Sedgmoor Drainage Act 1698

II. Commissioners, before they cut Lands, &c. to compound with Owners; and in default of such Composition, Commissioners may determine Amount of Damage sustained.

Persons, upon Notice, refusing, &c. to treat with Commissioners; Commissioners may issue Warrant to Sheriff to impannel Jury; Proviso for Challenge; Jury to assess Damage and Recompence, and Commissioners to give Judgements thereon; The said Verdict and Judgement, and the Recompence assessed, to be declared by a Meeting of Seven or more Commissioners, of which Notice is to be given, and shall then be binding; Decrees, &c. under Hand and Seal of Commissioners, and recorded in General Sessions; The same, and Copies to be Evidence; upon Payment or Tender, and Refusal by Proprietors, then upon Payment of Money assessed to Receiver of the Borough of Bridgewater, Commissioners may proceed; Indemnified by this Act.

And be it further enacted That before the said Commissioners their Agents or Workmen or any of them shall cut any Lands or Grounds whatsoever for the Purposes aforesaid that the said Commissioners or Seaven or more of them or some Person or Persons from or under them shall (if they can effect the same) compound and agree with the Owner or Owners of such Land or Ground for such and so much thereof as shall be adjudged necessary or convenient for the Purposes aforesaid and upon such Composition and giveing Satisfaction for the same to take such Conveyances and Assurances thereof as shall be conceived and advised necessary But in default of such Composition or Agreement it is further enacted by the Authority aforesaid That the said Commissioners or any Seaven or more of them shall be and are hereby authorized and impowered and hereby have full Power and Authority to mediate with the Owners and Occupiers of such Lands or Grounds as shall be intended to be made use of for the Purposes aforesaid and who shall or may sustaine any Loss or Damage thereby and to settle and proportion what Satisfaction every such Person or Persons Bodies Politick or Corporate or Collegiate shall have in respect of the Loss or Damage to be by him her or them received or sustained by the cutting or overflowing with Water by reason of such cutting or otherwise damnifying or abating the Value Profit or Advantage of his her or their Lands or Grounds and to settle what Proportion or Share each Person shall have for his her or their Interest Loss or Damage And if there shall be any Person or Persons Bodies Politick or Corporate or Collegiate who upon convenient Notice to them given or left in Writing at the Dwelling-House or Place of Aboad of such Person or Persons or of the Head Officer or Officers of such Bodies Politick Corporate or Collegiate or of some Tenant or Occupier of such House Land or Tenement of such Person or Persons or Bodies Politick upon or near the said Moor of such Act or Thing intended to be done by the said Commissioners or their Assignes shall by the space of Twenty Daies after such Notice given or left as aforesaid neglect to treat or that having begun to treat shall refuse to agree as aforesaid touching the same or through any Disability by Nonage Coverture Special Taile or other Impediment cannot agree as aforesaid That in such case the said Commissioners or any Seaven or more of them are hereby authorized to issue out a Warrant or Warrants to the Sheriff of the County of Somerset thereby commanding him to impannell and returne a Jury before the said Commissioners or any Seaven or more of them at such time and place as they shall thereby appoint who is hereby required to impannell and returne a Jury before the said Commissioners or any Seaven or more of them accordingly to which Jury at the Returne of the said Precept and Appearance of the said Jury all Parties are to have their legall Challenges which Jury upon their Oaths to be administred by the said Commissioners (which Oath as alsoe Oaths to such Person or Persons as shall be examined before such Commissioners the said Commissioners or any Seaven or more of them are hereby impowered to administer) shall by Examination of Witnesses and view of the Place in Question when the same shall by the Commissioners then present be thought necessary and by other proper Waies and Meanes inquire and assess such Damages and Recompences for the same as they shall think fit to be awarded to the Owners and Occupiers of any such Lands or Ground as shall be used for or damnified by makeing the said Cuts Brooks or Roynes for their respective Estates or Interests therein or such Loss or Damage as they may thereby or by having their Lands overflowed with Water as aforesaid sustaine And the said Commissioners or any Seaven or more of them shall give Judgement for such Sums so to be assessed by such Juries and shall by Examination of Witnesses upon Oath and by all other lawfull Waies and Meanes examine heare and determine all and all manner of Debates Controversies and Questions which shall happen and arise betwixt any Persons whatsoever touching or concerning any Matter or Thing relating to the aforesaid Premisses or any Part thereof which said Verdict Judgement and other Sentence Decree and Determination set downe declared and pronounced by the said Commissioners or any Seaven or more of them and the Price and Recompence so to be agreed and assessed (Notice in Writing being first given of such their Meeting) wherein any such Verdict Judgment and other Sentence Decree and Determination shall be set downe declared and pronounced at least Twenty Daies before declaring the Time and Place of their Meeting to every Person concerned or being left in Writing at the Dwelling House of such Parties concerned or at his her or their usual Place of Abode or with some Tenant or Occupier of some Land or Tenement of such Parties near the said Moor in case such Parties cannot otherwise be found out to be served with such Notice) shall be binding to all Intents and Purposes against the said Parties their Heires Executors Administrators and Assignes and all others claiming any Title or Interest in the said Lands or Ground in Possession Reversion Remainder or otherwise as well Infants Feme Coverts as others which Orders Sentences and Decrees so made shall be set downe in Writing under the Hands and Seales of the said Commissioners or any Seaven or more of them the same to be kept amongst the Records and Writings of the Generall Sessions of the Peace for the said County of Somerset by the Clerk of the Peace for the time being of the said County and to be esteemed judged and looked upon to be of Record to all Intents and Purposes All which and true Copies thereof shall be taken adjudged and deemed a good and sufficient Evidence and Proof in any Court of Law or Equity whatsoever And that upon Payment of such Sum or Sums so agreed on or assessed to the Parties concerned or if upon Tender thereof at the Dwelling House or Place of Abode of such Person or Persons or of the said Officer or Officers of such Body or Bodies Politick Corporate or Collegiate or at the House of some Tenant or Occupier of some Lands or Tenements of such Parties near the said Moor he she or they shall refuse or not be ready to receive the same that then upon Payment of such Sum into the Hands of the Receiver of the Rents Issues and Profits of the said Borough of Bridgewater for the Use of such Person or Persons It shall then and not before be lawfull to and for the said Commissioners and their Assignes their Heires and Successors and their Workmen and Servants to make or cause to be made the said Cuts Brooks or Roynes or to do any such other Act in relation thereunto for which any Agreement or Order shall be made as aforesaid and this Act shall be sufficient to indempnifie the said Commissioners and their Assignes their Heires and Successors and all Persons authorized by them against such Owners and Occupiers their Heires Executors Administrators and Assignes Provided no Commissioner or Commissioners shall sit or act in any Case wherein he or they shall be any waies interested or concerned as to the said Lands that shall be then in question