,
being figned by the Clerk of the Peace for the faid County of
Norfolk^
fhall be deemed and taken as good Evidence in all Courts of Law or
Equity, and all Perfons may have recourfe thereto, or take Copies thereof
or Extracts therefrom, on paying the ufual Fees in Cafes of the like
Nature.
XX. And be it further enafted, That in all Cafes where a Verdia fhall ^"c"tii
be given for more Monies, as a Recompence or Satisfaction for any toSeilona.
Lands, Tenements, or Hereditaments, or for any Damages done to any
Lands, Tenements, or Hereditaments, than had been previoufly offered
by or on Behalf of the faid Commiffioners as aforefaid, then all the Ex-
pcnces of taking fuch Inqueft, and of the Witn'effes attending thereon,
and of recording arid entering the Verdia, and Judgement thereupon,
ihall be fettled by the faid Juflices, and fhall be defrayed by the faid Com-
miffioners out of the Monies to arife by virtue of this A&,; but if a Ver-
dia fhall be given or made for the fame, or a lefs Sum than had been
previoufly offered by or on Behalf of the faid Commiffioners as aforefaid,
or in cafe no Damage fhall be given by the Verdia where the Difpute is
for Damages only, then and in every fuch Cafe the Cofls and Expences
of taking fuch Inqueft, and of the Witneffes attending thereupon, and of
recording and entering the Verdia, and Judgement thereupon, fhall be
fettled in like Manner by the faid Juflices, and fhall be borne and paid
by the Owner or Owners, Proprietor or Proprietors of, or other Perfon
or Perfons interefted in the Lands, Tenements, or Hereditaments in
queflion, and whenever any Cofls and Expences fhall or may be pay-
able to the faid Commiffioners, fuch Cofts and Expences fhall and may
bededufted by the faid Commiffioners out of the Money fo alfeffed and
adjudged, as fo much Money advanced to and for the Ufe of fuch Per-
fon or Perfons, and the Payment or Tender of the Remainder of fuch
Monies fhall be deemed and taken, to all Intents and Purpofes, to be a
Payment or Tender of the whole Sum or Sums fo sffeffed and adjudged,
or otherwife fuch Cofts and Expences', in cafe the fame be not paid on
Demand, after being fo afcertained and fettled as aforefaid, may be re-
covered by the faid Commiffioners in and by fuch Ways and Means as
are herein-after provided for Recovery of the Rates and Taxes to be
raifed and levied by virtue of this Aa : Provided always, that when-
ever any Perfon or Perfons fhall, by reafon of Abfence or otherwife,
have been prevented from treating, the Whole of fuch Cofts, Charges,
and Expences, fhall be borne and defrayed by the faid
Commif-
fioners.
XXI. Provided always, and be it enacted, That nothing in this Houfcn.&c,
Aft contained fhall extend, or be confttued to extend, fo as to enable SSored^*'
the
1928 46°GEORGII III. Gap. 95.
the laid Commiflioners to take, ufe, injure, or damage any Dwelling
Houfe or other Building, or any Gardens, Orchard, Yard, Park, Pad-
dock, planted Walk or Avenue to a Houfe, without the Confent of
the Owner or Owners, Proprietor or Proprietors thereof for the Time
being.
ofSatin" XXI1, And be !t fui,ther enacled, That if any Money ftall be paid or
fationif*
* agreed or awarded to be paid for the Purchafe of any Lands, Tenements,
amounting to
or Hereditaments, purchafed, taken, or ufed by virtue of the Powers of
this Act, for the Purpofes
thereof,
which ftall belong to any Body Po«
litick, Corporate, or Collegiate, or to any Feoffee in Truft, Executor,
Adminiftrator, Hulband, Guardian, Committee, or other Truftee, for
or on Behalf of
any
Infant, Lunatick, Idiot, Feme Covert or other Cef-
tuique Truft, or to any Perfon whole Lands, Tenements, or Hereditaments
are limited in ftrict or other Settlement, or to any Perfon under any other
Difability or Incapacity whatfoever, fuchMoney ftall, in cafe the fame ftall
amount to the Sum of Two hundred Pounds, with all convenient .jSpred
be paid into the Bank of
England,
in the Name and with the Privity of the
Accountant General of the High Court of Chancery, to be placed to his
Account there
ex parte
the faid Commiflioners, to the Intent that fueh
Money ftall be applied, under the Direction and with the Approbation
of the faid Court, to be fignlfied by an Order made upon a Petition to bs
preferred in a fummary Way, by the Perfon or Perfons who would have
been entitled to the Rents and Profits of the faid Lands, Tenements, or
Hereditaments, in the Purchafe or Redemption of the Land Tax, or Drf-
charge of any Debt or Debts, or fuch other Incumbrance, or Part thereof
as the faid Court ftall authorise to be paid affecting the feme Lands, Tene-
ments, or Hereditaments, or affecting other Lands, Tenements, or He-
reditaments Handing fettled therewith,to the fame or the like Ufes, In-
tents,
or Purpofes ; or where fitch Money ftall nqt be fa applied, them
the farase ftall be laid out and invefted, under the like Direction and Ap-
probation of the faid Court, in the Purchafe of other Lands, Tenements,
or Hereditaments, which ftall be conveyed and fettled to, for, and upon*
fuch and the like Ufes, Trttfts, Intents, and Purpofes, and in the feme
Manner as the Lands, Tenements, or Hereditaments, which ftall be fo
purchafed, taken, or ufed as aforefaid, flood fettled or limited, or fuch
of them as at the Time of making fuch Conveyance and Settlement ftall
be exifting undetermined and capable of taking Effect ; and in the mean
Time and until fiich Purchafe ftall be made, the faid Money ihall, by
Order of the faid Court, upon Application thereto, be invefted by the faid
Accountant General in his Name, in the Purchafe of Three Pounds
per
Centum Confolidated or Three Pounds per
Centum
Reduced .Bank An-
nuities ; and in the mean Time and until the faid Bank Annuities ftall be
ordered by the faid Court to be fold and ftall be fold for the Purpofes
aforefeid, the Dividends and Annual Produce of the faid Confolidated or
Reduced Bank Annuities ftall from Time to Time be paid, by Order of
the faid Court, to the Perfon or Perfons who
would,
for the Tinve being
have been entitled to
the.
Rents and Profits of the faid Lands, Tenements,
and Hereditaments, fo directed to be purchafed by virtue 'of, this A£,~in
cafe fuch Purchafe or Settlement were made.
Application XX1IL Provided always, and be it enacted, That if any Money fo
fittion^^ifd. agfeed or awarded to,.;be paid for any Lands, Tenements,-or Heredita-
1 a
meats
46°GEORGIl III. Cap.qs. 1929
rnents purchafed, taken, or.ufed for the Purpofes aforefaid, and .belong-
t|jnei<*^J#
ing to any Corporation, or to any Perion i.r Perfons under any Difability ^ 3a\,
or Incapacity as aforefaid, fhall be Iefs,than the Sum of Two hundred
Pounds, and fhall exceed or beequa) to the Sum of Twenty Pounds,'then.
and in all fuch Cafes the fame fhall at the Option of the Perfon or Per-
fons for the T-me being entitled to the Rents and Profits of the Lands,
Tenements, or Hereditaments fo purchafed, taken, or ufed, or of his,
her, or their Guardian or Guardians, Committee or Committees, in cafe
of Infancy, Idiotcy, or Lunacy, to be fi^nified in Writing under their
respective Hands be paid into the Bank of England, in the Name and
•with the Privity of the faid Accountant General of the High Court of
Chancery, and be placed to his Account as aforefaid, in order to be ap-
plied in Manner herein-before directed, or otherwife the fame fhall be
paid at the like Option to Two Truflees, to be nominated by the Perfon
or Perfons making fuch Option, and approved by Five or more of
i
he
faid Commiffioners (fuch Nomination and Approbation to be fignified in
Writing under the Hands of the nominating and approving Parties j in
order that fuch Principal Money, and the Dividends arffing thereon, may
be applied in Manner herein-before directed, fo far as the Cafe be applica-
ble,
without obtaining or being required to obtain the Direction or Appro-
bation of the Court of Chancery.
XXIV. Provided alfo, and be it enacted, That where fuch Money fo JPgJ?"^
agreed or awarded to be paid as next before mentioned, fhall be lefs than ^km"ii'Vfe
Twenty Pounds, then and in all fuch Cafes the fame fhall be applied to toaa *oi.
the Ufe of the Perfon or Perfons who would for the Time being have been
entitled to the Rents and Profits of the Lands, Tenements, or Heredita-
ments fo purchafed, taken, or ufed, for the Purpofes of this Act, in fuch
Mmner as the faid Commiffioners for Drainage fhall think fit ; or in cafe
of Infancy, Idiotcy, or Lunacy, then fuch Money fhall be paid to his,
her, or their Guardian or Guardians, Committee or Committees, to and
for the Ufe and Benefit of fuch Perfon or Perfons fo entitled reflec-
tively.
XXV.
And be it
enaded, That
in
cafe
the
Perfon
or
Perfons
to
whom
J^^
any
Sum or
Sums
of
Money fhall
be
awarded
for the
Purchafe
of
any oat Titles*
Lands,
Tenemens,
or
Hereditaments,
to be
purchafed
by
virtue
of
this
««• »*
Owrert
Act, fhall refufe
to
accept
the
fame,
or
fhall
not be
able
to
make
a
good fo«!!!£ ptuv
Title
to the
Premifes,
to the
Satisfaction
of the
faid Commiffioners,
or
any thate Money
Five
or
more
of
them
; or in
cafe fuch Perfon
or
Perfons
to
whom fuch 'ntolhc^
Sum
or
Sums
of
Money fhall
be fo
awarded
as
aforefaid, cannot
be
found, Bank,
or
if the
Perfon
or
Perfons entitled
to
fuch Lands, Tenements,
or He-
reditaments,
be not
known
or
difcovered, then
and in
evt-ry fuch Cafe
it
fhall
and may be
lawful
to and for the
faid Commiffioners,
or any
Five
or
rnore
of
them,
to
order
the
faid
Sum or
Sums
of
Money
fo
awarded
as
aforefaid,'
to be
paid into
the
Bank
of
England,
in the
Name
and
with
the
Privity
of
the*
Accountant General
of the
Court
of
Chancery,
to
be placed
to
his
Account
to the
Credit
of the
Parties intereffed
in the
faid Lands,
Tenements,
or
Hereditaments [defending ther)i\, fubject
to the
Order,
Conrroul,
or
Difpofuion of the faid Court
of
Chancery, which faid Court
of Chancery,
on the
Application
of any
Perfon
or
Perfons making Claim
to fuch
Sum or
Sums
of
Money,
or any
Part
thereof,
by
Motion
or Pe-
tition, fhall
be
and, is hereby empowered,
in a
futnmary
way of
Proceed-
[LQC.
&
Per.'}
21 Z ing
i93o
46* GE0RG1I III.
Cap.
95.
ing or orherwife, as to the fame Court {hall feem meet, to order the fame
to be laid out and inverted in the Publick Funds, and ?o order D.ftribu-
tion
thereof,
or Pavment of the Dividends
thereof,
according to the
rdpective Eihte or Eftates, Title or Intereft, of the Perfon or Perfons
making Claim thereunto, and to make fuch other Order in the Premifes
as to the fa d Court fhall feem juft and reafonabie; and the Cafhi r or Ca-
fhitrrs < ^f the Bank of England, who fhall receive fuch, Sum .or Sums of
Money, is and are hereby required to give a Receipt or Receipts for fuch
Sum or Sums of Money, mentioning and fpecifying for what and for
whole Ufe the fame is or are received, to fuch Perfon or Perfons
as fhall pay any fuch Sum or Sums of Money into the Bank as afore-
faid.
Rffppcting XXVI. Provided always, and be It ena&ed, That where any Chieftion
u'lu8.ed
^aI1 a"*e toucnirig the Title of any Perfon to any Money to be paid
into the Bank of England, in the Name and with the Privity of the
Accountant General of the Court of Chancery, in purfuance of this
Ad, for the Purchafe of any Lands, Tenements, or Hereditaments, or
of any Eftate, Right, or Intereft in any Land-, Tenements, or Heredir
taments, to be purchafed in purfuance of this Aft, or to any Bank An*
nuities to be purchafed with any fuch Money, or the Dividends or In-
tereft of any fuch Bank Annuities, the Perfpn or
PerCons.
who fh41 have
been in Pofleffi.-n of fuch Lands, Tenements, or Hereditaments, at the
Time of fuch
1'urchafe,
and.all Perfons claiming under fuch Perfon or
Perfons, or under the PofTefllon of fuch Perfon or Perfons, fhall be deemed
and taken to have been lawfully entitled to fuch Lands, Tenements, or
Hereditaments, according'to fuch Poffeffion, until the contrary fhall he
fhewn to thr Satisfaction of the faid Court of Chancery ; and the Di-
vidends and Intereft of the Bank Annuities to be purchafed with fuch Mo-
ney, and alfo the Capital of fuch Bank Annuities,' fhall he, paid* 3PP%&
and difpofed of accordingly, unlefs it fhall be made appear to, the, ,t3J<i
Court, that fuch Pofreffio"h was a wrongful Pdfreflion, and that jjpme
other Perfon or Perfons was or were lawfully entitled to fuch Lands,
Tenements, or. Hereditaments or to. fprne Estate or Inteseft\ therein.
XXVII. Provided alfo, and be it ena&ed, That when by reafon d any
Difabilify or Incapacity of the Perfon orPerfons> or Corporation, entitled
to any Lands, Tenements, or Hereditaments, to be purchafed under the
Authority of this A&, the Purchafe Money for the fame fhall be required
to be paid into the Court of Chancery, ^ftd to be applied in the Purchafe
of other Lands, Tenements, or Hereditaments, to be fettled to theJike
Ufes,
in purfuance of this A ft, it fhall and may be lawful to and for the
faid Court of Chancery to order the Expences of all Purchafesfrom Tirae
to Time to be made, in purfuance of this A£i, or fo much of fuch, Ex,
pences astthe faid Court fhall deem reafonabie, to be paid by the fai4Com«'
rnifIioners? out of the Monies to be received by virtue pi*this Acl, wh#
fhall from Time to Time pay fuch Sums of Money foj fitch Purppfes as
the.
faid Court fhall direft.
