| Chap. 88. |
Sewers.
And not tax him only whose grounds lie next adjoyning to the River,
&c.
For, Qui sentit commodum, sentire debet & onus. |
221 |
Co. 5. 100.
Co. 9. 124.
1.
Co. 10.
139. |
Note, that in all cases of taxing or rating by these
Commissioners, it
ought to be proportionable and according to the quality, and yearly
value
of the Lands, Tenements, Rents, Commons, and Fishings of the Persons
chargeable, and not according to the quantity or content thereof. |
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And the yearly value shall be accounted as the Lands,
&c. are of their
own nature, without respect to the bettering or impairing thereof by the
good or bad Husbandry of the owners or occupiers thereof (as it seemeth)
See Co. L. 171, & 179. to such purpose. |
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Co. 5. 108.
& 10. 139,
140. |
Again, if the owner of any Land be found by prescription,
or otherwise,
to repair the Bank of a River, Wall, or Sewer, &c. he ought to
do it;
yet if he not be able to repair it, or that there be other inevitable necessity,
or that there was no default in the party, but that the Banks, or
Wall, &c. are broken or overflown by tempest or unusual overflowing
of
waters, or the like, (which be the acts and handy work of God, and
which no providence or industry of him that is bound to the reparations,
could prevent.) In these cases the Commissioners ought not to charge
him,
only, with the whole, but may, and in good discretion ought, to charge
and tax all such as have any Lands (or other profits) there, in danger,
or
subject to loss, according to their Lands, &c. |
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But when one is bound by prescription, or otherwise,
to repair a Bank,
or wall, &c. if there be any default in him, and the danger not inevitable,
but that he alone may well repair it, the Commissioners may there charge
him only to repair this: And if by his default the danger become
inevitable,
or that by his default he alone is not able to repair it, whereby others
are charged as aforesaid, every of them may have the Action of the
Case against, him, &c. and shall recover their damages according to
their
loss. |
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Co. 10.
130. |
Also, where a Man hath any Lands lying between the
Sea, the River of
Thames, or any other River, and his neighbours Grounds, and is bound
by prescription, or otherwise, to make or keep certain Banks, or to
scour
certain Ditches or Sewers, between his said neighbour and the said River
or
Sea, and doth not make, keep, amend, and scour the same, as he ought
to do, by reason whereof his neighbours Grounds are drowned, the party
so damaged shall have his Action of the Case against the other so making
default, &c. See F. N. B. 93. g & 7 H.
4. 8, & 41. |
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Co. 10.
139, &
143. |
Also, these Taxations ought to be particular, sc.
upon every several owner
or occupier of Lands, Tenements, Rents, Commons, and Fishings, &c.
And not to be a general sum in gross upon a whole Town. See more
hereafter,
tit. Stock of the Shire. |
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See Master Sergeant Callis reading upon the
Statute of 23 Hen. 8. of
Sewers. |
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