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Where the Weir, Dam, &c. of a Mill or Factory by flooding causes Injury, &c. all necessary Alterations may be made therein, if the Water Power be not lessened thereby.
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XXX. And be it enacted, That if any Weir, Dam, or other Work or Obstruction connected with any Mill or Factory shall cause the flooding of any Lands included in any District in which this Act shall be brought into operation, situate near the Stream or River flowing to or over such Weir, Dam, or other Work or Obstruction, so as thereby to injure such Lands, or prevent their Improvement, and if such flooding cannot, in the Opinion of said Commissioners, be otherwise remedied or prevented, it shall be lawful for the said Commissioners, so far as shall be necessary for remedying or preventing such flooding and Injury, or such Impediment to the Improvement of such Lands as aforesaid, to alter any such Dam, Weir, Works or Obstruction, or the Position or Level thereof, and to raise or lower or alter any Water Wheel or any Machinery immediately attached thereto, and the Levels of the Head and Fall of any Water to such Mill or Factory: Provided always, that in all Cases where any such raising, lowering, or Alterations as aforesaid shall be effected, the Amount of working Water Power of such Mill or Factory or Water Wheel shall not be in anywise lessened thereby, and that all such additional Wheels, Fittings, Buildings, Machinery, Sluices, Cuts, Dams, Gates, and all other such Works and Things as shall be suited to such raising, lowering, Modification, and Alteration respectively, or necessary or proper and sufficient for the due, convenient, and permanent working of such Mill or Factory, with such full Amount of working Water Power, shall be made, provided, erected, fitted, and placed by such Commissioners in a workmanlike Manner, and with proper and durable Materials, and that such Commissioners and the Trustees to be appointed as herein-after mentioned shall (save as herein-after provided) from Time to Time and at all Times uphold, maintain, and keep in repair all such additional Slucies Cuts, Dams, Gates, and other Works as shall be so made, provided erected, or placed, or as shall be necessary or proper and sufficient for the Purposes aforesaid; and that the Expence of so making, providing, erecting, fitting, placing, and (save as herein-after provided) of maintaining, repairing, and upholding the same, shall be raised, levied, and defrayed out of the Funds and Rates which shall be provided or imposed in relation to any Lands in such District under the Provisions of this Act: Provided also, that nothing in this Act contained shall be deemed or construed to create or confer any Right to any Water in respect to any Mill or Factory to which the Owner or Occupier would not have been entitled if this Act had not been passed.
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