Page:Ruffhead - The Statutes at Large - vol 2.djvu/202

 164 c. 5. Anno vicefimo tertio Henrici VIII. A. D. 1531, The Form of the Commiflion of Sewers. The feveral Caufes ofaward- ing theCommif- lion of Sewers. What Things theCommiffion- ers of Sewers are authorized to do. 33 Co. 36. Inquiry bywhofe Defaults the Annoyances come. Affeffing the Perfon to be con- tributory to the Charge. 30C0. 139, 141. a BuLftr. 199-. Cv. Jac. 336. Appointing cf Bailiffs, Col- lectors, Survey- ors, and other inferior Officers. Diftraining for the Arrearages of the Money affeft. Taking of La- bourers, Work- men, and Car- riages, Timber 3mi other Ne- cetfaries. To make Sta- tutes and Ordi- nances. ordained, eftablifhed, and enacted, That CommifTions of Sewers, and other the PremifTes, fhall be directed in all Parts within this Realm from time to time, where and when Need fhall require, according to the Manner, Form, Tenor, and Effect hereafter earning, to fuch fubftantial and indifferent Perfons as fhall be" named by the Lord Chancellor and Lord Treafurer of England, and the Two Chief Juftices for the time being, or by Three of them, whereof the Lord Chancellor to be One. ' II. Henry the Eighth, &c. Know ye, That forafmuch as the Walls, Ditches, Banks, Gutters, Sewers, Gotes, Calcies, Bridges, Streams, and other Defences, by the Coafts of the Sea, and marifh Ground, lying and being within the Limits of A. B. or C. in the County or Counties of or in the Borders or Confines of the fame, by Rage of the Sea, flowing and reflowing, and by Mean of the Trenches of frefh Waters defcending, and having Courfe by divers Ways to the Sea, be fo dirupt, la- cerate, and broken ; (z) and alfo trie common Paffages for Ships, Balangers, and Boats, in the Rivers, Streams, and other Floods, within the Limits of A. B. or C. in the County or Counties of or in the Borders or Confines of the fame, by Mean of fetting up, ejecting, and making of Streams, Mills, Bridges, Ponds, Fifh-garths, Milldams, Locks, Hebbing-wears, Hecks, and Flood-gates, or other like Lets, Im- pediments, or Annoyances, be letted and interrupted, fo that great and ineftimable Damage, for Default of Reparation of the faid Walls, Ditches, Banks, Fences, Sewers, Gotes, Gutters, Calcies, Bridges,, and Streams; (3) and alfo by Mean of fetting up, creeling, making, and enlarging of the faid Fifh- garths, Mill-dams, Locks, Hebbing-wears, Hecks, Flood-gates, and other like Annoyances, in Times paft hath happened, and yet is to be feared, that far greater Hurt, Lofs, and Damage is like to enfue, unlets that fpeedy Remedy be provided in that Behalf. ' III. We therefore, for that by Reafon of our Dignity, and Prerogative Royal, we be bound to pro- vide for the Safety and Prefervation of our Realm of England, willing that fpeedy Remedy be had in the Premifles, have afHgned you, and Six of you, of the which we will that A. B. and C. fhall be Three, to. be our Juftices, to furvey the faid Walls, Streams, Ditches, Banks, Gutters, Sewers, Gotes, Calcies, Bridges, Trenches, Mills, Mill-dams, Flood-gates, Ponds, Locks, Hebbing-wears, and other Impedi- ments, Lets, and Annoyances aforefaid, and the fame caufe to be made, corrected, repaired,, amended,, put down, or reformed, as Cafe fhall require, after your Wifdoms and Difcretions ; (z) and therein: as well to ordain and do after the Form, Tenor, and Effect of all and fmgular the Statutes and Ordinances; made before the Firft Day of March, in the Three and twentieth Year of our Reign, touching the Pre- mifTes, or any of them, as alfo to enquire by the Oaths of the honeft and lawful Men of the faid Shire or Shires, Place or Places where fuch Defaults or Annoyances be, as well within the Liberties as with- out (by whom the Truth may the rather be known) through whofe Default the faid Hurts and Da- mages have happened, and