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William III, 1698: An Act for opening the ancient and makeing any New Roynes and Water Courses in and neare Sedgmore in the County of Somerset for rendring the said Moor more healthfull and profitable to the Inhabitants. [Chapter XV. Rot. Parl. 10 Gul. III. p. 3. n. 6.]

Pages 518-522

Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.

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In this section

(fn. 1) Reasons for passing this Act.

Appointment of Commissioners for executing Act; Notice of their Meeting to be given; Power to Commissioners and their Agents to drain, &c. the said Moor, whether the Ground of the King or of any other Person; to remove Impediments, set up Sluices, &c.

Whereas the Health of the Inhabitants near Kings Sedgmore in the County of Somerset is very much prejudiced by the continuance of great Flouds on the same and the long and almost continuall lying of the Water thereupon occasioned partly by the filling up of an ancient Passage or Water. Course from a certaine Place called The Rowing Lake under Penwood on the Northside of the said Sedgmore which ought to run through Grandonbridge into the River Parrett running by a certaine Place called Down End and alsoe by reason the present Roynes and Water Courses are not sufficient to draine the same much Land and Ground is damnified thereby which if the same were drained would turne to the greater Health of the said Inhabitants and Convenience and Profit of those that have right of Common in the said Moor therefore for the effecting (as much as may be) the said good Ends and the continuance thereof the said Inhabitants do most humbly beseech Your Majesty that it may be enacted and be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by Authority of the same That for the Purposes aforesaid the Justices of the Peace the Commissioners of Sewers the Mayor and [the (fn. 2) ] Two Aldermen of the Borough of Bridgewater in the said County for the time being and all Lords of Mannors having Right of Common on the said Moor and Marshall Bridges and William Bridges of Weston Gentlemen shall be and are hereby constituted and appointed Commissioners for putting this Act in Execution and that they do from time to time and at all times hereafter meet and assemble at the Guildhall of the Borough of Bridgewater aforesaid (Ten Daies Notice being first given of their Meeting from time to time by Warrant under the Hands and Seales of any Three or more of them and by Publication thereof in open Market at the City of Wells Townes of Axbridge Glaston Somerton Taunton and Bridgewater and to. Twenty or more of the said Commissioners in Writing under the Hand of the Clerke attending the said Commission at such times as they shall appoint and to them shall seeme convenient and that the said Commissioners or any Seaven or more of them and all Agents and Workmen by them imployed shall have full Power and Authority by virtue of this Act upon the Terms and by the Meanes in this Act prescribed to draine or cause to be drained the said Moor and to open scower and cleanse all such Cuts Roynes Passages or Trenches as now are or hereafter shall be made and to cut new or larger Brooks Roynes or Trenches for the more easie Passage of the said Water in upon or through the. Land or Ground of the said Moor or the Land or Ground adjoyning thereunto as they shall. think fit and necessary for the better carrying on and effecting the said Undertaking of Draining the said Moor and Lands near the same whether the same be the Ground or Soyle of the Kings Majesty His Heires and Successors or any other Person or Persons Bodies Politick or Corporate or Collegiate and to remove and take away all Trees Roots or other Impediments whatsoever which may obstruct or hinder the same and to erect set up and place all such Pens Sluces and Floodgates as to the said Commissioners shall seeme necessary to prevent or hinder the Flux of the Tides into any of the said Cutts Brooks Roynes or Passages.

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

III. Seven Commissioners may assess Parishes and Places adjacent, for the Purposes aforesaid.

And it is also hereby further enacted That for the raising such Sum or Sums of Money wherewith to defray the Charges of draining the said Moor and for the cutting new or larger Brooks Roynes Passages or Trenches and opening the Watercourse now filled up and obstructed as aforesaid and satisfying all Persons such Sums of Money as shall be agreed or adjudged to be given and paid to them for the Loss or Damage by them respectively sustained as aforesaid and all other Incident Costs Charges and Expences about the same it shall and may be lawfull for the said Commissioners or any Seaven or more of them to assesse and rate all such Persons Places and Parishes adjacent to and immediately receiving or to receive any Benefit by the said Cut to be made from the Rowing Lake to the River of Perrat or by the new or larger Brooks Roynes Passages or Trenches to be cut and made as aforesaid

IV. Seven Commissioners may assess, by a yearly Pound Rate, Persons claiming to have Right of Common upon the said Moor.

Seven Commissioners may appoint Collectors, &c. who may levy by Distress, in Default of Payment; Appeal from Rate to Commissioners, which Three who signed may determine.

