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Sewers.
The Inconveniencies which insue by these Nusances,
and especially
by the new levying, or inhancing or Wears, Mills, Stanks, Fish-garths,
Locks, Stakes, Kidles and Flood-gates, are these, scilicet, The
common
passage of Ships and Boats in the great Rivers; as also Meadows,
Pastures, and Arable Grounds adjoyning to the Rivers, be greatly disturbed,
drowned, wasted and destroyed, many people perished, and the
young Fry of Fish destroyed. See 1 H. 4. c. 12.
4 H. 4. c. 11. & 12. E.
4. c. 7. See tit. Wears. |
Chap. 88. |
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The Form of the Commission of Sewers; the Authority
of the Commissioners,
as also the Form of their Oath, you may see at large in the
Statute 23 H. 8. c. 5. & P. 2. 4. |
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| §. 4. |
' Every Commissioner shall, before he execute that
Office, before persons
' authorised by ded' potestat', or before the Justice of Peace in
their
' Quarter Sessions, take this Oath.
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YOU shall swear, That you, to your cunning, wit
and power, shall/
truly and indifferently execute the Authority to you given by this
Commission of Sewers, without any favor, affection, corruption, dread or
malice to be born to any manner of person or persons. And as the
case shall
require, you shall consent and indeavour your self, for your part to the
best
of your knowledge and power, to the making of such wholesome, just, equal
and indifferent Laws and Ordinances, as shall be made and devised by the
most discreet and indifferent number of your Fellows, being in Commission
with you, for the due Redress, Reformation and Amendment of all and every
such things as are contained and specified in the said Commission.
And
the same Laws and Ordinances to your cunning, wit and power, cause to be
put in due execution, without favor, meed, dread, malice or affection.
As
God you help, and all Saints. 23 H. 8. 5.
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' And shall also, as it seemeth, receive the Sacrament,
and take the
' Oaths prescribed by 1 El. 1 & 3 Jac. 4. And make
the Declaration
' prescribed by 25 Car. 2. which you shall find hic. c. 4. |
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§. 5.
Power. |
Note, That the King by the Common Law, may award
his Commission
of Sewers, for the amending of the Sea-banks, and for the repairing,
amending and scouring of other Banks, Sewers, Gutters, Ditches,
Pits and Trenches, so as the Fresh-waters may have their direct course,
F. N. B. 113. a. And see there the Form of that Commission,
and the
proceedings thereupon. |
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These Commissioners cannot make any new great River,
neither can
they make new Inventions (as artificial Mills to cast out the Waters,
or such like) but such new Rivers, and new Inventions (if they be fore
the publick good) ought to be made by Parliament: And yet the making
new of an ancient Bank or a Sewer in a place more fit, and with some
little alteration and distance, and upon necessity, seemeth to be warrantable. |
Co. 10.
141. |
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These Commissioners cannot cast down any Mills,
Causeys or Stanks, &c.
erected before the time of Edward the First, but only may cause
them to
be abated, if they be raised above their ancient heights, Co. 10.
138. |
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§. 6.
Tax. |
These Commissioners ought to tax none towards these
reparations, &c.
but such as have prejudice or loss by the Nusances or Defaults, and which
have benefit by the amending or removing of them, Co. 10. 142.
See the
Statute and Form of the Commission, 6 H. 6. c. 5. |
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Also these Commissioner ought to tax all that be
in danger to be indamaged
by the not repairing, &c. (and that according to their Land, &c.) |
Co. 5. 100.
Co. 10.
143. |
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