Bedford Level (South Level) Drainage Act 1806

JurisdictionUK Non-devolved
Citation1806 c. xcv
Year1806
ANNO QLTA0RAGESIMO SEXTO
GEORGtl III. REGIS.
An A& for m6re effe&ually draining diid pfefenrtrig
certain Fen Lands lying in the *SW^ Level, Part
of the Great Level -of the Fens called Bedford
Level, between Brandon River and Sams's Cut
Drains [ 3d July
18o6.
J
HERE AS an Ad was paffed in the Thirtieth Year of the Reign 30S. a. c.
35.
of His late Majefty King Gesrge the Second, for draining and
preferving certain Fen Lands -lying-in the South Level, Part of
the Great Level of the Fens, commonly called Bedford Level, between
Brandon River and Sam's Cut Drain, and for empowering the Governor,
Bailiffs, and Commonalty of the Company of Confervators of the fa id
Great Level, to fell certain Lands within the faid Limits, commonly called
Jnnwjied
Lands, whereby certain Commiffioners were appointed for drain-
ing and preferving the Lands therein mentioned and defcrii'ed, and the
faid Fen Lands,.and all and every thr,refpe&ive 0*n?r and Owners, Oc-
cupier and Occupiers
thereof,
were thereby affeiTed, rated, taxed, and
charge^ with the. yearly Sum cf One Shilling for evey Acre of the faid
Fen Lands, fo long as any Money which fhould have been borrowed for
thePurpo'es of che faia Aft, or the Imereft ther.of fhould n main unpaid,
and that when there fhould be no fuchi Debt remaining, it fhould be law-
ful
{QT
th,e faid Commiffioners to affefs, rate, tax, and charge the iaid
[pic. &Per.l %iU Fca
W
tgi 8
Former A&
repealed.
4.6ftGEORGII lift
Gap.
9$.
Fen LanVLs, afoTall and evej^y the refpse£Uve Owner or
Owners,
Cfccupier.
or Occupiers
thereof,
with fuch yearly Sura, not ejceediag; One Shilling
fir Acte, as they mould jitdge nece#ar.y,' for o«n^6^!^^t»d maintaining
the faid Works
-t
and Power was thereby given to the UpM CorriininVners
to borrow any Sum f^Sug^r-of ^ng^hey (hould^tJMnk neceffafy, not
exceeding fe^eWll^pfie Sum^Ifd^thoufa^J^nd&j^filiJ to affign
amoun J)Sn§gf ]jfe^^^!»i*wBpC«aL
3B|WS1
jand
fifty-two Pianos or^ftwwe^bouts, upon the Security of the fatd 'Rat$ and
Taxes, wnfch ftifi regain?" due and owing on the Credit
thereof,
as-flfb
a confidence Arrej&f bflgtereft
oil
.many of the faid Stuns ;;arj[df $»4f
have a'H? inoiWred^yelaQipebts
whic!if«l4^s *re
iio,«V
«S%^» 4^a$8%. and, in $heit pirfifrnt State "are„in-
adeqt|j|p# drain theVtd'feal^masf And x»hereas_the kates and Tgjr.es
ftgH^epair the preTdnVWot$$ ofurainage, and the faid Com mlffioners
are uifiabk, under iheit^^mi Powers, to'raife a competent Fund to
difchajfcge the feveral
f)
contracted by then* as afor<3fcud, and to re.