And be it further enacted That for keeping and preserving all the Cuts Brooks and Roynes which now are or by virtue of this Act shall be made in the said Moor open and clean from time to time for ever hereafter It shall and may be lawfull for the said Commissioners or any Seaven or more of them from time to time yearely as there shall be Need and Occasion to assesse and to rate by an equall Pound Rate confirmed by the said Commissioners or any Seaven or more of them under their Hands and Seales all and every such Person and Persons Bodies Politick and Corporate or Collegiate who have and claime to have Right in or Common upon or Benefit by the said Moor and no others for and in respect of such their Right Common or Benefit not exceeding Two Pence in the Pound in any one Yeare and by Warrant from the said Commissioners or any Seaven or more of them under their Hands and Seales to appoint such and so many Collectors and Receivers as to them shall seeme meet and convenient and by like Warrant to impower the said Collectors or Receivers respectively to levy the said Rates and Assessments by distresse of the Goods or Chattells of such Person or Persons who shall refuse to pay the same and in default of Payment within Ten Daies by Sale of the same rendring the Overplus to the Party so refusing after all necessary Charges deducted for such Distresse and keeping such Goods or Chattells and in case any Person or Persons shall find him her or themselves agrieved by such Rate and Assessment it shall and may be lawfull for such Person or Persons within Six Daies after such Rate or Assessment demanded to appeale to the said Commissioners or any Three or more of them who signed the said Rate or Warrant who are and have hereby Power upon Examination and due Consideration of what shall be urged or objected in relation thereunto to abate or lessen the same as to them shall seeme convenient

V. Seven Commissioners may make Rules for the Use and Enjoyment of the said Moor.

and may set Penalties upon Offenders; Such Rules, &c. to be under Hand and Seal, and recorded in General Sessions; The same, and true Copies thereof, to be Evidence; Limitation of Appeal to Justices of Assize; whose Orders are to be recorded at Sessions.

And for the better and more orderly useing of the said Moor and the Commons thereof and commoning thereupon Be it further enacted by the Authority aforesaid That the said Commissioners for the time being or any Seaven or more of them shall from time to time have full Power and Authority to make Rules Orders and Constitutions for the Good and orderly Usage and Enjoyment of the said Moor and the Commons thereof and commoning thereupon and to set lay and execute such reasonable Pains and Penalties upon the Breakers of the same to be levied and recovered by such reasonable Waies and Meanes as to them in their discretion shall seeme meet and reasonable which said Orders and Constitutions being put in Writing under the Hands and Seales of the said Commissioners or any Seaven or more of them shall be binding to and be observed and performed by all Parties concerned in the said Orders and Constitutions to be kept amongst the Records 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 in manner as aforesaid all which and true Copies thereof shall be taken adjudged and deemed good and sufficient Evidence and Proof in any Court of Record whatsoever neverthelesse the Justice or Justices of Assize for the said County of Somerset for the time being upon Complaint to him or them respectively made by any Person or Persons agrieved by any such Orders Constitutions Pains or Penalties or any of them at the Assizes next after he she or they shall be agrieved thereby shall and may respectively abridge moderate alter or reforme the same as such Justice or Justices of Assize shall see cause such Orders to be under his or their respective Hands and Seales and to be kept amongst the Records of the Sessions as aforesaid

VI. Commissioners to have Power to survey Cuts, Royns, &c. and to order the amending, &c. the same; the same not subject to Commissioners, or Commission of Sewers.