XXVIII. And be it further enacted, That it fljaliUnd. ma,y b^Ia^fii}
to and for the faid Commiffioners, at their firft Meting to 'fee hqWen.after
fhe paffing of this Ad, or at any Adjpurnfflent.thebqfT and fr^Xfrne- to
Time, at their feveral Meetings to be hc4den on the Slecpad £rii&fin the
8 Month
Tlie Court
of Chancery
may order
le.-ifonabie
E'xp^pcps of
Purdis/es
to be paid
by the Com-
mifTioneis.
Taxes to b*
laid.
4l6°GEORGII III. Cap. 95. 193c
Month of April in each and every Year, or at any Adjournment
thereof,
to affefs, rate, tax, and charge ah and Angular the faid Fen Land?, and
the fame are hereby charged with fuch Annus! Sum or Sums of Money
as the faid Commiffioners fhall think proper n^t exceeding in the Whole
the Sum of Four Shillings for each and every Starute Ar.r
thereof,
and
fo in Proportion for any L-fs Quantity than an Acre, all which faid Rates,
Taxes, and Charges, fhall become due and payable, and fhall be paid by
the refpeftive Owner or Owners, Occupier or Occupiers, of the faid
Fen Lands, to the Collector or Collectors, Receiver or Receivers, or
other Perfon or Perfons, and at fuch Time or Tim, at fuch Place or
Places, and in fuch Manner and Form, as the faid Commiffioners fhall at
any of their Meetings to be holden under this Aft, or at any Adjournment
thereof,
direct or appoint, and luch Rate and Rates, Tax and Taxes,
fhall be raifed" and levied in Manner by this Aft direfted ; and all fuch
Rates and Taxes fhall continue to be charged and paid, ea^h and every
Year, fo long as fhall beneceffary for payi-.g and difcharging fuch Sum or
Sums of Money as have been borrowed on the Credit of the faid recited
Aft, and which fhall be borrowed on the Cred.t of this Aft, and all
Intereft which is now due, and fhall hereafter become due for the fame
refpeftively, and alfo the feveral Debts incurred by the Commiffioners
afting under the faid recited Aft, and fo long as fhall be neceffary for
carrying the Purpofcs of this Aft into Execution.
XXIX. Provided always^ and be it enafted, .That no Affeffment, Rate, Hi*h.
L.™8
or Tax, fhall be made, colfefted,'or levied, upon any of the faid Fen berated.
Lands, •being High Lands, whicV-have not been and are not fubjeft to
Jnundation; and that if any Difpute fhall arife concerning any Lands
being to be deemed or not deemed High La^ds, the fame (hall be deter-
mined upon View by Five or more c>f the Commiffioners hereby appointed,
not interested in the Lands in Qucftion, whofe Determination fhali be
final and conclufive.
XXX. Provided alfo, and be it enafted, That no Affeflment, Rate*
?^"rMj^ld
or Tax, fhall be made, collected, or levied on a certain Parcel of Com* n,",.,'ami the"
motfLand catted Metbwold and Southery
Common,
within the Limits of Part jet
out
to
this Aft, bounded by Stake Lode South, Adventure
•
Land Eaji, and fionert'of'thc-
Fdtwell Drove North, nor on fuch Part or Parts
thereof,
as, under fU-mer \a,
and by virtue
•
of the faMrtl recited Aft, were fet out to and is or t"«d°bC
are now enjoyed in Severalty- bf' the Commiffioners afting under fuch
Aft.
XXXI. And, to the End that the faid Rates and Taxes may be more Tenants to
eafily and effectually collefttd and received; be it enafted, That all and av.
ff,*^*
every the Tenants and Occupiers of the laid Fen Lands, which fhall be tiltm from
affefled, rated, taxed, or charged by virtue of this Aft, fhall, and he, me, their
Reuts.
and tfvey is and are hereby authorized and required to pay all and every
fuch Rates and Taxes for the Lands and Grounds in their refpeftive Oc-
cupations, and to deduft and retain out of his her, or their Rent or
Rents,
all fuch Sum or Sujns of M'dney as they fhall fo refpectively pay
Eeniandsis and are hereby required to allow fuch Deduftions and Pay-
ments,- upon-Receipt of the Refidiie of his, her, or their Rent or Rents;
aadewer^L fuch Teaant or Oecupiei? paying any fuch Rates or Faxes, fh sit
ba
i932 46°GE°RGII III.
Cap.
95.
be acquitted and difcharged f asmuch Money as fuch Rates or Taxes
To
paid
by him, her, or them relpe&ively, fhall amount unto, as fully and effectually
as if the fame had been actually paid, to his, her, or their Landlord or
Landlords (except where there is or may be any Lf afe or Agreement to
« *„
**„A.
the contrarv), but nothing herein contained fhall extend, or becohftrued
duiftPehaitKi. to extend, to enab e any Tenant or Occupier to deduct from his or her
Rent any Penalty or Forfeiture incurred by Non-payment of the Rates
and Taxes hereby impofed.
up beneficial XXXII Provided neverthelefs, and be it enafled, That no LefTee or
5jWed°roe Tenant of any Lands or Grounds, charged with the Rates or Taxes im-
deducc
Taxe».
pofed by this Ac>, who fhall hold fuch Land.-, or Grounds by virtue of or
under any Leafes from any Bilhop or Collegiate Church or College, or
any Ecclefiaftical Corporation, fole or aggregate, or by virtue of or under
any other Leafe or Agreement, of which other Leafe or Agreement there
fhall at the Time of paffing of this A£t be more than Five Years to.come
and unexpired, fhall be entitled to deduct the faid Kates or Taxes, or
any of them, out of the Rent referved or payable by any fuch Leafe
or Agreement, but that the faid Kates and Taxes fhall be charged upon,
and paid by the Leflees or Tenants lo holding fuch Lands or Grounds as
aforelaid.
leafe*
or
XXXIII. Provided alfo, and be it enacted and declared, That nothing
mtXnll
in the faid "cited Aft or in this Aft contained, fhall extend to charge
ftcted. any other Leffor or Leflors with the Payment of the Rates or Taxes,
or any of them, by the faid recited,Act or by this A£t charged,
contrary to any exprefs Stipulation made or contained in or by any
Leafe or Leafes, Agreement or Agreements, in which it hath been
agreed that the Rates, Taxes, or AfTejfments, for the Drainage; of any
of the faid Fen Lands comprifed in, pr demjftd by any fuch Leafe
or Leafes, Agreement or Agreements, fhall be paw; by the jLeffee «ir
LefTees
thereof;
any Thing herein contained to the contrary notwith*
Handing.
,in
cafe
of XXXIV. And, for enforcing the due and punctoalPayment of the Rates
of°ffiTeDe. apd Taxes by this Ad charged j be '*it esaaed, That if any Perfon.or
f.iuiteistofjr- Parfons fubjecl or liable to the Payment of rthe faid Rates, or Taxes, or.any
thePptmd.111 **a^ tnereo^» &aN omit pr negk&to pay'lit Tame,-or
any.
Part
thereof,
to i'he; Collector or Collectors, or ptb«£ Perfon or Perfons appointed by
the faid Commiffioners to receive and collect tfeefame, for the Space of Thirty
Days next after the refpective Days of Times which fhall be limited aad
appointed for Payment of the fanie byifihe laid CommiiSoners ^Twenty-
one Days Notice of the refpective Tifrfes ;of fuch Payments, hiving been
previoufly given in Manner herein ^i#te*ed,;whicfcNoi;iQefttalIbe^od.be
deemed and taken to be full and(^e,ym-|Joiice:to^llP£rfons;c^cerned
of the Day of Payment of fuch Rat«&i0f;^axe^)i]theji:ahd in every fiich'
Cafe every Perfon fo omitting %Jlie>ffei? aad :pay ;ta ihe faM^^oaimif-
fioners by way of Penalty for everjr fuch QmiflioA,? Neglect, or Ifen-pay.
ment, the Sum of Three Shillings and Four-pencefor every ;Tw«niy'4Jhil.
lings of the faid Rates and Taxes.which fhall be fo in atrear and Unpaid,
and fo in Proportion for any lefswSuin than Twenty Shillings; awlfuch
Penalty fhall be paid to the Collector or Collectors of the faid?
Cconniif-
fiopers, or to fuch Perfon or Periods, as they ftajl appoint td
receive
the
fame j and in Default of Payment thereof to fuch Collector or Collectors,
Or
46°GEORGU III. Cap.a$. 1933
or to fuch other Perfon or Perfons as aforefaid, "on Demand, every fueh
Penalty fhall and may be levied and recovered by fuch Ways and Means,
and in fuch and the fame Manner
as
the Rates and Taxes hereby charged,
or any of them, may or can be levied and recovered ; and all fuch Penal-
ties,
when received, fhall be applied by the faid CommhTioners in carry-
ing this Act into Execution.
XXXV. And be it enacted, That if any Perfon or Perfons mail refufe, .power of Dlf~
omic,
or neglect to pay all or any Part of the Rates or Taxes which he, treiiincafeof
fhe,
or they is and are hereby made liable to pay and difcharge, for the *paym
Space of Two Calendar Months next after the Days or Times which fhall
be limited and appointed for Payment of the fame refpe&ively, or fhall
refufe, omit, or neglect to pay all or any Part of the Penalty or Penalties
which fhall become due, by reafon of the Non-payment
thereof,
then and
in every fuch. Cafe it fhall and may be lawful to and for the Collector or
Collectors of the faid Rates and Taxes, or any other Perfon or Perfons,
by virtue of any Warrant or Precept under the Hands and Seals of any
Three or more of the faid Commiffioners (which Warrant or Precept fuch
Commiffioners, or a:»y Three or more of them, are hereby authorized and
required from Time to Time to grant and make, as Occafion {hall require-,
whether affembled at a Meeting or not) to enter into and upon all or any
Part of the Lands and Grounds hereby taxed and charged as aforefaid, for-
which fuch Rates,Taxes, andPenalties fhall be due and owing, and all Mef-
fuages and Tenements thereupon Handing, and thereunto belonging,
with the Appurtenances, an*'to 4eyy the Sum or Sams of Money due and
owing, or payable for fuch Rate's anff-TaxeS;, by fuch Perfon or Perfons fo
refufing, omitting, or neglecting0
to
pay the fame, and alfo to levy the Sum or
Sums of Money due and owing by fuch Perfon or Perfons as aforefaid, by
Way of Penalty, for the Non-payment of fuch Rates and Taxes, or of
any Part
thereof,
by Diftrefs of the Cattle, Corn, Hay, Goods, Chattels,
and Effects, which fhall or may be found thereon, or" of a fufficient Part
thereof,
and the Cattle, Corn, Hay, Goods, Chattels, and Efiefts,„\vhich
fhall be fo diftrained, to impound and keep on the Premifes, or to take,
lead, drive, carry away, and keep for the Space of Five Days, at the Coft.s
and Charges of the Ptrfon or Perfons liable to pay the faid Rates, Taxes,
and Penalties, leaving at fuch Meffuage or Tenement, Lands, Grounds, or
Premifes, or derive ing to theOccupiers, or one of theOccupiersof the fame,
Notice in Writing of fuch Diftrefs. being made, and of the Caufe
thereof,
and of the Place or Places wnerefuch Diftrefs is to be or is led, taken,
diiven away, and impoundedMd%ept; and in cafe the Sum or Sums of
Money for which any fuch Dmre&yjall'be made, and all Colts, Charges, an4
ExpencesattendingfuchDiftrefs^ fhall not be paid and difcharged to theCol-
lecfor or Collectors of the faid Commiffioners, or to the Perfon or Perfons
makingfuch Diftrefs, within Five Days next after the making of fuch
Dif*
trefs,
and Notice thereof given as aforefaid, then and in every fuch Cafe the
Perfon or Perfons fo making fuch Diftrefs fhall or may, with thq; Sheriff
or Under Sheriff of the faid County of Norfolk, or his Deputy, or the
Conflable or Headborough of the Parifh where fuch Diftrefs fhall be made
(who is and are hereby directed, upon being thereunto required, to affift
therein) caufe rhe Cattle-, Corn, Hay, Goods? Chattels, and Effects fo
diftrained; to be appraifed by Two or more indifferent Perfons., to be
fworn by fuch
Sheriff,
Under
Sheriff,
Gonftable, or Headborough, (who
Is and are hereby empowered and required :o adminifter the proper" and
neceffary Oath or Oaths) and fuch Two Perfons are hereby required to
\_Lcc.
&Per.~] 22 -A appraiie
l934 46°GEORGII HI. Cap.95.
appraife the fame, according to thebeft of their Judgement; and after
fuch Appraifement, it fhall and may be lawful to and for iiich Collector
or Collector;, or other Perfon or Perfons making fuch Diftrefs, to fell or
caufe to be fold, the Cattle, Corn, Hay,, Goods, Chattels, and Effects
fo diftrained, for the beft Price than can be reafonably had or gowen for
the fame for and towards Satisfaction of the Monies for which fuch
Diftrefs and Sale fhall be fo made, and" the Cofts, Charges, and Expences
of taking, keeping, appraifing, and felling the fame, rendering the
Overplus of the Monies arifing from any fuch Sale (if any) on Demand,
to thePerfon or Perfons entitled thereto.