?»»*--» ™M*fm*k**^±W*tet^'tM**m>>'iri
ft*'-
rfte
Prefetifation of the mid flea
Jbands,
it is ne^Tary they flio^kl be em-
pewei^tolrfcife further Sttrnsfortfee few a! f^)«|i&$ Sttbrcfoid, and Tor
making any new or additional Worlds, wM^hmay be found reqtiifae,r.fpr
the more efedual Drainage and l>|ftrf^5& of the faid Fen Land's; And
whereas the Powers given by tnViajtrv&cf, aie in many
•-
Inftanees 4*»
'Act would be repeated, and. lurmer and other Powers .granted ini.ead
HtfA^am;* VSSM>qik*f m^ikwmt ®m ^'Ad:
Advfeeaifrd Cwnftnt of the Lotds Spiritual iwd Temporal,; and ComTtoons,
*hlis ^rlt¥arterienTW^b^m^b> tnffollity ^t;
jpfrt&on'^w^ftfee tie paffing of thi* A& the faid recited ftft"Ml be,
and the fame is hereoy repealed
5
and inftead thereof this A£fc fhall take

&

#fi4^e P1? m-U^pim^jfq^\m^T^cfft&mWy: drSifitig aidJfe-
.fe^vingjle^sn Land?jt» that^r/o^f thg faidG&at Let& of Ihe Eens
m^l
t%,f%.
.i§ptdk
JLmel* igfaftx«Q& b&'agjn. the fcverai Parfflies of
Mm
fm&a ?n$ sm&W*ifa,lbfi famjMMtfilh coniammg Seven
$pu^nd( 4cfesor:ithereaho^f«s,^biph $*P"fcands.areboun'dettras follbsfrsj
iftfaat is
(OJ-J$,}9
fro»itbe j^^^ftkx^J^AJs &/'zt!rJabout Two Fb>.
.
jjjnj;
to firandtn C^k'^ ^»;a;ad?taiLthence along the'North'Bapite^f
Brandon
River, to TtyTwelttg J#tf#i)r#i»aibrefaid»
SfSSfc*' -J1*- And b? ?t further ena^ed, XMt the Lord or Lords, ladyi^fca.
cation of dies for the Time being, of the Chief Manor tfFelti&H, iad'^Mi1^
OaminiJEn,
J vera|
4&°
GEORGII III. C^.95. 1919-
*et&1
ftftanors
t>lF
Metbwoid on the Part of Lanttfter\
WootihalffXA
fflgay
and
Soutbery
in the faid County of
Norfolk,
or in, their Abfence, ^hevr fer
yeral and refpeclive Deputies appointed by Writiog under their Hajids:;
fc PerfbiA t.6 be appointed by Writing under the Hands of the Truftees foj?
the Tiare being of
PeltWeil
Charity School Lands^ or the major Part df
ttrtf*r, aha dvefy Peiton Who (hill for the Time being be Owner of Thirty
-iyttes-(Statute ^eafirre) of the'Fen Lands liable to b;e taxed by virtue of
ShfeAiS,
fh'alfbe, and he, (he, and they is and are hereby apipQiritedCorn-
^i^drfers for purtiag thist in Execution.
lit' And be it further ena&ed, That evel-y Perfon who for the Tlrpe Power to
feeing 1hali;fee5^^fened or poffefled of at leaft One hundred Acres *&,^£**
^Statute Meafurc)of the faid Fen Lands, fubje£t to
be
taxed by virtue of miffioners,
thfe Act, may, and every ftrch Perfon is hereby authorized and empower^
lo appoint,
by"
Writing under
his,
her, or their Hand or Handsi dn Agerft
to 'be a C^rnrnfffibner for executing this Aft
;.
and ill and every Perfoft.
Md/Perforis fovappoinced mail, during the Pleafure of the Perfon cr Per.
foni.by whom he or they H be lb appointedi and during the Time that
fcHe'Peifdn $r>PeWons fo appointing lhali be fa feifecl or poffeffedjtfffuch
XSfoe hundred Acres at the Ifeaft of
the*
faid Fen Lands as afbrefaid, !jte and
lie 'and/feey vis and ate ctjkreby appointed a Gcttnnviffioner and fcpm-
thiflrbhers far carrying this :A« info Executibn/ aWd' (hall have the
llike Powers and Authorities as if filch Perfon bVPprfous fo 'appointed
-was or'-wererfeifed or poffefled bf Thirty AcresJStetute Meafuref 8f the JJJ^"^
Yaid Fen Lands: Provided a'lwarys, that-nb Perfon fo appointed fhall oe Principal
capable of afting as Comrniffioner in the Execution cf this Act at any prtjfcift.
