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Commissioners shall make Declaration, stating the Names of assenting Proprietors, &c.
Declaration to be printed, published, and deposited for public Inspection, &c.
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XXXIII. And be it enacted, That at or after the Meeting herein-after directed to be convened by the said Commissioners, and if then, or within such Period as shall have been limited and appointed by them as herein-before provided, the Proprietors of Two Thirds or more in Extent of the Land proposed to be drained or improved by Drainage shall have assented in Writing to the Execution of the proposed Works, the said Commissioners shall make and sign a Declaration, describing the Land proposed to be drained or improved, and declaring the then actual Value thereof, and the estimated Increase in such Value by means of the proposed Works and the Proportions with which such Land shall be chargeable towards the Costs of the proposed Works, such Proportions being fixed according to such actual Value and such estimated Increase as aforesaid, and also stating therein the Names, Additions, and Residences of the Proprietors who shall have assented to the Execution of the proposed Works, and the Land belonging to them respectively, and in respect of which they shall have so assented; and in such Declaration shall also be described the River (if any) the Navigation whereof is proposed to be made or improved and the Baronies, Half Baronies, or Townlands in the District likely to be benefited by the making or Improvement thereof, and the Proportions in which such Baronies, Half Baronies, and Townlands will be so benefited; and in all Cases wherein any Mill or Factory, or any Weir, Dam or other Work or Obstruction belonging to or connected with any Mill or Factory shall cause flooding, so as thereby to injure or prevent the Improvement of such Land as aforesaid, it shall be slated in such Declaration that such Mill or Factory, or such Weir, Dam, or other Work or Obstruction, as aforesaid, causes the flooding whereby such Injury is produced or Improvement prevented, and whether such Injury or Prevention of Improvement be to an Extent in Value or exceeding Three Times the Value of such Mill or Factory; and in case such Injury or Prevention of Improvement be to an Extent in Value less than Three Times the Value of such Mill or Factory, it shall be stated in such Declaration whether, in the Opinion of the Commissioners, the flooding of said Lands cannot be remedied without altering such Dam, Weir, Work, or Obstruction, or the Position or Level thereof, and also the Amount of the actual working Water Power of such Mill or Factory, also the Level of the Water at which the Amount of working Water Power theretofore enjoyed by such Mill or Factory can be secured; and such Declaration shall be printed, and Copies thereof deposited with the Clerk of the Peace, and (when it is proposed that any Navigation shall be made or improved by such Works) with the Secretary of the Grand Jury of each County in which the Land or River, or any Part thereof, proposed to be drained or improved by Drainage is situate, and also in such convenient Places as the said Commissioners shall think fit; and in all Cases where it is proposed to interfere with any Mill or Factory, or any Works or Appurtenance thereof as aforesaid, the said Commissioners shall deliver or cause to be delivered to the Owner or Occupier of any such Mill or Factory, or to his Clerk, Agent, or Servant superintending the same, a Copy or Duplicate of such Declaration as aforesaid, together with a written Description of such Part of the proposed Works as shall be intended to be executed at or in respect of such Mill or Factory, and all Persons may inspect and take Extracts of or Copies from such Declaration; and all Persons requiring Copies of or Extracts from such Declaration to be made by such Clerk of the Peace shall be entitled to the same on Payment of the Costs thereof, not exceeding Three Halfpence for every Seventy-two Words.
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