Sedgmoor Drainage Act 1698

XI.

Particular Commissioners named in respect of the said Manor; To meet, and by Examination of Witnesses upon Oath, determine whether the Manor will receive Benefit by the opening the said Passage, or by making new Cuts, &c. and if so, then how the said Manor is to berated; if not, to give such Judgment under their Hands and Seals; such Determination final, and to be delivered to the general Commissioners, who are to send the same to be recorded, and to observe the same; Proportional Levy where Commissioners of opinion that Part of Manor only will be benefited.

And whereas it is doubtfull whether the said Mannor or any Part thereof can or will have or receive any Benefit or Advantage from or by the opening or cleansing the said Passage Watercourse or Draine from Henly Corner to Rowings Lake aforesaid or by any new Cut or Cuts Draine or Draines to be made below or Westward of Henly Corner aforesaid Be it therefore further enacted by the Authority aforesaid That Sir John Trevilian of Nettlecombe Baronet, Edward Berkeley of Pull Esquire Nathaniel Napier of Grange Esquire William Helliar of Coker Esquire Thomas Chafe of Westhall Esquire William Harben of Newton Esquire John Abbington of Compton Esquire Gerrard Newcourt of Iveythorn Esquire and Nicholas Hardy of Woolcombe Esquire shall be and are hereby appointed to be Commissioners and are fully impowered and authorized to meet and assemble themselves within Twenty Daies after such time as the Commissioners impowered for the Generall Execution of this Act or any sufficient Number of them shall have made Rates and Assessments of or upon the Mannors Parishes Places Lands and Tenements lyable thereunto by virtue of this Act for the opening or cleansing the said Passage Watercourse or Draine last mentioned or for the makeing any New Cut or Cuts Draine or Draines to be made below or Westward of Henly Corner aforesaid and the said last named Commissioners or the major part of them shall by the examination of Witnesses upon their Oaths (which Oaths they are hereby impowered to administer) and by such other lawfull Waies and Meanes as they shall judge proper adjudge and determine whether the said Mannor or any part thereof can or will in their judgments have or receive any Benefit or Advantage by the opening or cleansing the said last mentioned Passage Watercourse or Draine or by makeing any new Cut or Cuts Drain or Drains below or Westward of the same and if they shall adjudge that the said Mannor or any Part thereof will not be thereby benefitted and advantaged then the said Commissioners or the major Part of them shall set downe in Writing under their Hands and Seales such their Judgment and Determination and if the said Commissioners or the major part of them shall adjudge and determine that the said Mannor or any part thereof will be thereby benefitted and advantaged then they shall by such Examination Waies and Meanes as aforesaid adjudge and determine whether all the said Mannor or what part or parts thereof will have or receive any Benefit or Advantage thereby and in what degree and shall adjudge and determine how much or what Part or Proportion the said Mannor or any Part thereof (which shall have Benefit as aforesaid) shall beare or be charged with in Proportion to such Sums of Money as other Mannors Parishes Lands Tenements and Hereditaments shall be rated and assessed by the Commissioners in this Act named for the Execution thereof or any Seaven or more of them and shall set down in Writing under their Hands and Seales such their Judgment and Determination and all and every such their Judgments and Determinations shall be final and shall be sent and delivered to the said Commissioners for the generall Execution of this Act at their next Meeting who shall send the same to the next generall Quarter Sessions there to remain of Record and the said Generall Commissioners are required and hereby enjoyned to observe the same by totally forbearing in any sort to Tax Rate or Charge the said Mannor or any Part thereof with any Sum or Sums of Money whatsoever by virtue of this Act or to put in Execution any Power or Authority of this Act on any Person or Persons whatsoever for or by reason of his or their Interest or Estate in the said Mannor or in any part thereof in case the Judgment and Determination of the said last appointed Commissioners shall be that the said Mannor or any Part thereof will not receive any Benefit or Advantage by the opening cleansing or makeing the Passages Watercourses or Drains last mentioned and in case the said Mannor or any Part thereof shall be so adjudged to receive Benefit thereby then by levying only such Sum and Sums of Money as the last mentionedX1 Commissioners or the major part of them shall so adjudge and determine and no more which the said Generall Commissioners shall have Power to levy by such Waies and Meanes as are herein before appointed for the levying other Rates and Assessments

Editorial Information

X1 This is Cap. XXVI. in the Common printed Editions.