Meeting -whilft the Perfon by whom he fhail be'fo appointed fhall be pre-
*<> additional
fent j and that no Perfon fo appointed (hall becapable of acting as a Com-
«
toact for"
tniffioner under the Appointment of more than One fuch Owner at any0^ tK?"
m-. * * One Pm&rie*
one Time. tor at t\£
fame Time.
tV. Provided alfo, and be it enacted, That no Perfon holding any Place No officer
to
tjr.Cfuce of Profit under the faid Commiflioners, fhall act: as a
Gemmif-
a;t.as
a
com*
fioner hi the EfcfeciKion of
this
Ad during fuch Time as he (hall hold any
futh'Place or Office.
miffioner.
Y. And be it further enacted, That if atiy "Perfon not being qualified Penalty
on
pr, properly appointed as herein-before directed, fliall act as a Com-
»C;i»£,
npt
|iiflionerin the Execution of this Aft, or if any Perfon not being, duly t£l.S *
ijtialified, 'fh'all appoint in Manner aforefaicfany'Perfon to aft as a Com-
mtffionfer in the Execution of the fame, and fuch Perfon fo appointed
ihall have acted as a C'ofhitiimbner, every fuch Perfon mall for every
fuch Offence forfeit and pay the Sum of Fifty Pounds, to be recovered,
With full Cofrs of Suit, by any Perfon who fhall fue for the fame in
arty of'His Majefty's Courts of Record at
fFeftminJier,
by Action of
Debt or on the Cafe, Bill, Plaint, or Information, and th« Perfon fo
profecuted fhall prove that he is qualified as aforefaid, or otherwise
a Verdict'Ihall
IDS
found. againft him, without any other Proof or Evi-
dence on the Part of the Profecutor than that fuch Perfon hath acted
is a Gommiflioner in the Execution of this Ac\ or has made fuch
Appointment of a Gommiflioner who has acted as a Comrniffioner in
me'Exex^tion/ofthis^Act, One Moiety of which Forfeiture fhall be paid
8 tQ.
tf£?P
Meetings-of
Comresffics.-
en.
ta%^afecutQr|Hand*fh«pther JVlojety.jthereof appJif4 &r-$*,-?#«$(&.
or^ipl.:
"'
il^^dM. rriiiftKer' Rafted^^O^^^'f^l^^iBg-ot $eji*id
CQJaWa»?fiiiC«ers ihall be helden, at' ^^€rmnr,'tpni%r^i
:$j9keL.Mrxy.
i^-jj^-;.faijjj County ,of frtirfolk, on .tjtajuwd. iy^jjf^^al^r
the.
rMj
0^^4»Q)SBnvflJoners, or any Five
©r,
mom of tft^^iR^Rrmeptktwuffi
m every. Yeir at
FeUwell,
Southern or
•*><&
^Tr^?L^>#^\ft-iw8HHfii
of Norfolk (or at fuch Place or "Places" as the' faid^ Comrniffioh^s mall
fiap? Xfejpftii to-,;-Xime
appoint},
o#x
4f»e ^ecp^ Er^«|Vin ^i
"Jprlf,'^,
the Second Fr;V^ ;ijg fhe! J^ojitb, of ^^"l^||jMUi|
*yety Tyeafc' ahji at.fuch othei! Tjmejor
^THI^S
.^'&I%-,^^4^OT
inorf cX^em. fhaCLcenfider J^^^^V^-^K^ !^»«|'{8^1^%$
Uindsiiafihough not, afietnbiedVat ar)y iMeetioW) appo^^ndi&;Ma
enwnu^oners may. from. " " ' " ~ ~
any Spe^f|l Meetings, tchf
£o.minffS<3pers ihall not be prelent »#£ tn&^l^e.,^^^^^.^!!^^
fefc's do*# *St
fo«s,f|tte'«lfin|
Comroiflioners
rtsiy ciid&e
sChaitroan,
who
.iwto
iiae.e
the cafting
Vote.