G«r.erai Dif- XXXVl. And whereas Perfons liable to the Payment of the laid Rates
Cattle^6. anc* Taxes may, in order to evade ^he Payment of the fame and of the
removed from
Penalties due thereon, remove their Cattle, Corn, Hay, Goods, Ghat-
ltaietheSM *e*s' anc*
^ffei^s'
^rom °^ tn-e Lan4s and Grounds hereby taxed aad
Payment of charged
as
aforefaid, belonging to or in the Occupation of fuchPerfon or
Taxes. Perfons; be it therefore enacted, That in all Cafes where no fufficient
Dif-
trefs can be found on,fuch Lands and Grounds whereon to levy and raife
the Rate or Rates, Tax or Taxes, due and payable by any fuch-Perfan
or Perfons, and the Penalty or Penalties which (hall have become due by
reafon of the Non-payment
thereof,
it (hall and may be lawful to and for
the Collector or Collectors of
the
faid Rates and Taxes, or any other Per-
fon or Perfons by virtue of any Warrant or Precept under the Hands and
Seals of any Three or more of the faid Comrniflloners
{which.
Warrant or
Precepc fuch Commiffioners, or any Three or more of them, are hereby
empowered and required from Time to Time to grant and make, as
Occafion fhall require whether affembled at a Meeting or not) to levy ail
and every fuch Rate or Rates, Tax or Taxes, and Penalties, by Diftrefs
and Sale of the Cattle, Corn, Hay, Goods, Chattels, and Effects, of any
fuch Perfon or Perfons whenfoever and wherefoever fuch Cattle, Corn,
Hay, Goods, Chattels, and Effects fhall be found, in like Manner as
herein-before authorized and directed refpecting the Diftrefs and Sale of
the Cattle, Corn, Hay, Goods, Chattels, and Effects, which ihall be
found on the Lands and Grounds hereby taxed and charged as aforefaid,
together with ali Cofts, Charges, and Expences, attending fuch Diftrefs
and Sale.
Lands
te.
re- XXXVII. And be it further enacted, That when and fo often as it fhall
"o'Diit'r.fs ' happen that the Lands for or in refpect of which any fuch Rates or Taxes
found. as aforefaid, or any Part
thereof,
or any Penalty or Penalties for the Non-
payment of any fuch Rates or Taxes, fhall be due and unpaid, fhall be
unoccupied, or that no fufficient Diftrefs can be found thereon for levying
the fame Rates or Taxes and Penalties, then and in every fuch Cafe fuch
Lands fhall be and remain a Security for the Payment of all fuch Rates,
Taxes, and Penalties refpectively, fo due and unpaid, and all Cattle,
Corn, Hay, Goods, Chattels and.Effecls, which fhall at any Time there*
after be found on fuch Lands, fhall and may be diftrained, impounded,
kept, appraifed, and fold in Manner aforefaid, until all the Rates
and Taxes, then due and owing for or in refpect of fuch Lands, and
all Penalties which fhall have become payable by the Nonpayment
thereof at the Times aforefaid, and all Cofts, Charges, and Expences,
incident to every fuch Diftrefs and Sale, fhall be fully paid, fatisfied, a«d
discharged.
XXXVIII, And
46°GEORGII III, Cop. 95. 1935
XXXVIII. And belt further enacted, That in cafe it dial I happen Lands may
that Kny Part of the faid Fen Lands fhall be untenanted or unoccupied by f?r
Pavment
the Space of Twelve Calendar Months together, and no fuch Diftrefs as of
Taxes.
aforefaid can be found for levying the Rates and Taxes due in refpect of
the fame, the faid Commiffioners, or any Five or more of them, at any
of their Meetings, ihall have full Power, and they are hereby authorized
to let by pubiick. Auction to the beft Bidder or Bidders, fo much of the
faid Fen Lands upon which any Rate or Tax fhall be fo due and in Arrear,
as they the faid Commiffioners, or any Five or more of them, fhall judge
fuffkient, for fuch Term or Terms of Years, at fuch Rent or Rents,
and upon fuch Terms and Conditions, as to them the faid Commiffioners
or any Five or more of them fhall feem meet, and the faid Commiffioners
fhaR apply the net or clear Rent or Rents arifing and received therefrom,
in Payment and Difcharge of all fuch Rates and Taxes as aforefaid, and
the Penalties incurred by Non-payment
thereof,
and alfo the Carts, Char-
ges,
and Expences, of advertifing and letting the faid Fen Lands as afore^
faid ; and where any of the faid Rates and Taxes fhall be in Arrear and
unpaid by the Space of Three Years together, then and in every fuch Cafe
it fhall and may be lawful to and for the faid Commiffioners, or any Five
or more of them, at any of their faid Meetings, and they are hereby au^
thorized and empowered, to fell to the beft Bidder or Bidders by publicly
Auction, fo much of the faid Fen Lands upon which any fuch Rate or
Tax fhall be foin Arrear, as they the faid Commiffioners, or any Five or
more of them fhall judge fufficient to raife fuch Rates, Taxes, and Pe*
nalties, incurred by the Non-payment
thereof,
and alfo the Colts, Char-
ges,
and Expences, of advertifing and felling the faid Lands as aforefaid,
and by Writing or Writings under the Hands and Seals of any Five or
more of the faid Commiffioners, to convey and affure the fame unto any
Perfon or Perfons who fhall become the Purchafer or Purchafers
thereof,
and to his, her, and their Heirs and Affigns, and fuch Writing or
Writings, Conveyance or Conveyances, fhall- be good, valid, and effec-
tual in the Law, to all Intents and Purpofes whatfoever; but neverthelefs
fuch Fen Lands fo let or fold as aforefaid, fhall be fubject to the Payment
of all fuch Rates or Taxes as fhall be thereafter laid and affefled thereon,
and become due for the fame, by virtue of this Act, and the Penalties for
Non-payment
thereof,
and to all fuch other Rates or Taxes as the fame
were fubject to, previous to fuch Letting or Sale (except the Rates, Taxes,
and Penalties, for the Recovery of which the fame fhall be fo fold as afore-
faid).
XXXIX. Provided always, and be it enacted, That the faid
Commif-
fioncrs fhall caufe a Schedule of the Lands fo to be'let or fold for Rates of,*ie Lauds
and Taxes in arrear, and Penalties to be affixed upon the Principal outer fold to be
Doors of the Church or Churches of the Parifh or Parifhes in which fuch affixedon
Lands are fituateand being, or in or to which the fame fhall extend, Three Doors-
feveral fucceffive Sundays before the Day appointed for the Letting or Sale
of fuch Lands.
XL.
Provided alfo, and be it enacted, That in all Cafes where any Lands letto
of the faid Fen Lands fhall, by virtue of the Provifions herein contained, o*""^*e
be let by the faid Commiffioners, for raifmg the Rates and Taxes due for Sitisfa'aion^
theiame, and the Penalties thereon, fuch Fen Lands fhall (after the Ex- °fTaxessmd
piration of the Term for which the fame fhall be fo let, and the Payment ena,y'
Pf
460GEORGII III. Cap, 95.
of the faid Rates, Taxes, and Penalties, and allExpences incurred by t
faid Commiffioners, or their Collectors, Receivers, or Agents, in and
about the letting of the fame, and the Recovery of fuch Rates, Taxes,
and Penalties, and which Expences they the faid Commiffioners, or their
Collectors, Receivers, or Agents, are hereby authorized and required to
deduct and retain out of the Rent or Rents ariftng and received from or
in refpeft of fuch Fen Lands) revert to the Owner and jOwners, Proprietor
and Proprietors
thereof,
and be as fully and effectually veiled in him,
her, or them, to all Intents and Purpofes whatfoever, as if the fame had
never been let by the faid Commiffioners.
XLI. And be it enabled, That the faid Commiffioners fhall caufe
Notice in Writing, figned by their Clerk or Treafurer for the Time
being, of their Intention to tlet or fell fuch Fen Lands, to be given
to the Owner or Proprietor, Owners pr Proprietors of the fame, or
to be left at his, her, or their laft or ufual Place or Places of Abode,
(if fuch Place or Places of Abode fliall be known to the Commiffion-
ers) or otherwife fhall give publick Notice in any Newfpaper ufually
circulated in the Neighbourhood of the faid Fen Lands, Three
Weeks at leaft before the Time appointed for any fuch letting or
Sale.
For Recovery
XLII. And whereas feveral Perfons have from Time to Time neg-
oftheAr- lected to pay and difcharge the yearly Tax or Sum of One Shilling per
mer
Taxes."
Acre mentioned in the faid recited Ad, in refpecl: of
certain.
Parts of the
Lands and Grounds in the faid Aft defcribe^d ; be it therefore further
enafted, That the Owner or Owners for the Time being of fuch Lands
and Grounds fliall be, and he, fhe, and they is and are hereby declared
to be, and are hereby made liable to the Payment of the faid yearly Tax,
or Sum of One Shilling per Acre, for each and every Acre of the Lands
and Grounds aforefaid, in refpeft of which the fame now remains in Ar-
rear and undifcharged, for fuch Term or Number of Years as fuch Tax
or yearly Sum fhall, at the Time of paffing of this Aft, be in arrear and
unpaid ; and in cafe any Owner or Owners of fuch Lands and Grounds
/hall refufe or negleft to pay and difcharge the fame to the Receiver or
Receivers, Collector or Collectors, appointed by the faid Commiffioners,
at fuch Place as the faid Commiffioners fhall direft, within the Space of
Three Calendar Months next after the paffing of this Aft (publick Notice
of fuch Time and Place of Payment being firft affixed on the Church
Doors of the feveral Pariihes wherein fuch laft-mentioned Lands or
Grounds fhall lie or be fituate, for Two fucceffive
Sundays
immediately
preceding the faid Time of Payment) every, fuch Owner fhall forfeit and pay
the Sum of Two Shillings and Sixpence for every Twenty Shillings of
fuch yearly Tax, or Sum of One Shilling per Acre fo in Arrear and pot
paid as aforefaid, and fo in Proportion forf any lefs Sum than Twenty
Shillings ; and fuch yearly Tax or Sum of One Shilling per Acre, and
the Penalty or Penalties lalt aforefaid, fhall and may be levied and reco-
vered in the fame Manner, and ,by the fame Ways and Means, as
the Rates and Taxes by this Aft impofed are herein directed to be le-
vied and recovered, and fhall be applied in the fame Manner as the
Rates and Taxes hereby charged are by this Aft directed to be paid and
applied.
XLIII. And
1936
For giving
Notice to
Owners of
Lands, to be
let or Ibid.
46dGEORGII m-
C
$937
XLIII. And be it enacted, That all and evdry the Tenants and OcciU
j*™£J°-a
piers.of the Lands and. Grounds in refpeet of which the faid yearly Tax, anear, and
or Sum of One Shillings Acre,' is now in Arrearas aforefaid, {hall and <^^hte^,n
he,
{he, and they is and are hereby authorized and required to pay all
j^entSj
Arrears of the faid yearly Tax, or* Sum of One Shilling per Acre, for
and in refpect of the Lands and Grounds in their respective Occupations,
and to deduct and retain out of his, her, or their Rent or Rents, all fuch
Sum or Sums of Money as they fhall fo refpectively pay,as aforefaid ; and
the feveral and refpective Landlords and Owners of fuch Lands and
Grounds is and are hereby required to
i
allow fuch Deductions and Pay-
ments upon Receipt of the Refidue of his, her, or their Rent or Rents;
and every fuch Tenant or Occupier paying any fuch Arrears fhall be ao-
quitted and difcharged of as much Money as fuch Arrears, fo paid by
him, her, or them refpectively fhall amount unto, as fully and effectually
as if the fame had been actually paid tohis, her, or their Landlord or
Landlords (except where there is or may be anyLeafe or Agreement to
the contrary); but nothing herein contained fhall.extend, or befcoaftrued I""""**'
to extend, to enable any Tenant or Occupier to deduct from his or her nl\trl
Rent,, any Penajty or Forfeiture incurred by Non-payment of fuch'Ar-
rears as aforefaid.
XLIV. And be it further enacted-,. That if any Owner or Proprietor, ownersaf
Owners or Proprietors, of any of the faid Fen Lands liable to be'taxed
botke^f"2
by virtue of this Act* fhall by Writing underpins,; her, or their Hand or tiuirinten-
.Hands, give Notice to the faid CommiffionerSi, or tfoeinTreafiirer or ,io." to,iel,n-
Clerk for the Time being, of his, her, or their Intention to relinquifh exempt fra'n
and give up all his, her, or their faid Fen Lands, and all his, her, and Payment of
their Right and Intereft in and to-the fame, unto the faid Commiflidners, &c; ""'
in order to be exonerated from the Rates, Taxes,: and Penalties, payable
in refpect thereof by virtue of this Act, then^and in every fuch. Cafe every
fuch Perfon fhall from the Delivery of fuch Notice, be wholly exempt
from the Payment.of; all Rates, Taxes, and Penalties, due^or to become
due in refpettof the faid Fen Lands fo.by .him, hsr, orthem'tfelinquifhed
or giyenxup^j^od. then, and from ttence&r'th
.alL
Proceedings taken by the
faid 'Commiflioners, or any of their Collectors, Receiye,rs,Jfor'.AgentS>
againft any fuch Owner or Proprietor, or againft his, her, or their Cattle,
GoY%-Hay,' (3ood;sj Chattels
Qr
iEffe^bs,.for R«ecbvery3bf ifhb Rat^syTalces,
and
Penalties,
in arrear, in nefpe®: ofcthe faidiEeh:.L^ds»fbi:|)y-Iiirflyhet<>
or them reHnquifhed or.
give's,1^!
fhall ,;he
;bull!
and' voidj and ftfeFeri
Lands fo relinquifhedand giveniup.j.;fh'alfthereupoa v^fr^nrthefaid'Cbrn;-
miffipners; and h fhall and rpayfeeciiwiul t-6'and For tfie flM Cpmmifi-
fionerSj oranyFiveor-more of th£m,T after the Delivery-'of fuchrNotice as
aforefaid, to fell by pubb'ek .Auction,
:an'd
to convey and atTure; all and
every the faid-Fen Lands fo reHnquiihed or giveri?up; or anyParP
thereof,
to any PtrribiVprPei-fons whcarjiQeveri jand.iiis^hbr,. -or tnetr- JJdiris'and
AffigASj 9r.at;t,hc Difcretfcm.of
,the
faid Comm'ifEoners ft
ova
Time fd'Time"i
jto p£mife aiftd:;l^t the fame to'jany Perfon or'-Perfons, For^any-'Term or
^ty^ber.pfT^afs.p^J..e»cee4i)ig:^vemY€arff^forthe befl: arfdvpieift fm-
{>rovied.,;yearljy1Red,T5ithat can,M mzy be gotten for the fame, and. upon
|acbtT^|as;andfiC^jadJtfej>n§;afc,ijoiher-feid CamiruffioBersTfralfcfeern -tneet j
and ev^^Cpnveyance, L«af^.Ati4"©emife thereof^which (hall be rftade
by thefy-iConVjB.ifjjoners, •fhJali;b'e goodj valid, ahdefi^&uatin the Law'
*P
.'ai^Jnff"^
and Purpofes': whatfoever ; and"the'TMom*s anfiifg'-froni
[Loc. & Pe'r.j 23 B fuch
i93f
Lands may
bt furveyed.