And be it further enacted That the said Commissioners as aforesaid or so many of them as have Power to act as aforesaid shall for the better cleansing of the said Cuts Brooks and Roynes and removing all Impediments and Annoyances in the same have the sole Rule Power and Authority to survey the said Cuts Brooks and Roynes and all the Banks thereof and all the Floodgates and other things upon the same and to make like Process to enquire thereof and to make such Orders and Decrees for altering amending abating or removing the same and for keeping the said Cuts Brooks and Roynes open as any Commissioners of Sewers by any Law Statute or Commission of Sewers are enabled to do in any Rivers or Places whatsoever and shall not be under the Survey or Orders of any Commissioners of Sewers nor subject to a Commission of Sewers or any Laws or Statutes made for Sewers Any Law or Statute to the contrary in any wise notwithstanding

VII. Commissioners, or their Agents, not to enter or use the Lands of Persons for the Purposes of this Act, until they have made or tendered Satisfaction; except for Survey, &c.

Provided alwaies That this Act or any thing contained herein shall not impower or be construed to impower the Commissioners as aforesaid their Agents or Workmen or any of them to enter into or to take use or meddle with any Lands or Ground of any Person or Persons whatsoever for or in order to the makeing or repairing or using the said Cuts Brooks Roynes or Passages for the said Water untill they have made Satisfaction for the same or otherwise duly tendred the same according to the true Intent Direction and Meaning hereof except to survey make or lay out the Ground or other Matter or Thing they intend to use for the purposes aforesaid or some of them and to shew the same to the Jury or Juries to be impannelled for the Purposes before set forth which it shall [and may (fn. 3) ] be lawfull for them at convenient time and times to do.

VIII. In Actions for executing Act,

General Issue may be pleaded; Full Costs.

And be it further enacted by the Authority aforesaid That if any Action Bill Plaint or Suit upon the Case Trespass Battery or other Action whatsoever shall be brought against any Commissioner or Commissioners or any Persons authorized [by this present Act or against any Person or Persons authorized (fn. 3) ] by from or under them or any of them for or concerning any Matter Cause or Thing by them or any of them done by virtue of or in pursuance of the Authority committed to him or them by this present Act or the Authority thereof and all others that in their Aid or Assistance or by their Commandment shall do any thing touching or concerning his or their Office or Offices it shall and may be lawfull to and for them and every of them to plead the Generall Issue that they are not guilty (except in case of Replevin and in case of Replevin to plead non cepit or to that effect) and to give such Speciall Matters in Evidence to the Jury which shall try the same which speciall Matters being pleaded had been good and sufficient Matter in Law to have discharged the said Defendant or Defendants of the Trespass or other Matters laid to his her or their Charge and that if the Verdict shall passe with the Defendant or Defendants in any such Action or Actions or the Plaintiff or Plaintiffs become Nonsuit or suffer any Discontinuance thereof that in every such Case the Justice or Justices or other Judge before whom the said matter shall be tryed shall by force and virtue of this Act allow unto the Defendant or Defendants his or their full Costs which he or they shall have sustained by reason of his or their wrongfull Vexation in Defence of the said Action or Suite for which the said Defendant or Defendants shall have their Remedy as in other Cases where Costs by Law are given to Defendants.

IX. Accounts of Monies paid and received, to be entered in Books, and Vouchers brought to Quarter Sessions.

Such Accounts, being allowed, to be recorded; and Copies transmitted to Churchwardens of adjoining Parishes.

And be it further enacted by the Authority aforesaid That a true and perfect Account of all Expences Costs and Charges to be disbursed by the said Commissioners or any of them or by their Order and Direction and of all Money by them or any of them or by any other by their Appointment to be received for the purposes aforesaid shall be duly kept and entred in a Book or Books to be made for that purpose and the Vouchers for the same shall be brought before the Justices of the Peace for the County aforesaid at their Generall Quarter Sessions of the Peace to be held for the said County next and immediately ensueing the Feast of Saint John the Baptist Yearely and every Yeare which Accounts being by them first examined stated corrected and allowed at their Quarter Sessions as aforesaid shall be kept and remaine amongst the Records of the Peace for the said County and true Copies thereof to be made and transmitted to the severall Churchwardens of the respective Parishes adjoyning to and having right of Common in and upon the said Moor to be viewed and inspected at all seasonable times by any Person or Persons who shall have just Reason or Cause to demand the same

X.

Proviso for Manor of Compton Dundo.