I
e^f^Ms ^||gbin4 to haveJjeen^fieidett^ ot^MfifcJAdj^jtjn^^.
G^^Mfe*1 at-iocp«..#eung^ or. a#^.«ed f^^gg,j|q]dettt^pW
t^f Authcsiitp of.
thj^.
j0~.lSf.ye and
j!^$(':a|
tietei n ^esj^pte^
},,^^
all.
Powers(fer_-Autho§t^a^ranted'-^k^|^ed w^uu^ ^^PK*
fiohers,"IHalfand may frotti Tune to Innie' be yaTercifetf^By' ,t^fp^|y
Part of them prefent
*
at arty Meeting; cftie whole Nuituber'prefept at
eettng;
ftall^.njave'' the 'dec*ifive~A;D() cattlnj^c
and the firft Bufinefs d'^' St' an^ Meeting, or adjourned Me
fliall be the Ekction.of jkchi Chftttmas
Nf>trceof
Wceiings,'
and all oiher
Notices,
hove
to be git fit.
Exp«nc« of
Meetings.
VII.
And be it further enacted, Thar. Notice of all Meetings to be
holdn by virtue of
this"
Act, ah|'a,ijfOther Notices hereby required
to be-'given, .fliall (unlefs hejeby, other^jfe directed) be,
given.
inSoiooit
.Wee'kly' Newfpaper ufij.ally ,ciiq*uj|tcd Jn-|he^eighb6urh'Qod,"of the laid
Fen Lands, or by affixing the
fame"
oh the]p»&qpal Doors of die Ghurcl)e*
of the faid 'Parjftes, offolme/tlSaint' Mary, Fettwtll
Saint
'Jsrref)otas,
fjeclfy
wold-cum
Wition,
Methwoldl
Bitmap
/and p!or by both lucH
'^•5%
if the i'a.m?.,ftialt be thought rcqutftjei;
VIII. And be :it father.;enacted, That no greater or larger $uq|
of Money than TWP Poundsm the*Whole ihall be paid or ailoyvcd |o^
|he Expence^of-the (Jk>n>miu{oners at any otic of
^he
General
j^eetMigi
to be hqlden under or by virtue of this'Act, nor more than Twenty {f^i-
lifigf for the Expences of. the Commiflionera at aiiy adjourned or §Dec|a|
Meting. IX. Provided
46dOEORGli ill. Cap. 95* 1921
lit. Provided always, and be it enacted, That no Order or Proceed- paction* as
ing made or had by the faid Commiflioners, (hall be revoked or altered ordTrs^"2
uniefs at fome Meeting to be holden as aforefaid, nor unlefs a Notice
figned by Three or more Comniiffidners, dating their Intention to move
at the then next Meeting that fuch Order or Proceeding may be re-
voked or altered, fhall be given in Manner aforefaid at leaft Ten Days
before fuch Meeting.
X. And be it further enafted, That fair and regular Entries {hall Entries of
be made in a Book or Books to be provided for that Purpofe, of goo^Eri-8*
all the Acts, Orders, Rules, Regulations, Directions, and Proceedings dence.
of the faid Commiflioners, relative to the Execution of this Aft, and
of the Names of the Commiflioners who (hall be prefent at the refpec-
tive Meetings, and the fame fhall be figned by the Clerk to the faid
Commiflioners ; and all fuch Entries, being fo figned, fhall be deemed
Originals, and fhall be deemed good Evidence in all Cafes touching any
Thing done in purfuance of this Aft, and fhall bs allowed to be read
in Evidence in all Courts whatfoever, and otherwife, as Occafion fhall
require.
XI.