Mortgages,
Stc. to be
as valid, as if
former
A «ft
not repealed.
Commi(Tion«
ers may tor-
row Mo*»ev -
by Way of-
Mortgage.
46frGEORGII III. -Capias
#ch'Site drlietting ftsill fee paid t© the Treafurer for the Time being
of the faid Comtttiiffionersi and be applied for the Purpofes of this
A&.
XLVY And be it further ena&edj That the faid Cominiffionefs may
erder anad &ht& all or any of the Lands by t,his A& made liable to any
Hate or Tax, to be furveyed, admeafared, and mapped, in order to af-
certain the Qu&wity of Land liable to fach Rate or Rates, Tax or Taxes,
and the exa&• Cjhjantity befonghig to each particular Perfon or Petfons,
and to paytt&Jg Escpences
rtiefe©f
out of the Monies to arife by virtue of
*his Aftifahd it fell and may
fee'lawful
to and for any Perfon Or Perfons
•ernployediin makiftgj^tfch;3*rYeyv$nidAdmeafaremenf, to enter on the
Land®
op Grounds »p|?aaiy Perfon
car
Perfons whomfoever
loir
that Putpofe
%
mndiQdte6tir«ey ar*di]A4tti»afurement when fo niadeV
fliall
be delivered w
the
feisd'^wamiifiioners-s/k
foiae one of their Meetings, and {ball be verified
«poft*h«j|>ath «r Affirmation of the Perfon or Perfons making the fame
(wfeicfcfilwh or Affifinatba* any
on*,
©f th« faid Commkflioners is hereby
zatimmid taadrmnilkr)arnith«fataaewhen fo verifiedj ihallbe a fuffieieht
Atithprity to the foH C&raminTioners to make and colled the faid Rate*
and Taxes by, and fliall
be
.binding on the feveral Perfons charged with
the payment thereof for their federal Lands charged with fuch Payment j
and fach Survey ami' Ad«mfar$iie)&,$$ fifjM by the Perfon or £er-
&$&si»a8dag;
me Jfawe,
wadj*lfdVsbf-•&$$
Fke or ihofe of the faid
Cotnmiliomsrs, ftalt'be*a*g #iaH be Slewed fcs godd Evidence m all
His Majefty's Courts o^4aaw»«ot |ud^ufe»> arid itt di Gafes what.
foeyerv
2i&]KI;.P|o.Yiiled jafaatays* and be it'dna&ed, That all Bonds, Morti
gkg^Afi»f£wneHt& Oaras, Conveyances* Leafes, and all Securities
Y4*w»
*>*-
granted to or" by any Pe*fcn
pr-
Perfon*, Body m
&0&m IJflBWck, 'r Collegiate or stay others v»homfo6V3f»
»6itfigfb^«f(>m^r thfe Autkdrifty of the faid t eclfed-
A&;
ftaU be as^gde^
^aKlli ^>5i*ng,i!and; efisaauakVas if the i>id
ntived.
&& had not -been
j^eateAijiftny
Ithtagrheargin d to the contrary thereof in any wife
W0MfiJb^Mvfo*M"fim&ti&} That it {hall 4a#
may
be lawful td
gj^f^t^fcid t««»*i&Ctti|«, ot:(^e-ina|or Part oftkem, afletftbled at
^^iitetjhgitOLM^de^kfce^W faffing of this A&, or at any Ad^-
feu«W(^&4h«^e% ^u«r^y4Aj^l4lMtyeayfy Me#tog (at wfikh
i$%^y^iilN^^bg)&'^t^^H|^|lgaiMrs^
01^0^'
ieaft fh*il **Tpr«ft**>tt«J
^^^^^^emp^Sxed fro&^ifet^ t&Tirne to baimwmy Siim
o~r
ftlMjriUm^tthiMiVtwy >&*# twiiltti&flSfcrjr for; the Ptirpofes of this
teh-&frtffc?d™g i^nbeWtoledt'gny.^W'Time (toother- vrWtht
I^^^^Jb'ew&i^^^dWxiu« o«ithfe
>£tt8k
of «h« iM #bclte#-A)
tJ^%8^^S^^«wii*««hasfby' «%«f ]\*y Wft«n£
W^T^i^iH^^^ai^-^lilB to alfigh c«re foui Jt4t*8MB*;Ta*e#l
^Mpc fhsiRef a^^ktrof;a^i^b^-6iim awdStfms »f M^ney fo ri
1riwjnfca vdy of Momtoujiii #rh *wvftr} In^reft for *he fa«^,'^
i
oit P^r^^sc wfea ihafl a^few^and lent* th* fatrie, his, heiS e#
ty|(T "Sruftae os; Tj-.uiee%.E»ecuK*sv *Adm«»fcratGrsy tit
A%R^
Md
MSLtet^.as. afttoefeid fhall be payable
ai^d
paid Haff.yearly) a»d alt
"""^ry Perfoa. c^PeTibns to v^sam^ aa-y fuch Htfwtfgage or/UfigiteSient
Ihall
46°GE0RGI1 III. Cap.q$. 1939
fiiall be made, and all and every Perfon and Perfons to whom any Mort-
gage or Affignment of the Rates and Taxes charged by the faid recited
Act hath or have been made, (hall be a Creditor and Creditors on the
faid Rates and Taxes hereby charged, and no fuch Perfon fhall have
any Preference in refpect of the Priority of advancing any fuch Sum
of Money ; and every fuch Mortgage or Affignment hereafter to be made
fhall be made for the Sum of One hundred Pounds only.
XLVI1I. And be it further enacted, That every fuch Mortgage
cr Affignment may be in the Words, or to the Effect following:
' \7E/E of the Commiffioners appointed by or Form of
' in purfuance of an Act of Parliament, pafled in the Forty-fixth Mortgage.
* "tear of the Reign of King
George
the Third, intituled, [herefet forth
c the Title of this Acl~\ in Confederation of the Sum of
' advanced and lent by A. B. upon the Credit and for the Purpofes of the
1 faid Ac"i, do hereby grant and affign unto the faid A. B. [or, to his
* Trujlee or Tru/lees, as the Cafe may
require"]
his Executors, Adminw
' ftrators, and Affigns, fuch Proportion of the Rates, Taxes, or
Afleff*
" ments, to be raifed, levied, and collected by virtue of the faid Aft, as
' the faid Sum of doth or fhall bear to the whole
* Sum charged, which may at any Time be borrowed or become due and
c owing, or be charged upon the Credit of the faid Rates, Taxes, or Af*
* feffments, to be had and holden from this Day of
' until the faid Sum ef with Intereft
* at per Centum pec Annum for the fame, mall be repaid
' and fadsfled. In Witnefs whereof we the faid Commiffioners have here-
* unto fet our Hands and Seals the Day of
' in the Year
And all fuch Mortgages or Affignrhents, and all Mortgages or AHign-
men-ts granted by virtue of the faid recited AQ:, fiiall be numbered, com-
mencing with Number one, and fo proceeding in an Arithmetical Pro-
greffion afcending, whereof the common Excefs or Difference fhall always
be one ; and every fuch Security fhall be good, valid, and effectual, and
flaall entitle t&e Perfon or Perfons to whom the fame fhall be made, his,
Re*,
or their Executors, Adminiftrators, and Affigns, to the Payment
thereof^
in-d to all' Profit and Advantage thereof according to the true
Inrent and Meaning of this Ad.
XLIX. And be it further- enacted, That in cafe the faid Commiffiori» Power for
ers fha"H, at any of their,.Meetings to be holden in purfuance of this Aft, Commiffion-
think it advifable
Do
raife all or any Part of the Money to be borrowed Money^y
under this Aft, by granting Annuities for Lives inftead of Mortgages or Annuities.
Affignments as aforefaid, it fhall and may be lawful to and for any Five.
or morVof the, faid- Commiffioners, and they are hereby authorized and
empowered", by, Writing under their Hands and Seals, to grant an An-
nuity' or Annuities tbany Perfoh or Perfons who fhall contribute, advance,
#'a pay; into Aife' Hands of the Treafuref or Treafurers to the faid Com-
jpflioliers,any Sum or Sums of Money for the"abfolute Purchafe of any
i&tfuity; or Annuities to be paid- and payable during the natural Life of
iv'eVy ltfcft Contributor, or the natural Life of fuch Perfon as ihall be no-
or on fhe: Behalf of fiichContributor, at the Time of Payment
of'.hispr, her Contribution' or PurcnaTe" Money, fo that no fuch Annuity
do
1940
Form of
Grant of An-
nuity.
Power «f
tramferring
Affignments
ar.d Annuu
ties in apre-
fciibcd Form.
468
GEORG1I III.
Cap.M*
do exceed the Rate of Ten Pounds per
Centum
per Jrinum upon a Cngle"
Life,
except in fuch Cafe? where the Perfon for whofe Life any fuch
Annuity fhp.Il be granted (hall be of the Age of Sixty Years or upwards ;
and the Expence of every fuch Grant fhali be paid by the faid
Commif-
fioners, out of the Monies fo contributed ; and the Grant of every fuch
Annuity may
be
in the Words, or to the Effect following ;
{ \\7E cf the Commiffioneins appointed by or iri
* purfuance of an Aft of Parliament, made in the Forty-fixth
« Year of the Reign of King
George'the
Third, intituled, [fit forth tht
' Title of
this
Att~\
in Confideration of the Sum of
' paid by J. B. to C. D. the Treafurer appointed in purfuance of
the;
(aid
4 Aft, do hereby grant nnto the faid A. Aan Annuity oi yearly Sum of
« to be paid out of
the
Rates, Taxes, oriMlfS
1 ments, to be ralfed, levied, and colie&ed by virtue of the laid Aft;
' which "Annuity or yearly Sum of mall be- paid
>td
' the
faid'jf.
5. or his Affigns, during the Term of his natural Life*
«
[oras
the
Cafe may
be, to the. faid
A*
B.his Executors, Adminiftrators;
c or Affigns, during the natural Life of CD*J ttpoa the
6 Day of in every Year, during the natural Life of
« him the faid at the the firft Pay-
' ment thereof to be made upon the Day of
* nextenfuing the Date
hereof.
In Wiinefs:whe^ef we'the faid
Comtnlf-
' fioners have hereunto fet our Hands and Sealslhe Diy^of
* in the Year
And every fuch Grant fhan be good, valid^an4,effe^ual in the
Law, without any. Enrolment or Regiftry of die, JVIe^oriatl thereof in
the High
Co'urtof1
Chancery or eflewbere, excepl aTnere1n»aft§r inen-j
tioned, any Law or Statute to the contrary thereof in anywife notwith-
ftaniling jsa^-every'Awi&flry fo'tote granted s^afoflefaldrfljall'feiie &!»&
is hereby;c|iarged upon,: and lhall.be payable and paid by the T^e$ft$er
toiftdiftid Commiffioners; oiit-of the laid Rates.; Takes,'or
Affe0t®&mjg9
according to the «Gfeint of fuch: Annuity*
H./And.be if farther ena&edj That it fhalland atfay be lawfbl to and
fs entitled to any of
the,-
Securities Jfar thej Money borrowed
bytvictoe rf |he faid rect^sA&j'.(*>r to be
borrowed!
$puni
legal Jfitertft
as aforefaid by virtue of this Aft, or to bfciraifed! by the^graritihgiof .An-
nuities as aforefaid, and their refpeftive Executors, Adminiftrators, or
^t0^[hsi,i^)the (3& Aray be,' aX ahyi^TamepHbylWrttm^ :andirI>iKeir
H^dsikitt Sealsj t« itrinsfe'r ii&cbl 'Sexuytii^l^iny; petfeai
tor
tjyfotvs
iisfkomdfogireti; anjd evfeip^ticb; "IiansfeTiiaiftylib&iatth* W<6rds ;©rvt«f'-fete
EffecV;fcg
>
ilit|e^to%#|irriW.L.. 'HfVP$|1
ut.-mtw
•$m\
,a mortgage orAffi|r ..., _,
'•'""...', . ^^nia^UEone^'^tTng ftftlfc3£*gui$>
^™.~*
...x.-»i^
rr.* r...^ 1L
-
ttfeM tttU
Aa] Ot 01 JU1
.&eCBf$#<$
_. , , itL'MTiiig
George
fhk
SCC-
•'
W&&, 'tjetjorib the Title tftfyjmrlctod A&\ upon the CredW the
Rates,
46°GEORGII III. Cty.93.