( (fn. 4) ) And whereas the Mannor of Compton Dundo in the said County of Somerset belonging to Thomas Strange ways Esquire and his Heires is scituate at or near the East end of the said Moor called Sedgmore and is so remote from the Passage Watercourse or Draine from Rowing Lake to the River Perrat aforesaid by this Act intended to be opened and cleansed and from all Cuts Drains and Roynes which shall or may be made westward of the Rowing Lake aforesaid that the said Mannor or any part thereof cannot receive any Benefit or Advantage thereby Be it therefore enacted by the Authority aforesaid That nothing herein contained shall extend or be construed to extend to the said Mannor of Compton Dundo whereby to charge or subject the same or any Part or Parcell thereof to or with the Payment of any Rate or Assessment or to any Judgment Sentence Decree or Determination to be made by the Authority of this Act for touching or concerning the opening or cleansing the said Passage Watercourse or Draine or for the makeing any New Cut or Cuts Draine or Draines above Westward of the same.

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 mentioned (fn. 1) 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.

XII. Proviso for rating the said Manor, in case of a general Assessment.

Provided neverthelesse That it shall and may be lawfull to and for such Person and Persons as shall by virtue of this Act have Power to make any Rates or Assessments for any of the Purposes herein mentioned of or upon any other Mannors Parishes Lands or Tenements at any time or times hereafter when there shall be occasion for a generall Assessment to rate and assesse the said Mannor of Compton Dundo (if all the said Mannor shall be so adjudged to have Benefit) or such Part or Parts thereof as shall be so adjudged to have Benefit for and with the Payment of any Sum or Sums of Money which shall bear the like Proportion to the Rates and Assessments then to be made of and upon the other Mannors Parishes Lands and Tenements as the Rates and Assessments first made for the opening or cleansing the said Passage Water-Course or Drain last mentioned or for the makeing such New Cut or Cuts Drain or Drains below or Westward of Henly Corner aforesaid shall beare to the Sum so to be adjudged by the said last named Commissioners to be paid for the said Mannor of Compton Dundo or for any Part or Parts thereof and with no greater or other Sum or Sums of Money whatsoever.

XIII. The Decoy Pond in the said Manor not subject to the General Commissioners.

Provided also That the said Commissioners appointed for the general Execution of this Act shall not have any Power or Authority by virtue of this Act to make or execute any Order Judgment or Decree any Waies touching or concerning the Decoy-Pond with its Appurtenances within the said Mannor but that the same shall be wholly exempted and excluded from their Power and Authority Any thing in this Act to the contrary thereof in any wise notwithstanding.

XIV. General Saving for the Crown and others.

Saveing to the Kings most Excellent Majesty His Heires and Successors and [to (fn. 5) ] all and every other Person and Persons and their Heires now claiming from or under His Majesty or any of His Majesties Royall Predecessors and to the Executors of the late Lord Viscount Banning deceased and to such Person and Persons for whom they are interested and to all Bodies Politick and Corporate their Heirs and Successors all such Right Title Interest Claim and Demand whatsoever as they or either of them are intituled unto or had either in Law or Equity of into or out of the said Premisses or any Part thereof [before the passing of this present Act (fn. 5) ] Any thing herein contained to the contrary thereof in any wise notwithstanding.

XV. Proviso for Lord Weymouth, and Copyholders, &c. of the Manor of Walton, who claim Common of Vicinage in Sedgmore.

Provided alwaies and it is hereby declared That neither this Act nor any thing therein contained shall extend be deemed or construed to extend to impower or authorize any of the Commissioners thereby appointed to impose assesse or gather any Sum or Sums of Money upon or from Thomas Lord Viscount Weymouth or any the Copyholders Lease Holders or Tenants of the Mannor of Walton who claime only Common of Vicinage in Sedgmore for or towards the making widening repairing or keeping in repair any of the Trenches Cuts or Drains by this Act appointed to be made widened or repaired Any thing therein contained to the contrary thereof in any wise notwithstanding.

Footnotes

  • 1. This is Cap. XXVI. in the Common printed Editions.
  • 2. interlined on the Roll.
  • 3. interlined on the Roll.
  • 4. The following Clauses are annexed to the Original Act in Three separate Schedules.
  • 5. interlined on the Roll.