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Where the Weir, Dam, &c. of a Mill or Factory causes occasional flooding, the Commissioners shall have Power to construct Works for the Discharge of the surplus Water, &c.
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XXIX. And be it enacted, That in Cases where, from the damming up of any River or Stream by the Weir, Dam, or other Work or Obstruction of any Mill or Factory, occasional Damage may arise by the overflowing of such River or Stream, it shall be lawful for the said Commissioners to construct any Reservoir, Embankment, Tunnel, or Back Drain, and to erect any Floodgates, Sluices, Over-falls or other Works, and to make any Alterations in the Dams, Weirs, Works, Obstructions, or Watercourses connected with such Mills or Factories, which shall be necessary to prevent the ill Consequences of sudden or occasional Floods in such River or Stream, and to provide for the more safe and easy Discharge of surplus Water therefrom, but always so that the Supply of Water sufficient for securing the Amount of working Water Power theretofore enjoyed by any such Mill or Factory shall not be thereby lessened; and the Level of the Water at which such Amount of working Water Power shall be secured shall be previously inquired into and ascertained by the said Commissioners; and all Persons interested in such Mill or Factory, or in any Land to be drained as aforesaid shall be at liberty to object to the Level which shall be so ascertained, either at the Meeting herein-before directed to be held, or at any Meeting to be called by the said Commissioners for such Purpose; and the said Commissioners shall hear and decide upon all such Objections, and declare what such Level shall be, and shall state the same in the Declaration herein-after directed to be made by the said Commissioners; and the said Commissioners, in case they shall so interfere with any such Mill or Factory shall also cause a Stone Cill or Gauge to be erected at some one Floodgate, Sluice, or other convenient Position connected with such Mill or Factory, on which shall be marked, in clear and legible Figures or letters, the due and proper Level of Water ascertained and declared as aforesaid.
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