Rates,
Takes, andAffeffments, granted or payablebythe faid Aft,
do,
hereby
transfer all my Right and Title in and to the fame Sum [or, Annuity]
and all Interelt, and other Money now due and'arifing thereon unto
E. F. his Executors, Adminftrators, and Afligns. Dated the
Day of
And a Copy of every Security, Mortgage, or Alignment, made by virtue
of the faid recited Aft, and a Copy of every Security, Mortgage, or
Affignment, togetherwith the Number or Numbers
thereof,
and of every
Grant of Annuity which fhall be made in puffuance of this Act, and an
Extract or Memorial of every Transfer thereof respectively fhall be entered
in a Book to be kept for that Purpofe by the Clerk to the faid
Commif-
fioners, which Extract or Memorial fhall fpecify and contain the Date,-
Names of the Parties, and Sums of Money thereby transferred, ro which
Book any Perfon interested fhall at all reafonable Times have Accefs, and
fhall have free Liberty to infpe& the fame without Fee or Reward^; and for1
the entering of every fuch Transfer the faid Clerk fhall be paid by the
Perfon to whom fuch Transfer fhall be made, the Sum of Two Shillings
and Sixpence and no more ; and every fuch Transfer, after Entry
thereof*
as aforefaid, fhall entitle the Perfon to whom the Transfer fhall be made1,
and .his or her Executors, Administrators, and AfTigns, to the Benefit of
the Security thereby transferred, without any other Registry or Enrolment
whatfoever*
LI.
And, in order that no Preference maybe giveh to any of the Per- Provifionfrij
fons who flvall have advanced and lent Moiiey upon the Credit of Rates, of'cfeJufr"*
Taxes, or ArTeffments impofed by this or the faid recited Aft; be it fur- byBallo*.
ther enacted, That the faid Commissioners (if there fhall be more Creditors
than one) fhall caufe the Number of all Mortgages, Aflignments, or
Securities granted, and then in force', for fecuring the Principal Monies
lent and advanced upon the Credit of fuch Rates, Taxes, or Affeffments,
of which Part fhall be then intended to he paid off, to be written upori
distinct Pieces of Paper of an equal Size* and all fuch Papers'fhall be
rolled up in the fame Form as near as may be, and be put into a Box of
Wheel, and the Number or Numbers of the faid Affignrheilts Or Secu-
rities fhall be drawn feparately out of the faid Box or Wheel by the Clerli
to the faid Qommiffioners ; and after every fuch Billot the faid
Commif-
fioners fhall caufeIsfotice, figried by their Clerk, to be given to or left at
the last or ufual Place of Abode of the Perfon or Perfons who fhall be eni
titled to the Money to be pa^d off purfuant to fuch Ballot, ai'nd where"
there is only one Creditor, to give Six Calendar Months Notice to filch*.
Creditor of the Intention of the faid Commiffioners to pay him or her as
aforefaid ; and every fuch Notice fhall exprefs the Sum to be paid off,
together with the
Interest"
due thereon, and that the fame fhall be paid on*.
a Day, and at a Place to.be fpecified in fuch Notice, fuch Day not being
fooner than Six Calendar Months after the Day of giving or leaving fuclt
Notice as aforefaid, and the Intereft of the Principal Money to
be To
paid
off fhall, from and after the Day to be fo specified, ceafe and be no longer
paid 'or payable, Unlefs fuch Money fhall be demanded purfuant to fuch
Notice, and not paid, but the Principal Money in refpect whereof fuch
Notice fhall be given, and alfo the Interest thereof fo the Day to be fo
fpecined, fhall neVerthelefs be paysble on Demand j but nothing hereiii
\Loc. &
Per.~]
2,2 C contained,
I94I
tower to bor>
row Money
at a lower
Intereft to
difcharge Se-
curities at a
higher Rate,
4^6'£0HGII HI
e*oftfa<N$8«i: fkfi
e*f«*d;
ol* &e eonftrtied- td
eJ5«eiid"|:
fd as w rehire, rti*
faid "'G««rtmiffioflefs to pay off and difeharjgeiaay
Momie&
l«att oft^he;Credi§
df the
fMd
Rates,*-
Tsxesj-o^r Aff&ffmaitSi %• way of'Artftattyv afttfl-all*
other the Gredirorsi on the faid Ratt*y "Eaxesi or Affeffaientsy;flVaJl be*
paid ofFand difcharged, and the feveral Parties fo lending Money by way*
of Annuity (hall agree to accept the Sum or Sums of Money offered by*
the faid Commiffioners,'for the Re-pu*shafe of fuch his, her, or their
Annuity or Annuities.
JLjfL Provided atways, afld be- it enacted, That iil cafethe faid Gortt-
miflionerscm at
any-
Tirne
bprrow-
or take up any' gum or Suths of Money.
at a lower.Slate- oflnte^ft.than the Mortgages, A%!wndntS, of Secu-
rities-,
wl)ic|ftallbetjheri in force, ffiaj.Near, it {halt' arid ntay be fawfo^
t'o^and for tfe.faid' Coin^ifS^ers,from^Ti^
MTf^WentsViq ^
Taxtt veiled
in Cfeditots
and Annui-
tltt.
And. be it farther"
f%$34/£
-fhat #< Mates'
alio*
Taxes heretic
charged, 'and fuch Rates and Tape's as'aTlridw due -miter the faid re-
cited A#s fliall be and are hereby charged
%nd
chargeable with and~fof
the Ifyn^nt of all
and-
every Sum and Sums of 1$aney
whlcht-
have xor
Jiath
b|"eh borrowed by virtue pf
the,
fajd*^e£Ued Act, and now. feipafe' 'due,
and! ^Jiich ll»n of
may.
pr^aftetfee bo'rfow'ed. iHideif^he^^hwky'df tn$g
pfefen't
AcT.,
and' tW'ijatereft' of fuch rnphm r^feetifvely:' -Mcf of atfy'Iij>
Application
ot Monies,
Colls "ana £ barges *eccaflop|d
by,
$« ftofcpayjhent
thereof,
and the fafd
Cle'l^ojsJrW Anf>m^ tieir f^^'ive' E$
/dflW|irafofs,;ahd AffigPS, Shalt mvekhe fame PWers,, Rights, and
-*«^-">-
"'
of raiiws, :^sc^et'|i|,?lait; ^nfprdng' t*a'irnetit of the faid
atIsfymg ^rki difc
lojpr,.l^ereff,,andAfthu!tLr .„„,„_„.. „_ „ r
jq J^aypxent ihejeoKas tftel^Wmaf}
feecoiVe^dik)
astifie faid ComrnJulo^
'rj^pges, ol: failing, "le^Vei1^,^ ari,tf r: _ .,...
Katef gptf ,Ta?ce6, f^T th'^jtetlsfying ^rid olfchargm&ro them refpe&rtfely
HJC^lTineipai J^ojff.rj1|jfe^
&att
be madfc
^h^r^m CpfM^or.otlCollectors, jtaye ox, weuhi/f)ave had by'Virtue
of "this Aft, in cafe the 'faid fffocipai'Mbtiey, Interest* and Annuities,
pa*
been.
jegwiarly paid arid faUsrTecE,
tXJk, ind be ft .further eoaSteflu That the Monies now in the ffafSgTs
£
§
iNt^W/Wg?
%
^fi{^ors» pV,pt^r jb^cers of the 'Commiffioneys'a^
ingjuln^ejf'the iard^ec0d.-^c^"jHMvei"bT tfiisriij uiiles and by
f!ftu^.oI
)fl&Ta^,^icii^dllA^!^2'/ail' ^rrcjr^ of Kas^.and Ta«e*inow |u% u|^i
f
^^fjwuk ol.^ M^recitld. A^t»-and
«
I^Ofes vMji arjfe from' ibp
. ,}WC^-'?3^ fe^f^l^J^8^8• ^ftfe^3fcll'w.^<3^ney td'M5e:jb^^
fQwea• ,o/,raifed. b-y;|Ief gi^'ung o| ?i)y Anhiiftv- or Aonurties
uftdef.
apw
W.va'iue,(.of this4-^»jai all g^u^a-ry'^elnailies^V^pr/eitures,* and "?%
gf^s'l^iooies to |>e.received,.Jevied,*'
o^-r,
rceovered'ljy v^tue b^thtp A
^§^her*ile difpofed -ot, Iliatl'be*an34i« fame
"jyie
^'e^By veftW^fii'fte
4& GEO RGI I ffl. Cap. 9,5.
J
943
Commiuioners. aftirtg uiidef ahd by virtue 06
this.
Act, and fhall be-by#
t^hem applied and difpofed of in Manner following; (.that is to fay), in the
fjrft Place, in paying and defraying the Colts, Charges, and Expences-
which fhalf be incurred in, incident to, and. attending the obtaining and
gaffing of this Aft, and the Intereft of alt Monies which have been, or
fhall or mayrbe advanced for that Pufpofe, and then in Difcharge of all
fuch Debts as have been contracted by the Comrrsiffioners acting under
the faid recited Aft, in making and repairing the. feveral Works of Drain-
age thereby authorized to be made, or otherwife for thePurpofes of the;
Taid recited Aft, and which are.now due and unpajd, and in Difcharge,
c^f the Intereft- of all fuch Monies as have- been borrowed and taken up
at, Interest under and by virtue of the faid recited Aft, and of all fuch
Monies as fhall be borrowed and taken vfp at Intereft, and of all fuch.
Annuities as fhall be granted t>y virtue of this Aft, and for and towards.
t)ie feyeral Works of Drainage, and other Works by this Act autho-
rized to be made, done,, and executed, and towards the Support and
Maintenance of the fame, and of the prefent Works of Drainage, and,
alfo in Dijchatge of all fuch Principal
Monies,
as
have been, borrowed audi
taken up at Iju ere ft, under the Authority, or on Account of the faict
former Act, and of all fuch, Principal Monies as fhall be borrowed and.
taken up at k^eseffc, or by way of Annuity, b^ virtue of this, Act,, and,
for the general. Putpofes of this Acu
LV» And be it further enafted, That no Perfon or Perfons who is, are$ proprietors
or fhall be a Credito^ Qf Creditors on the Rates and Taxes impofed by J??irs Crc4
the faid recited Aft- o,r this Aft, and who is, are, or fhall be a Proprietor; aitowed'ta
or Proprietors, Occupier or Occupiers, of any of the Fen Lands to be deduditbe
taxed by virtye of this Aft, fhall at any Time hereafter deduft or fet
off*
^thism o»i
or be allowed ex permitted by the faid Commifhoners to deduft or fet off of their
all or any Part of the Intereft payable to him, her, or themirefpeftively, Taxes*
as fuch Creditor ot Creditors'as aforefaid, out of or from ;any Sum or
Sums of Money which fhall 'be due from or payable by him, Eer^ or
them refpeftivefy, for fuch Rates arid Taxes, as fuch Proprietor or Pro-
prietors, Occupier or Occupiers as aforefaid ; but the Rates and Taxes
payable by him, her, or them, fhall from Time to Time be paid to the
Collector or Collectors, Receiver or Receivers of the faid CommiffionerSj
in;the fame ]\IaPrner as if fuc,h" Perfon or Perfpnji-'was or were in no Ways
interefted
as"
a Creditor pr Creditors.
LVI.. And he it further ,ejia.fted, That fuch Part or Parts of the faid Such Parted
Common Land bounded by Stake Lode South, Adventure LattdEaft, and L-end0mwan
ffiti%Qell[B.vme'N9rth, as under and by virtue of the faid former Aft, was vetted in tha
fet out to the..€amntiiiIionef$ thereby, appointed, and which is or are Comrmffion-^
pow heidand enjoy edby.them
in
Severalty, as therebydirefted,, fhall beheld nOVWfo
md enjoyed in Seyeraky j?y the Commifhoners hereby appointed, and be
v?.tt"d'"
fcaeir Succeffors, for eyer, for the Purpofes of this Aft. tione^'ofThis:
Aft.
L.YIL. And be.it further, enafted, That .the Jajd Corrittiifnonefs fhall,
Power to
let
and they are hereby authorized, at any Meeting to be holden by virtue Landt^d'the
of this Aft, to let to the belt Bidder or Bidders, fuch Part of the faid Herbageot
(pommo*1 Land as 'by virtue of .the faid Yecited. Aft became veiled in the B^k'>&Ci
CowniifliQaers thereby appointed, and as is hereby verted in the Com*
miffiojaers
i94+ 46° GE0RGI1 Iff.
Cap.