Provided always, and be it enacted, That all and every Book and Entries of
Books in which any Entry or Entries of any Proceeding or Proceedings
[^"form'er
relating or in anywife appertaining to the Lands and Grounds to be drained Act, good
and preferved by virtue of this Aft, or of any of the Commiflioners or Evidence.
other Perfon or Perfons afting by or under the Authority of the faid re-
cited Aft (fuch Entry or Entries being made in fuch Book or Books ac-
cording to the Directions of the faid recited Aft) fhall be and be deemed
to be as good and fufficient Evidence thereof in all Courts whatfoever as
if the faid recited Aft had not been hereby repealed.
XII.
And be itfurtherenafted,Thatit fhall and maybe lawful to and for officers-
the faid Commiflioners from Time toTime to appoint a Clerk or Clerks, Trea*
furer or Treafurers, Surveyor or Surveyors, Receiver or Receivers, Col-
lector or Collectors of the Taxes, and fuch other Officers as they fhall
think neceffary for the Execution of this Aft, and to remove all or any
of fuch Officers as they fhall think fit, and appoint others in the Room or
Stead of fuch of them as fhall be fo removed, or as fhall die or refign their
refpeftive Offices, or become or be incapable of difcharging the fame; and -rotakeSe-
ihe faid Commiflioners fhal} take fuch Security for the due Execution of carity from
fuch refpeftive Offices, as they the faid Commiflioners fhall think proper;
j^e"head
and the faid Commiflioners fhall and may, by and out of the Monies to Salaries.
arife by virtue of this Aft, allow and pay to fuch Clerks, Treafurers, Sur-
veyors, Receivers, and Collectors, and to fuch other Officers as fhall be
fo appointed, and alfo to fuch other Perfon or Perfons as fhall be em-
ployed in the Execution of this Aft, fuch Salaries, Rewards, and Al-
lowances for their refpeftive Attendance, Care, and Service, as they the
faid Commiflioners ih.Ul deem reafonable ; and all fuch Treafurers, Re-
ceivers. Collectors, and other Officers, fhall fairly enter in Books to be
by them refpe-tively kept for that Purpofe, an Account of all Monies by
them refpectively received and expended, fpecifying the Times when, the
Perfons from whom, and to whom, and for what Purpofes fuch Monies
were refpeftively received and paid, which Books or true Copies thereof
refpectively, figned by the faid Treafurers, Receivers, Colleftors, or
[Loc.iz'Per.'] 21I other
1**2 ^^EOTtQII fit.
Gap.
9^.
othej-^%er% ,tq>g^f Jie]f;^f h^egal #^|eif^s and Vouchers for the Expend4
#WBfyi %ll.fbel.y«.arl^j aftdnseyery T^iprpduced and delivered to the faid
G^fc%%>mX^
V fh^rM^,flg;(tQ:bgfhq]deii on the Second
Friday
in the
^,0^^i,jn.eaieh aft4jfevery $'ear.,fror at fuch ocher Times as they
^le.Xfiq^l^fnnii^iQne^s.fh^l direct; ajwl tj^faid CoinrnifliQners are hereby
«^o#sejfc^j? ^lo^^jj^saftd %^i\ich;Recounts, r £uch
Part,
or Parts
the'reof as --to them fhall feern correct and proper, aa#l fuch Treafurers,
Receivers,:
Colledors, and other Officers, (hall verify'fuch Accounts upon
f3$h ^i&fgttnfetiaa (!wfeich:Oath *or Affirmation(a»y>of the Comrniffion-
^s^.Jaerg^jyerijpo/vtergd f0',adrftjniftef),and,"the fame .Recounts-when fp
^1V^^«t%ii;alfo?/etih:B:o"ekSj(Rgc«jpts, and Vouchers,- 4haji be kept by
.t% fa*^Cafl^j0i^ at all feafpnabie
Tvq&p
&fcinfpe4teii
%r4
.pefcufftd, by
a»ny
,ftj^er, or Owners, Proprietorpr
JPfP^tiet^s^fAtlyjoi. thjS laid FenJ,atds;> liable to: be„taxed by^jrjtue of
i'N^«s^fer>v,itIiouC
f&§
or Reward ; an[d, all fuch Officers and Perfofts^j,
and^tep^re h^feb^?required tp
pay,
all
fuch Monies ^oipon the Balance
«&/u^ (Account or Accounts
ffiall
appear to be in tiielr Hands, tovfuch
P^lf^JlsfjR^rfons as.