who hath or holdeth any Lands or Tenements, or Common of Pafture, or Profit of Fifhing, or hath or may have any Hurt, Lofs, or Difadvantage by any Manner of Means in the faid Places, as well near to the faid Dangers, Lets, and Impediments, as inhabiting or dwelling there- abouts, by the faid Walls, Ditches, Banks, Gutters, Gotes, Sewers, Trenches,, and other the faid Im- pediments and Annoyances ; (3) and all thofe Perfons, and every of them, to tax, affefs, charge-, dif- train, and punifh, as well within the Metes, Limits, and Bounds of old Time accuftomed, or otherwife, or elfewhere within our Realm of England, after the Quantity of their Lands, Tenements, and Rents,, by the Number of Acres and Perches, after the Rate of every Perfon's Portion, Tenure, or Profit, or after the Quantity of their Common of Pafture, or Profit of Pifhing, or other Commodities there, by. fuch Ways and Means, and in fuch Manner and Form as to you, or Six of you, whereof the faid A. B- and C. to be Three, fhall feem moft convenient to be ordained and done for Redrefs and Reformation to be had in the PremifTes ; (4) and alfo to reform, repair, and amend the faid Walls, Ditches, Banks,. Gutters, Sewers, Gotes, Calcies, Bridges, Streams, and other the PremifTes, in all Places needful ; and the fame, as often, and where Need fhall be, to make new, and to cleanfe and purge the Trenches, Sew- ers, and Ditches, in all Places neceffavy ; (5) and further to reform, amend, proftrate, and overthrow all. fuch Mills, Streams, Ponds, Locks, Fifh-garths, Hebbing-wears, and other Impediments, and Annoy- ances aforefaid, as fhall be found by Inquifition, or by your furveying and Difcretions to be exceiTive or hurt- ful ; (6) and alfo to depute and affign, diligent, faithful, and true Keepers, Bailiffs, Surveyors, Collec- tors, Expenditors, and other Minifters, and Officers, for the Safety, Coniervation, Reparation, Refor- mation, and making of the PremifTes, and every of them, and to hear the Account of the Collectors, and other Minifters of and for the Receipt, and laying out of the Money that fhall be levied and paid in, and about the making, reforming, repairing, and amending of the faid Walls, Ditches, Banks, Gutters,. Gotes, Sewers, Calcies, Bridges, Streams, Trenches, MiTls, Ponds, Locks, Fifh-garths, Fiood-gates, and other Impediments and Annoyances aforefaid ; (7) and to diftrain for the Arrearages of every fuch. Collection, Tax, and Affefs, as often as fhall be expedient, or otherwife to punifh the Debtors and De- tainers of the fame, by Fines, Amerciaments, Pains, or other like Means after your good Difcretions ; (S) and alfo to arreft and take as many Carts, Horfes, Oxen, Beafts, and other Inftruments neceffary, and as many Workmen and Labourers as for the faid Works and Reparations fhall fuffice, paying for the fame competent Wages, Salary, and Siipend in that Behalf; (9) and alfo take fuch and as many Trees, Woods, Underwoods, and Timber, and other NeceiTaries, as for the fame Works and Repara- tions fhall be fufficient, at a reafonable Price, by you, or Six of you, of the which we will that A. B. and C. fhall be Three, to be affeffed or limited, as well within the Limits and Bounds aforefaid, as in. any other Place within the faid County or Counties near unto the faid Places ; (10) and to make and ordain Statutes, Ordinances, and Provifions from time to time, as the Cafe fhall require, for the Safeguard, Coniervation, Redrefs, Correction, and Reformation of the Premifles, and of every of them, Marfh, and the Parts lying to the fame, neceffary and behooful, after the Laws and Cuftoms of Rumney I in the County of Kent, or otherwife by any Ways or Means after your own Wifdoms and Difcret (11) and to hear and determine all and fmgular the Premifles, as well at our Suit, as at the Suit of any 3 ' ether ions;