9$,
thinioners appointed by this A£, for any Teriti hot exceeding Three
Year's^'
at any one Time j iand alfo the Herbage and Paftur^ge of the
Banks, Common Drove'Ways, and Wafte Places,'lying^ within the1
Limits of this A£t (except of the Refidtre'
Of
thi? faid CdmmOn jliand) for
any Term riot exceeding Three Yeafs, fttch Banks to tte fed ifcith Sheep
dhlyj in fuch Lot or Lots, and at fuch Rent or Rents, aiid ep^tif fuch
Terms and Conditions, and under fuch"Rules'and Regtifatfoib,'M they
the faid Commiffioners Mil think proper; and thePer/on £r Perfon^
hiring
the"
fame f effectively (hall have the exclusive Ufe and 'Benefit
thereof refpeaively for fkti Term of Yeairs\ai Keorthey ihall^e the
fame, and the Rent Or Refits, Sum or Sums,'for which the fame ffiall
be refpedfively let as aforefai'd, 'fhall be paid to the Treafttfer, Receiver,
orCoNe&or to the faidC^mmiflioner's^and be applied for the famePCfrpofest
as the Rates5 and Taxes hereby'chargfidupori' the 'faid Fen Lands are diireQt.
and
to
reco-
ed to be applied; and in cafe the Perfon or Perfofts hiring fuch Commola
bvDiiUefs""
tarid
^'° efa^d; or' th£ Herbage and Pajturage/of .any'Arch Baiik),
Comrr^'TWe Ways, and- WaftiPlaces, or any Pah thereof refpei-
tfv'ely,?fb'atlV*omft, refufe, or negle£r. io:riay the'teent or'Renttf'a^fefed'by
hrm/fte^'or them r^lpeclively; to"'Be "gii fSf th'i farrier, "or. any Pare
ChefcoCon the l3ays arid Times anointed'for Payment
thereof,
a fha.it
and rfiay Be lawful for the^CofleOxfr or'Collectors of the faid CoromK-
fionerjb or any other Perfon or Perfbns w*hamfoever,'"'tiy"'YhTue of'any
Warrant or Precept under the Hands apd-Seals of any Fiv,e;or,moie?©£
the faidf tdnittiiirtoners (mrcH Warrant &'ff&^0j t^rotffiener^tsr
any
felve
oFmorg of them, aire hereby ^rA^xfeeaa^
to Tftnetrjigfaiit and .make, as Occafion tha^l re^ulri)*? |h^flinto alt*
upon any:^|(uagec#,Te^ment, Lands; 0/oujidk,•a&£"-'$i
ffteOfecfaparfn t>f"\df llcM Perfbnf."©r'ferWs,
«$&
to*
Wf thell&k
oivSunis OfNloney duVfr^ai or paysbll b^himy herybVlie^^ To%
ftent," by Dfftrefs 3df tne; Cat
tie,
Corn
|.H|,
G&o&i ^hkBl laaff
Effi^
w^icVsmalt or may
fee*
found
tttereohi*"of $f a^ffictertf^irf tfrtfiol
and-the* (&ttfe,'Corn, Hay,-GdodsJ
OmtM,
Wl.E$^sp$tictf•««
ftf diiPirM,;• tojmjk«lfl*W*eep; :afipraif£ fell, and tfi&ofe of,-fymi
Manner,' "and at fuch "piniesas aire htfmnliji^tiMeS%^W4bkd'i^M
tftig ihk
Mw>\iriBin&,
App4rferttent,
Sale*
fnd JJifpofition of the C&ttfej
Corn,' *t&jf Goods,^ifi**K' |if& We&s,. ^ hich (hall be diaralne*%t
R-ecoveif^df Ratis ^'rakrtf^rrekf; affihe Overpius of th?eMoii||3
arifing from any luc&fiiiftteft and
Sale"
(if
any1)
'after dfedaclingTBch R^'fif
or Rents, and the Cofts arid Expences attending fuch Diftrefs and Sale,
mail be plid"bn t)em*and to the^Ferfotf of'B6?fo,fls entitled *heWtb.
TV mow
LVHI. Andbe(4t further e^ll«d,lMttl^isA3€Qttin»^0«ersflialf,i«i
rt^fh^Lnk- ^ie^ arfe h€rel>y (,a«tboriz^dj to' tfaufirall ,tfe«-?^^ifi;ie^^rfi3i3'Weeds whi$&
^n le -in f, Q^jj a^;fe oj. grow uponor-iA afty Battk,=!&f, (k Wafte, wkhih t*(i
Limits of th^^Aft,-«r apon or ki any'Bffrtk; Drov«, or-Wafte/ thctew
immediately adjoiHi^gj'to be mowed,-cut'dtewn;-aud deflafoyed, as often
as lhail be neceffary, Aitd ihail and may make fuch Paynifents and Allow.?
a'wees ^'thaV-Pu'rpofe-"^tr4f
Hint
!&6ti&,
as they ibatl think
pfofef.
fewer to de- LIX. And be it farther enacted, That it tii»\l and
mlrf%^
lawful
ttroy Moles. ^n4^oT the fakt CommifTione'rs to d*ftroyV e to be 'deftroye^'iwl
fucl^lloles and other Vermin as (hall bo found in and about the faid F£n
Landa
46aGEORGII III.
Cap.
9$. i$4$
Stands, and alfo in and about the Lands and Banks adjoining or lying
near thereto, and for that Purpofe to employ fuch Perfon or Perfons at
fuch Wages or Salary as they the faid Commiffioners {hail think proper;
and it fhall and may be lawful to and for fuch Perfon or Perfons to enter
into and upon the faid Fen Lands, and the Lands and Banks adjoining
thereto, or any of them for that Purpofe.
LX. And be it further enafted, That it fhall not be iawful to or For Toiimitjwi
any Perfon or Perfons whomfoever to dig or caufe to be dug any Turf xfr?.n§°
upon or out of any of the faid Fen Lands (except for the Purpofes of
Fuel to be fpent in the Dwelling Houfes of the Occupiers thereof) unlefs,
he,
{he, or they fhall firft give Security, to be approved of by Five or
more of the faid Commiffioners, for the regular Payment of the Rates
and Taxes charged on the. Lands fo intended to be dug, for Twenty
Years after fuch digging, or fhall pay into the Hands of the Treafurer
for the Time being of the faid Commiffioners, fuch Sum of Money as
the faid Commiffioners fhall determine to be a fair Confederation for the
total Exoneration and Difcharge of the Lands fo intended to be dug foi
Turf,
from all Rates and Taxes to be impofed and charged thereon by
virtue of this Acl; and from and after fuch Confideration Money fhall'be
paid to the Treafurer for the Time being to the faid Commiffioners,
fuch Lands fhall be wholly freed, exonerated, and difcharged of and
from the Payment of any future Rates or Taxes to be impofed and
charged thereon by virtue of this AG, and of and from all Penalties for
Non-payment of the famej and if any Perfon or Perfons fhall dig, or
caufe to be dug any Turf in any of the faid Fen Lands (except for the
Purpofe aforefaid) jwithout firft giving fuch Security as .herein-before
directed for Payment of the faid Rates and Taxes, or without firft pay-
ing fuch Confideration Money for the Exoneration and Difcharge of the
faid Lands from fuch Rates and Taxes, then and in every fuch Cafe it
fhall be lawful for the faid Commiffioners, or any Perfon or Perfons au-
thorized by them, by Warrant under the Hands and Seals of any Five or
more of, them the faid Commiffioners, whether affembled at a Meeting
or not (which Warrant they the faid Commiffioners are hereby authorized
and directed to grant from Time to Time) to levy fuch Sum as the faid
Commiffioners fhall at any Meeting determine to be a fair Confideration
and Compenfation for fuch total Exoneration and Difcharge from the
faid Rates and Taxes, in rcfpecl of the Whole of the Land or Ground of
which any Part fhall be fo dug as aforefaid, by Diftrefs and Sale of the
Cattle, Corn, Hay, Goods, Chattels, and Effe&s of the Owner or Oc-
cupier of fuch Land or Ground, or of the Perfon or Perfons fo digging
the fame, wherever fuch Cattle, Corn,. Hay, Goods, Chattels, and
Effects, fhall be found, in the fame Manner as herein authorized and
directed for Recovery of the Rents of the Herbage aiid Pafturage of the
Banks, Common Drove Ways, and Watte Places within the Limits of
this A£t j and the Overplus of the Monies arifing from fuch Diftrefs and
Sale (if any) after deducting iuch Confideration or Compenfation Money,
and the Coils and Expences attending fuch Diftrefs and Sale, fhall be paid
on Demand to the Perfon of Perfons entitled thereto.
LXL And be k ena&ed, That if
any,
Perfon or Perfons fhallroakeor fb prevent
[Loc.
£s*
Per*j %i D within. th« Qm\*
£4#
Penalty on
negltciir.g to
keep Witches
and Tur.i.els
in Reaair,
and i o rode
Ditches.
46*
GEORGII IIL Cdp.g$.
VfithSn #le'Diftafice of Si#y Feet ffonv any Bank now made or hereafter
to b^rha'de by vJrtUe of this Actj evefy ilteh Perfon fc offending fhall for-
feic antf
pary;
for every fb^H'Gffeffc* any SUm riot exceeding the Sum"of
STxpehce ft>f every Foot iii length of fiich Dike or Ditch, and aifd any
Sum
rioTbfeeedihg
'Slxp&ici fir Foot fcf eVery Moftrh fuch Dike or Ditch
fha
1
remain Unfilled, after Notice given bythe Collector or other Officer
to the faid, Commiflioneif, to the Owner or Owners, Occupier or Qccu-
pierg BFlhfe Lands
on*
which th^farne'lteilFbe raad^ requiring ^e fame
tlfbe WM^p, y aha 'the fiffl 0dn^ffibiia«s iliall "f&ve full Pow r, and
they argftereby authorized, ir any Time; at thVCoftsaiid Charges of
fach Qw-ner or Owners* Oc^trpier of Oxcupierg, to'Mil up and level any
fueVDikr Ditch*
VKli Jfexdbe itTurtrief-enac'led', TfiaHf the^Ownef of Owners, Ocv
cupief-of 6fecirr^ers/%r &ry of the Fai^¥&n Laiids,; io which • any Dife^
Ditcny^'Ttmnel, !>&%Blrdfe,^ Tdnftel^ wfiatfbevef, leading to
any' MjlfBfain or Mi.H ;I)fairtsihade of maintained, or to be made of
maihta'rhecf by virtue of tlfe
¥ar^
refci&KI A8""or of this Afl:, for carry'ng*'
off the Wafers; doth,' dor orflri^ll bfcfcng} {hall neglecT: or refufe fu£»
ficiently to rode,; fedur-- cfekrife,' opeh^, Of'"repair the fame, or to make7
and'^fael any new,' properl arid (ufficient Tunnel or Tunrels on any
Part of
the
faid r?en LiihdS, of wfiieh Hf,flie^i Of they fh^il* be Owner of
Owners, Occupier or Occupiers a? aforeft^l,-^afteT One Calendar Months
Kotice, given( to him, her, or theta,'or !bft
^"his."'ftef,
or their lall of
irfuaFPlace of Abode for' that Purpofe tfyi the Cpfleclor of Collectors,
Receiver of Receiver?,1 of other Officer dfGffi&efSy for the Time being"
appointed
by"
virtue of this^ Aft, he,, file,Jor they Ihall for every fttcfr
NcglecTw Refufal forfeit and pay any Sum iiot exceeding One1 Shilling
nor lefs than Two-pence, for every Rod of. fuch Dike or Ditch' fo neg-
lected to be fcoured, cleanfed, opened, and repaired j and alfo any Sun*
not exceeding Sixpence nor lefs than One-Penny^ for every,Rod of fuch1
Dike or Ditch fo neglectefd to be roded
.;
and alfo any Sum not exceed^
ing Twenty Shillings nof lefs than Five Shillings, for every Tunnef fo*
neglected to be made, repaired, or opened as arorefaid ; and it fhall and
may be lawful to artd for the faid Collector or Collectors, Receiver of
Receivers, brother Officer or Officers^ to eaufe all fuch Dikes, Ditches,
and Tunnels, to be roded, opened, made, or repaired, as the Cafe may"
require \ and the faid Commiffioners, or any Three or more of them,"
whether afTembied at a Meeting or not, are hereby authorized and em-
powered by Warrant under their Hands and Seals, to cauf6 the faid re*
fpeclive Penalties, and the Cofts and Charges incurred in rodirtg, open-
ing, making, or repairing atty fach'Dikes, Ditches, and Tunnels, as die
Cafe may be, to be levied by Diftrefs and Sale of the Cattle, Corn, ffay,"
Goods, Chattels? and Effffts, of the Owner or Owners, Occupier or Oc-
cupiers, of fUcfrL'a'hds or Grounds'fo negfediug or refufirig-to dothtf
fame, wheftfoefer
rh4
fame fhalj be found, in the fame (Wanner as herein;
authorized and directed fof Recovery of the Rents of
the-
Herbage arid
Paftufage of the Banks, Common Drove Ways, and Wafte
Place*
afof'ei-
faid, rendering on Demand
the.
Overplus of the
Monies
^fifing from
nacTf*
Diftrefs and Sale (if any) after deducting fuch Penalties, Cqfts^ and Ex-
p'ences, and the Cofts and Expences attending fuch Diftfeft atfd'Sale-to
the Perfon or Perfons entitled thereto*
6 LXI-Hv And
46°GEORGII III. Cap. 95. 1947
LXfll. And be it further enafted, That if" any Perfon or Perfons mail ^jf'.*£i-
at anv Time make or caufe to be made any Watering Place or Places of t-ringPhces
Accefs for Cattle to drink in any of the publick Drains made or maintain-
»n
any
of the
ed, or to be made or maintained by virtue of the faid recited A<9t or of Drams.
this Aft, or mail continue to ufe any fuch Watering Place already made,
after Ten Days Notice in Writing to the contrary thereof given to him,
her, or them, by the Collector or Receiver, or any other Perfon oriPerr-
fons authorized by th> faid Commiffioners, every fuch. Perfon.-fp. offending
fhall forfeit and pay for every fuch Offence any Sum not exceeding the,
Sum of Forty Shillings, and the additional Sum of Forty Shillings for
ev ry Month lie or fhe fhall continue to ufe the fame ; and the faid Com-
tpiflionersj or any Five or more of them, are hereby authorized and em-
powered, by Warrant under their Hands and Seals, to caufe fuch Pe-
nalties fo be levied, by Diftrefs and Sale of the Cattle, Corn, Hay, Croods,
Chattels, and Effects, of the Occupier or Occupiers of the Lands and
Grounds in which any: fuch Watering Place (hail be fo made, or con-
tinued, as aforefaid,..>y.herefoever. the fame mall be found, in the fame
Mmner as herein authorized and directed for Recovery! of the Rents of
the Kerhaee and Pafturage of the Banks, Common Drove i_Ways, and
Waite Waces aforefaid, rendering on Demand the Overplus of the Mo-
nies arifing from
f.ich
Diftrefs and Sale (if any) after deducting fuch Pe-
lulcies, and the Cofts, Charges, and Expences attending fuch'Diftrefs and
Sale,
to the Perfon or Perfons entitled thereto.