the,
faid Cotnmiffioners fhall appoint to receive the
fame ; snd if any fuch Officer or Perfon fhall refufe or neglect to render and
give fuch Accounts as aforefaid, or to produce and deliver up the Books,
Vftu^bg^ljvand, Receipts relating to the fame, .and, to verify the Articles
ih^KeslrOjB'Dath or Affirmation, or tp.pay the l^alance remaining in hispr
jthefe ,Hatfds wheajferguntp required;hi Maimer aforefaid j or if any Of*
•faemmother P^rfofl (fhall-refufe on neglect© deliver ;up t»thefaid^ora-
4i¥ifij?jSef
sj,;
or
to
fuchi Perfon or Perfons
a$
they fhall appoint, witbiri Ten
TJay£^^-jbeing ihefceunto required ^y th&ijaid Commlfiioners, allBpoks^
lAceo^^ Papers, ]Jnd> Writings in;
I^ei5
refpeclive C^fjtody pr .Power,
an^tfe^tiqg to
jfce;
Execution pf tbisAftj, then and
(hi
every fdchjjajf
every fuch Perfon mail forfeit and payJor-v^
exceeding Twenty Pounds nor lefs than Ten Pounds, and if Complaint malt
fee iaaxte
erf:
any fuch Neglect or
R#W$1
m.
aay, J«$Jee
of
t$$tPeyqtfJoT
•the
CoufotyTbr >
Place-'
where the Officer. jorr Officers* -? Periqit or,
perfc^,
/©
*egHe&t»gror refilling (haltfoe or refidej fuch Ju^i^may^andhe isJiereby
laathopzsad and rcquiredj% a Warrant wader his f^aridaM Seal^io-je^ttfe
fuch Officer- or Officers,' Psrfon or Perfons, to be brought -befgre h^tn^
andmpotif
h%
or their appearing, or having been fui^moned and aqt,ap-
•peafingf;.oa- not' being to-be found, to hear and determine the Matter .of
fudftCsattprairrt in a fumraary liyay 5 and -if upop the Confeffio«Tp£the
lOfficer-or- Officers^ Perfon-or PerfaosySagginft whom any fuch Complaint
fhall be wade, orby the TefUmony ,edible.Witnefs or Witneffes
(trpeni Oafe (which Oath fuch Juffjce
i§
hereby;eoipowered.;tp adminifter)
it fhallappeari© fuch Jufticethat.aaypf th^Mooies which,(hallhave been
•colYeGitd'
or received by virtue of
.this
A&.
mall be in the Hands of fuch
Officer or Officers,,Perfon or Perfons, fuch Juftice may and he is h^by
authorized and required, upon >Non-j>ayBient
thereof,
fey Warrant under
Ws*
Hand and Seal, tocaufefuch Money, and alfo fush Penalties as aforef
faid to be levied fcyDiftrefs and Sale of the Goods and Chattels of fuch
©fficer 6f Officers, Perfon or Perfons, and if no Goods or Chattels of luch
•Otecei" Or'-'Cfficersj Perfon or Perfons, can be fouad fuiScient to aniwer
S,nd firtlsfy the faid Monies and Penalty, and the Charges of diilralning
and ielli'ng.'the laid Goods and Chattejs, or if it fhall appear to
fuchjuf-
ti«>3*fefet4:uch Officer or Officers, Perfon or Perfons, fhall have refufed. or
\dlf#if-negle<3£dto render and give'an Account or Accounts of his or
their

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