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Where Reservoirs or Embankments may be made for maintaining a constant Supply of Water to Mills or Factories, Commissioners may make same, &c.
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XLIV And be it enacted, That for the Purpose of maintaining a constant Supply of Water for Mills or Factories on any River or Stream, or preventing sudden Floods therein, it shall be lawful for the said Commissioners, with the Assent of the Proprietors of such Mills or Factories, the Value of the working Water Power of which shall be equal to Two Thirds of the Value of the working Water Power of the Mills or Factories which shall be then existing on such River or Stream, and affected by the maintaining of such constant Supply of Water, to make Reservoirs or Embankments, and to impose a Tax or Rate on the whole of the Mills and Factories along said River or Stream which shall be benefited thereby, or on such new Mills or Mill Sites as shall or may be formed thereon and benefited thereby, for the Purpose of defraying the Costs of making and maintaining such Reservoirs or Embankments, in the Proportion of the Benefit conferred, such Benefit to be calculated by the said Commissioners upon each Foot or Fall of Water which shall appertain to each such Mill or Factory; and the said Commissioners shall have such and the like Power and Authority to recover the Amount of Rate which shall be so fixed and determined by them as are by this Act given to them for the Recovery of any other Rate or Charge imposed hereby; and it shall be lawful for the said Commissioners to borrow Money, for the Purpose of making such Reservoirs or Embankments as last aforesaid, upon the Security of the Taxes or Rates which they are hereby empowered to impose on the such Mills or Factories as aforesaid: Provided always, that it shall not be lawful for the said Commissioners to make any such Reservoir or Embankment, or to take away, injure, or prejudicially affect any Land or Lands for the Purpose last aforesaid, without the Consent for that Purpose first had and obtained in writing of all Persons having any Estate or Interest in such Lands greater than a Term of Seven Years then unexpired: Provided also. that in each Cases before any such Reservoir or Embankment as last aforesaid shall be made, all the preliminary Measures and Proceedings herein-before required to be taken or observed previous to the Publication of such final Notice as aforesaid, in Cases where Drainage, or Improvement by Drainage, is proposed to be effected, or such of them as shall be applicable, with like Right of Appeal, shall be duly taken and observed, and a final Notice, stating that all the Requisitions of this Act with respect to such Reservoirs or Embankments have been duly complied with, published and posted in such Manner as the final Notice herein-before mentioned, which shall be in like Manner binding and conclusive on all Persons; and thereupon all the Provisions, Powers, and Authorities in this Act contained or given shall and may be used and exercised for making and maintaining such Reservoir or Embankment, or for any other Matter or Thing relating thereto.
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