LSIV And re it ena&ed, That no Houfe or Building ifhall be erected, penalty f»r
or an- Tr-e, Hedge or Holt planted, or any Stack of Hay, Fodder, "^^f^
•teed, I urf, or odier Obftructi n, fetor placed within Three hundred &c and°for
Yudi of any Mil ot Engine now erected, or which (hall be ere&ed or panting3"?
miploved fur draining the faid Fen Lands ; and if any Perfon or Perfons near any
ihali build or erect any Houfe or other Building, ot plant any Tree, Hedge, MiI1-
or
1
olt, or fet or p'ace any Stack or other Obftru&ion within fuch Difc
tance as aforefaid, every fuch Perfon fo offending mall forfeit and pay for
every fuch Houfe or Building, any Sum not exceeding Twenty Pounds;
for every Hedge or Holt, any Sum not exceeding five Pounds ; for every
Tree,
any Sum not exceeding Five Shillings ; and for every fuch Stack
or other Obstruction, any Sum not exceeding Forty Shillings ; and: it Commiffion.
fhall and may be lawful to and for the faid Commiffioners, by Warrant move'o'ti''*
under their Hands and Seals, to caufe every fuch Building, Stack, Tree, itructiohs.
Hedge, Holr, or other Obftrudtion, to be pulled down, taken up, and
removed, and the Cofts and Expences thereby incurred lhall be reimbur-
fed to the faid Commiffioners by the Per lb n or Perfons who fhall have
committed the Offence, and may, with the Penalties aforefaid,; be levied
and recovered by Diftrefs and Sale of the Goods, Chattels* and Effects of
the Offender or Offenders, wherefoever the fame fhall be found* in the
fame Manner as herein authorized and directed for Recovery of the
Rents of the Herbage and Pafturage of the Banks, Common Drove Ways,
and Wafte Places aforefaid ; and the Overplus arifing from any fuch Sale
or Sales (if any) after deducting fuch Cofts. Expences, and Penalties, and
the Cofts, Charges, and Expences, attending fuch Diftrefs- and Sale,
fhall be paid on Demand to the Perfon or Pericns entitled thereto ; arid Cowmiffion,.
it fhall and may be lawful to and for the faid Commiffioners, by Warrant ersmay n.
under their Hands and Seals, to caufe any Tree, Hedge, or Holt, which TieeV&V
fhall
194-8
growing
xvftliin Three
hundred
Yards, of t e
Spot where
any MHH* or
flnll be
erected, mak.
IIIJ;
Compen-
iatior.t
£uniftmeftt
ferlonn de-
/troying
Works.
Penalty o«
letting Netsk
or throwing
Ob'ftruceions
in. the
Qialns*
or
maliciouf-
ly damaging
Works.
46*
GEORGII llf. Cap.$i>
mail be growing within the faid Diftance of Three hundred Yards frdnl
the Place where any fuch Mill or Engine is now ftanding, or (hall be
creeled, to be cut down, the faid Commiffioners making fuch Compen-
fation to the Owner ot Owners of fuch laft-mentioned Tree, Hedge, or
Holt* as ihall be fair and reafonable, fuch Compenfation to be fettled and
-determined in cafe of Difference or Difpute about the fame, in fuch and
the like Manner as the Compenfation for Damages committed, by the faid-
Commiffioners in the Execution of this Act is herein directed to be fet.
tied and determined;
And be it further enacted, That all and every Perfon and Per-
rons!
who fhill at any Time or Times hereafter wilfully and malicioufly
cut*' throw down* mjufe,' damage, or deftroy any Bank, Engine, Bridge,
Floodgate, Tunnel* or Sluice, or any of the Works belonging thereto*
made and erected, W whie-h fhall be making and erecting for the drain-
ing or improving thb faid'Fen Lands, or any of them, under the Autho-
rity of the faid
former-
Act or of this Act, and ihall be thereof lawfully
convicted, fuch, Perfon or Perfons ihall be adjudged to be guilty of Fe-
lony;
and'
be tranfported for Seven Years, or be punilhed as the Law di-
rects in Cafes of Petit Larceny.
LXVI. And be it further enacted, That if
any
Perfbn or Perfons fhall
at any Time or Times hereafter fet down any Nets or Engines for the
catching of Fifh, in any of the Drains made or to be made within the
Boundaries of this Act, or wilfully or malicioufly throw any Earth, ot
other Obftructions, into any of fuch Drains ; or if any Perfon or Perfons
ihall at any Time hereafter wilfully or malicioufly ftop, dam up, fpoil, or
damage
any
Drain or Watercourfe already made, or which ihall hereafter
be making, made, or nied for draining the faid Fen-Lands, under and
bf the Authority of the faid recited Act or of this Act, then and in any1
©f-ttee&id Cafes all and every fuch Perfon andPerfoas fo offending, being
th beforb
Two or more of His Maj«%V Jufikes: of the
PeaceMf the
Mid,
County oi Norfolk (who are hereby authorized and re*
iqurred to hear and-determine the fame on the Oath of One or more cre-
dible Wit»efs or Witheffes, or on the Confeflion of the Party or Parties (o
oflfending) mall fo' every fuch Offence forfeit and pay any Sum of Money
ne*
exee^ng Forty Pounds fi'or lefs than Forty Shillings, as inch Jus-
tices ihall order ^nd direct.
Penalty for
fuffering
Ca't.'e,
Sv»ire, &c. to
ftray on or
injure Banks,
and for driv-
ing Wag-
gons,
&c.
-ttiereor..
LXVIL And be it further |naeted, That if any Perfon or Perfons fhall
wilfully ortnegligently fuffer hi«, her, or their Cattle, Stock, or Swine,
to ftray ujpen or to feed or reotiop the Soil, or otherwise damage any
B.vnkce Banks made er- ufed, or ;to be made or ufed under the Autho-
rity of fhe faid recited Actor of in^s Act; or if any Perfon or Perlohs
fhall fodder, or caufe or permit to be foddered, any of
his,
her, or their
Cattle or Stock, «p©n any of fuch Baafcor Banks j or fhall drive or caufe
to be driven any Waggon, Cart, or othfer Carriage, upon any fuch Bank
•ur-Bank's as aforefaid, fuch Perfon or Perfons fhall forfeit and pay for
every fuch Offence any Sum not exceeding Five Pounds nor lefs than
Forty
Shillings:
Provided
always,
that nothing herein contained fhall extend,
or be conftrued to extend, fo asto reftrain or prevent the Perfon or Perfon*
hiring
46rtGEORGIl III.
Cap.
9$. 194?
Whig any fuch Bank or. Banks of the faid Commiilioners, from feeding
the fame with Sheep and Lambs.
LXVI1I, And be it further enacted, That the Mafter and Owner of
Owner*
ac-
every Boat, Barge, Lighter, or other Vefifel, navigating Within the Limits
D^"™6
°r
of this Ad, or in any River or Drain adjoining thereto, fhall be, and he, donebyBoat-
fhe,
and they is and are hereby made anfwerable for any Trefpafs, Da- men*
mage, Spoil, or
Mifchief,
that fhall be done by fuch Boar, Barge, Lighter*
or other Veffel, cr by any of the Boatmen, Bargemen, Watermen, or
other Perfon orPerfons belonging to or employed in or about the fame
refpedively, to any of the Buildings, Bridges, Banks, Weirs, Locks,
Bafons, Dams, Mills, or other Works ereded, maintained, or repaired,
or ereding, or to be ereded, maintained, or repaired, by virtue of the
faid recited Ad or of this Ad, either by the loadingor unloading of any
Boat, Barge, Lighter, or other Veffel, or by any other Means whatfo-«
ever ; and the Mailer or Owner of any fuch Boat, Barge,. Lighter, or
other Veffel, fhall for every fuch Trefpafs, Damage, Spoil, or
Mifchief,
upon Convidion of any fuch Boatman, Bargeman, Waterman, or other
Perfon or Perfons, before any Juftice of the Peace for the faid County of
Norfolk, on the Oath of any credible Witnefs or Witneffes (which Oath
fuch Juftice is hereby authorized and required to adminifler) or on the
Confeffion of the Party or Parties offending, forfeit and pay to the Party
or Parties injured fuch Damages, Satisfadion, and Compenfatipn,; asmall
be afcertained, fixed, and determined by fuch Juftice, provided :that:no
fucK Damages, Satisfadion, or Compenfation, fhall exceed
the.
Sum of
Ten Pounds, and fhall alCo forfeit and pay to the Informer or Informers
any Sum not exceeding Forty Shillings,
-to-
be fettled and determined b(y
fuch Juftice ; but in cafe fuch Damages fhall exceed the Sum of Ten
Pounds, the faid Mafter or Owner of fuch Boat, Barge, Lighter, or
other Veffel, may. be fued and profecuted for fuch Damages, Satisfadion,
and Compenfation, in any. of His- Majefty's Courts of Record at Weft*
minfter -, and if a Verdid or Judgement fhall be given againft him or her,,
either on Proof made, or by Default, or upon Demurrer, the Plaintiff in
every fuch Cafe fhall recover his Damages thereby fuftained, with full
Cofts of Suit.
LX1X. Provided always, and be it enacted, That fuch Boatmen, Barge-
Matters
to-
wen, Watermen, and other Perfon or Perfdhs, and each aftjl every of !_ecover t>on*
therii, mill be likble to repay''-'fuch Damages,: Satisfaction, arid Gdrripen-
4ation, arid Penalty, To afcertained, fixed, arid. determined by fitch
Juf-
tice;
with the Cofts of levying "and recovering
thereof,
to fuch Mafter or
TViafters, Owner or Owners ; and in cafe of-JSTdn^payriient
thereof,
upon
Demand, and Oathimade by fuch Mafter or Mailers, Owner or Owners,
of the Payment indole by him, her, or them, of fuch Damages, Satis-
fadion, and Compenfation, or Penalty, ami.that the faihe, and the Cofts
thereof,
have or hath not been repaid to him, her, or them, by fuch
Servants, Boatmen; Bargemen* or Watermen, or any of them, although
demanded (fuch Oath to be made before any one.of His Majefty's Juf-
tices of the Peace) the Amount thereof fhall be recovered in like
Manner as any Penalty is hereby direded to be levied and reco-
vered, by Warrant under the Hand and Seal of any Juftice or Juf-
tices*
[Lot. &
Per.~]
aa E LXX. And
195©
Recovery
and Applica-
tion ot Pe-
nal
ties.
Form of
Conviction
bf Offenders.
46dOEORGII III.
Cap.
9$.
LXX. Ard be it further eria&ed, That all Penalties and For*
feitures by this A£t impofed (the Manner of levying and recovering
whereof is not herein-before particularly directed) and all Cofts and
Charges' attending the Recovery
thereof,
fhall be levied and recovered
by Diftrefs and Sale of the Cattle, Cotfo, Hay, Goods, Chatters, and
£ffec\s, of the Offender or Offeriders, wherefoevejr the fame mall be
found, by Warrant under the Hand and Seal or Hands and Seals of
One or more Juftice or Juftices of the Peace for the County, Di-
•vifiofi, Liberty, or Plac, wherein the Offence fhall have been com-
mitted, or the Offender or Offenders fhall be or refide, which War-
rant fuch Juftice or Juftices is and are hereby authorized and em-
powered'S* gratit as often as fliall be neceffary, uport the Corifeffioh
of the'Party, or ori the lrtfortnafion of arty credible Wifnefs uppK
OatH (which Oath fuch Juftice or Juftices is and are hereby empowered
to adrflirfifter) ; and in cafe no fufficient Diftrefs can be founds f&dt
juftice'
o*
Juftices flialfiffue a Warrant or Warrants under his or theif
Stand and Seal, or Hands and Seals, for the Apprefienfion offuch Offender
or Offenckrs, and fliall coiftmit fuch Offender or Offenders, when brought
before him or them, to the Common. Gaiol or Hdufe of Cor region for
the County, Divifiori;,
Liberty,
or Place, whefdrt fudh Offence fhall
havd been committed, tneife to^rehlkin, without BaSl or Matnprize, for
any Term riot exc63ding Sk Calendar Months^ at the $ifcretion of'fj&c'fi
laftlee of Jtiftkes j arid att Beaakfe* aitid Forfefturts
by* #5$;
Act impofed,
If; rf^iheriby othetwlfeSxKrdcliea to be paid and applied, fhall be paid
to the^ffeafWer for t«e Time! figingto trie faid Qbjrimiffibiiers, arid
applied' for the1 femd PWpofes as the Rates arid Taxes charged
tipWifre Mi Pea itaflds afe* by SfiiMeV dlrettetf id Be paid and ap>
lMfc*cAadi-*# ¥ i&tihW «&i, Ifoat 'fii atF CS$s wfteife &»¥
Per»n!.^Pe?ftnV ftetto^ ctofe#*icf ;of 's^jL^fm^'i^m'WfcJ&i
the',
€*>««&&» :inay vfe & trjft
1^5^.'
br tb M m0 MkM$£j
Commiffkn-
ers,
being
Juftices, may
acT:
as fuch in
tht Execu-
tion of this
Act.
Commiflion-
ers may ad-
mtnifter
Oaths.
tJE'il Remembered, ?}kt oti Ms
"° in the Year of oar Lord
$»•«*
of His Majefty's
of. having
the Cafe, ntpy he\ coatrajy t»
^.^W8tt«s ourHawk
xeat.Qm above written.
Ka^f%fejtf
m;
« .Md
Seals,
as ifo,C$..«fljrjfe] $e J?ayaM l?ea>*^:
W&J&.
aind/be;
k'.fafob «na$6J,cTliat fa
#1
€afes-wfie%eifttf(
rikdn^ |s,gttEaio a% Jttflfice or Juftides of the l%acehf this A^j
fhall be^Jawfal for fueh;|uHfceor juftltes1» adMiiftg? !a* 0a* Watft
Perform &rMs
01?
themmw* cemifl &*bttnft*idft ill Ae Matter then*&
-dependirtgi aad that any JttfBce c**fc#$e«& n%y &•»%& in the E*
eiHionLof:thfs A&,
riotwitHftaudiite
»fs
feeing
a €6tttrAifl«5aer j aM «
in all Cafes where any Parties* W^JMefiesj' of oflter'fetfefts, afe^olje
heard or examined by or before or in the Prefenc* of the fajd,€o»j
46°GEORGII III. Cap..g$. 195*
mlffioners, in any Matter or Thing (relating to this Aft, it fhall Be
lawful for any one of the faid Commiflloners to administer an Oath
to,
or take the Affirmation of fuch Parties, Witneflesj or Perfons : J*®^^
Provided always, that no Perfon /hall ad either as a Juftice of the erTnot
ib
act
Peace, or as a Commiffioner, in any Cafe where he (hall be perfonally
when
ime-
intereftedi
^ LXXIIi. And be it further enacted, That *ti all Actions, Profecu- f
Jjjj^6^
tions,
Informations* Caufes, and Proceedings whatfbever, relating to owners of'"8
nr concerning the Execution of this Act, no Perfon or Perfons fhall Taxable
be prevented from giving his, her, or their Evidence, of be deemed 'jetted.6
or taken to be an incompetent Witnefs or Witneffes on account of
he,
fhej or they being Owner or Owners, Occupier or Occupiers, or
other wife interefted in any Lands taxed, or to be taxed* by virtue of this
Act.
LXXIV. And be it further enacted, That if any Perfon or Perfons
ferfonssh*
(hall* upon his, her, or their Examination upon Oath before any Juftice
j"|ce
t„ be'*
or Jufbces of the Peace, or before the faid Commillioners, touching or deemed guilty
concerning any Matter or Thing relating to the Execution of this Act, Qf Ptrsury-
wilfully and corruptly give falfe Evidence, every, fuch Perfon fo offending*
^ad.being thereof duly convicted, fhall be and is hereby declared to be
fia&jsgt and liable to fuch, Pains, and Penalties as, by any Law in
form and effect> Perfons guilty of wilful and corrupt Perjury are fubject
and: liable to.
LXXV, And be it further enacted, That the faid Commiflloners may
^^ll'1'
and fhall, in all Cafes, fue and be fued in the Name of their Treafurer, fued in the
Clerk, Collector, or other Officer, and that no Action, Suit, or Infor- JJ*jJ!^cer*.
mation, which may be brought, commenced,
.
or filed, or Indictment
which may be preferred or profecuted by or againft the faid
Commif-
mifSoncrs, or any of them reflectively, by virtue or on Account of this
Act, in the Name.of.their Treafurer, Clerk, Collector, or other Officer
fhall abate or be discontinued by the Death or Removal of any fuch Trea-
furer* Clerk, iGolleGtor, or oi-her Officer, or by the Act of any fuch
Treafurer, Clerk, Collector, or other Officer, without the Content of
the:
faid CostmifJioners, but the Treafurer,. Clerk, Collector, or other
OjBpe,r for the Time .being to the faid CommifSomers, fhall always be
deemed
Plaintiff,
Profecutor, or Defendant in fuch A&ion, Suit, Infor-
mation, or Indi&msat, as the Cafe may he : Provided always, that jevery officers to to
fuch Treafurer, Clerk, Collector, or other Officer, in whole Name any reimburfed,
Action, Suit, Information, or Indictment, fhall be commenced, preferred, xpenctw
profecuted, or defended, in purfuance of this Aft, fhall always be reim-
$xtt*fed and paid out of the Monies to arife by virtue of this Aft, all fuch
^o/fts.
Charges, aad Expenees, as he fhall
be-
p.t»t;
to, or become char-
geable with, by reafon of his being made
Plaintiff,
Profecutor, or Defen-
dant ^herein,
L^XVI, A.nd be it ena&ed, That if any Pei*fon
®ir
•PerSdfis-
fnali- think Perf^m
ag-
&mfejf,
feerfelf,.
or fhemfelves aggrieved by any'Thing done in purfuance
f"6^"13/
£ -this A&, he, flse, or they may, within Four Calendar Months ne*t Quarter01 *
#ft$e the Caufe ©£ Complaint
Shall
have arifen, appeal to
ihk:
jMkm'&t s^*"™
th&
Peace at the General Quarter SefSons to be holden in and for the faid
County
*9S»
Proceedings
not to be
vacated for
Want of
Form, or re-
moved by
Gertiorari.
Diftrefles not
unlawful for
"Want of
Furm.,
46° G£ Oft Gil HI. C^.95.
Gounty of Norfolk, firft giving to the Perfon Or 'jterfons appealed
agamit,;or tofjbe Clerk to the faid Commffl&dners, in cafe the Appeal fijall
be
made'<
agaihft any Act. or Determination of the faid Commiflioners,
Ten Days Nodcein Writing of fuch Appeal, and of the Nature
thereof,
and within two1 Days after fuch Notice,' entering into a'Recognizance
before fome Juftice of thePeace for fuch County, with Two fufficient
Sure-
ties conditioned to try fuch Appeal, and abide the Order and Award of
the-faid'Court; thereon, tod the faid Juftices ftialli, upon due Proofof
foch Ksfee and Recognizance having been given and-entered: into,,hear
Bind dej^grtyHe the faid'Appeal at fuch General: Quarter Seffions, or if
they think proper, miay adjourn the Hearing th#re®f;.to' thek flexr General
Quarter $eflions of the Peace to be hodden for fuch County; and the faid
JufUcesj-ontthe hearirig!a»d''determk(tng.:of every fochVAppeal, may award
fuch QoftSito the Party appealing, or.-app^&ted againfti asthefaid'ijitfticfes
fball think proper, and (hall and may, at their Discretion, difcharge3»$
mitigate all or any of the Penalties or Forfeitures incurred by the Party or
Parties Appealing j and'
fine
DeVerrmn»tttwi'Of the f&idJbfrMs -in'lhMtid
GeneralX^BarterrS^flioftSi- or A^joowimerit thereof,rfi*alltbVfinal,' blhdJ
ing, *nd'eoncluftve',f;tojaBTrfleAts;Ads,P«Hfpofes whatfoevbr.
kX^VII.. And be'k iei?a&ede That ri^ ©rder^Yfcrr^, Rate, A#fc
meafi, Warrant, or Nodce«'of Diftrefs, lodgement* or Convic\ioii,N^
otheis. Proceeding, toueWrtgi'ori cfcecernwig!
laAy
bf-the Meters afor«f|W
er touching or concerning stay Offence agfuift this Ad, JhaH be cjMaflgal
or vacated for want of Form only, or be removed or removabk 4$
®&&
tiorari, or any other Writ or Procefs whatfoeveY, into atiy ofHisJMa-
jefty's £oort's of Record ^iW^ii^y'm.fili^oi Sla&tffe to^nson*
trary thereof inanywife aotwithftaialfhg,
LXMfiL-uAjidibei* further
6*sB&ad,
ffbmwhere gap Diflrefs (halt bg
madeuby iritWerScEtJMs ii€b, {he Dlfcse^ itfelf fliatt not W dteeme^l>\ki
hmf^h McdtetParty^or Partres4ak«hf ^^Hie#M0*»^l«m^d^'Treifpa|#^
T^«^ao%^uinT2Kcourttiofanyiwint ©£¥«fcitt'fci jfc#^tt«ntW^%a^WS
o£^ift^dl,*^i,• othep^Praaeadiftgs ^b^bif kh«i^rtet^a€4i'W**ifei^
Warr^lhalbte^d^vaUd^'^na effe$»al,'*a $fe$fid&ft& a4$*Puspl!>fes
whafc)Eae»Sr,iif:thefioiwmiftpa^rs i»a'PowertOin^A WafriM^fJWaV-
Plaintiff not
to recover"
withfliut
:iic-
tice,
or aftei
Tender of
Amends.
^esoi^tiiofeany Ir^^ityiwhidii-SttiSM be afterwards*
comrnit&d!
by the
Ifotty/:M$$%tes >diffi$im^ ±«tt tteuPsHoh
J&
PerfMiM|g*4eVe# by ibeh
im§Khfay$*M a^^asa^lficav'drSakfaalim^or thSs^^M^mig^pUi
j^kMp^JMdedaJwraya,'"Sliat mm&Mtff'ot Plaintiff Mreiove*
been glvfn to A« .Defendant or Defendants, Avowant or Ammtitipifa
left atJiW ner> or 'ttteic laft or ufual Place ©r Places of Abode Ten Days
;befcr<3h A&&& fta^."^fcommerfced, ©EiiSc^inlfetsJe&iMion/ %fl$4
by ^het?At1s ¥ Cft^e.^f ^
A&io*&»or,.fhaU th^Ptaimi'rTar Pfafetiffs recover
in
fiMii
Aclien if feAdet
oj£
fuffifljwnt Amendsdkall have beeamade to him^-he?, 'or ttie^* of^to
46°GEORGII III. Cap.g$. 1953
his,
her, or their Attorney, by of on Behalf of the Defendant or Defen-
dants,
Avowant or Avowants, before fuch Adion brought ; and in cafe
no fuch Tender fhall have been made, it fhall and niay be lawful to and
for the Defendant or Defendants, Avowant or Avowants, in any fuch
Adion, by Leave of the Court where fuch Adion fhall be brought, ac
any Time before IfTue joined, to pay into Court fuch Sum of Money as
he,
fhe, or they fhall think fit, whereupon fuch Proceedings, Order, and
Judgement, fhall be had, made, and given in and by fuch Court, as in
other A&ions where the Defendant is allowed tb pay Money into Court;
LXXX. And be it further enacted, That no Adion or Suit fhall be notation
commenced or profecuted againft any Perfon or Perfons for any Thing *>f Actions
done in purfuance or by virtue of this' Ad, after Si* Calendar Months
after the Fad committed ; and every fuch Adion or Suit fhall be laid or
brought in the faid County of Norfolk, and not elfewhere, and the De-
fendant or Defendants, in every fuch Adion and Suit fhall and may plead
the General IfTue, and if in Replevin, may juftify and avow by virtue of
this Ad, as Perfons ading by Authority of Commiffioners of Sewers are
enabled to do, and may give this Ad, and the Special Matter in Evi-
dence, without fpecially pleading the fame, otherwife than as aforefaid^
at any Trial to be had thereupon, and that the Fad alledged in fuch
Adion or Suit to have been done, was done in.purfuance and by the Au-
thority of this Ad ; and if upon the Trial of fucn Adion or Suit the fame
lhall appear to have been fo done, or that fuch Adion or Suit fhall have
been brought before the Expiration of Ten Days next after fuch Notice
fhall have been given as aforefaid, or fhall be brought after the Time be-
fore limited for bringing the fame, of after fufficient Satisfadion made
or tendered as aforefaid, or fhall be brought or laid in any other County
or Place than as aforefaid, then and in every of the faid Cafes the Jury
mail find for the Defendant or Defendants, Avowant or Avowants ; and
in all Cafes where a Verdid fhall be found for the Defendant or Defen-
dants,
Avowant or Avowants, in fuch Adion or Suit, or if the Plaintiff
or Plaintiffs fhall be nonfuited, or forbear Profecution, and discontinue
his,
her, or their Suit or Suits, Adion or Adions, after the Defendant
or Defendants, Avowant or Avowants, fhall have appeared thereto, or if
upon Demurrer Judgement fhall be given againft fuch Plaintiff or Plain-
tiffs,
then and in every of the faid Cafes the Defendant or Defendants,
Avowant or Avowants, fhall recover Treble Cofts, and fhall have fuch
and the like Remedy for the Recovery thereof as any Defendant or De-
fendants hath or have for recovering Cofts of Suit in any other Cafes 1*
Law, where Cofts by Law are awarded.
LXXXI. Provided always, and be it enaded, That this Ad, of any I'he&ighb
Thing herein contained, fhall not extend, or be eonftrued to extend, to ifefe^Corpo-
invalidate, lefleH, diminifh, alter, or take away any of the Rights, Powers, ration reitiv.
and Authorities, vefted in the Governor, Bailiffs, and Commonalty of ed*
the Company of Confervators of the Great Level of the Fens, called
Bed-
ford Level, or in the faid Governor, Bailiffs, and Confervators, by virtue"
of an Ad, paffed in the Fifteenth Year of the Reign of King Charles the
Second, intituled, An AB for fettling the Drainage of the Great Level of the
fins
called
Bedford Level, or by virtue of any other Ad or Statute what-
j'oever
; but that all Rights, Powers, and Authorities whatsoever, which
now are veiled in the faid Governor, Bailiffs, and Commonalty, or in
{Loc. y Per.] it F * the
I.9S*
4^q GEORGII III.
Cap.
93.
the faid Governor, Bailiffs, arid Confervatoi:s, and every or any of them,
(hall for ever hereafter remain, continue, and be in tbe,/faid Governor,
Bailiffs, and Commonalty, and in the laid Governor, Bailiffs, and Cor.-?
fervators, and every of them, as fully and amply, to all Intents and Pur.
pofes,
as if this Act had never been made,,
Saving LXXXIL Provided likewife, and be it enacted, That all fucfe/Right or
Ixnlsof Rights as are now veiled in any Lord or Lords, Lady or Ladies, of any
Manors. Hundreds, Liberties, or Manors, within his,het, or their re/pe&ive
Hundreds, Liberties, or Manors, within or without the faid Fen Lands
and Low Grounds, to Waifs, Eftray^ Felons Goods, Privileges; of Arr
reft, Efcheats, and ail Royalties not prejudicial to Draining, (hall be and
are hereby faved to them, their Heirs, Succefibrs, and Affigns ; any
Thing in this Act contained to the contrary thereof notwithftanding.
FuWkkAft. LXXXIII. And be it further ena£ted,T'hat this Act (hall be deemed and
taken to be a Publick A&> and ihall be judicially taken Notice of as fuch
by all Judges, Juftices, and others, witjiout being fpedally pleaded.
LONDON: Printed by GEORGE EYRE and ANDREW STRAHAN
Printers to the King's moft Excetteht Majefty. I§Q>
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