Fen Drainage Act 1823

Publication Date:January 01, 1823
 
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Fen Drainage Act 1823

(4 Geo. 4) c. ciii

An Act to amend and render more effectual an Act passed in the Forty-seventh Year of the Reign of His late Majesty King George the Third, for repealing several Acts therein mentioned, for draining certain Fen Lands in the Isle of Ely and Counties of Suffolk and Norfolk, near Mildenhall River, so far as relates to the Lands in the First District therein described, and for making better Provision for draining and preserving the said Lands.

[17th June 1823]

ANNO QUARTO GEORGII IV. REGIS Cap. ciii. An Act to amend and render more effectual an Act passed in the Forty-seventh Year of the Reign of His late Majesty King George the Third, for repealing several Acts therein mentioned, for draining certain Fen Lands in the Isle of Ely and Counties of Suffolk and Norfolk, near Mil- denhall River, so far as relates to the Lands in the First District therein described, and for making better Provision for draining and pre serving the said Lands. [17th June 1823.] W HE RE AS an Act was passed in the Forty-seventh Year of the Reign of His late, Majesty King George the Third, intituled An Act for repealing several Acts of the Thirty-third Tear ^"'470.'3. ct83. King George the Second, and the Thirteenth and Thirty-seventh.Tears of His present Majesty, for draining certain Fen Lands in the Isle of Ely. and Counties of Suffolk and Norfolk, near Mildenhall River, so far as relates to the. several Lands in the First District therein described, and for making better Provision for draining and preserving the said Lands : And whereas the Powers and Provisions of the said Act have been found insufficient for effectually carrying the same into execution, and for draining and [Local.] 27 G pre- 2418 Certain Clauses in said Act repealed. Repealing so much of former Act as relates to Trees, &c. being planted or placed near any Mill. Repealing so much of former Act as relates to Cattle straying or feeding on the Banks. Repealing so much of former Act as empowers Collectors of Tolls to retain. Distress till the'Toll is paid. 4GEORGII IV. Cap.cm. preserving the Fen Lands and Low Grounds bounded and described therein, and it is necessary that the said Act should be altered and amended, and the Powers and Provisions thereof enlarged: May it therefore please Your Majesty that it may be enacted ; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same* That so much of the said recited Act as enacts that Notice of all Meetings to be Jiolden by virtue of the said recited Act, arid all other Notices thereby required to be given, shall, unless thereby otherwise directed, be giver! iri the Cambridge and Bury weekly Newspapers, or by affixing such Notice or Writing on the principal Doors of the Churches of the respective Parishes of Ely, Littkport, and MildenhalJ, or by both such Ways, if the same should be thought requisite, shall be and the same is hereby repealed. II. And be it further enacted, That so much of the said recited Act as enacts that no Tree or Trees, or Holt or Holts, Stack or Stacks of Hay, Fodder, Reed, or Turf, shall at any Time or Times thereafter be planted, nor any Buildings be placed, erected, or built, except as therein men tioned, nearer to any Mill or Engine, made or to be made, erected, or employed for the Purposes of the Acts therein recited and that Act, than Five hundred Yards, nor any Ditch or Drain thereafter to be made or cut above; Eight Feet wide at the Topi within Forty Feet of the 'Centre of any Bank within the said District, and as empowers the said Commissioners to cause such Trees, Holts, and Stacks to be taken up and carried away, and such Buildings to be pulled down and removed, and such Ditch or Drain to be filled up, after the Expiration jbf the Notice thereby directed to be given, shall be and the same is hereby repealed. III. And be it further enacted, That so much of the 'Said recited Act -'as enacts that if any Person or Persons shall wilfully suffer his, her, or their Cattle, Stock, or Swine to stray upon or to feed or root up the Soil, or otherwise damage any Bank or Banks made or used, Or to be made or used under the Authority of the Acts therein recited, Or of that Act; or that- if arty Person or Persons shall fodder, or cause or permit to b*e foddered or drove on the Banks to water, any of his, heri, or their Cattle of Stock upon any such Bank or Banks, then and in every such Case'every Person so 6fferiding shall forfeit and pay for every such Offence any Sum not 'exceeding Five POurMs, shall bVan'd'fhe same is hereby 'repealed. "IV. And be it "further enacted, That so much of the said recited Act as , enacts, that-'if-&ny Dispute shall happen a'bdut the Quatitity of the Tolls due, or the Charges of keeping and selling any Distress, it shall and may be lawful to and for the Collector or Person distraining, to retain the ?Distress, or the Money arising from the Sale thereof, until the ^Quantity of the-Tolls or/Charges of distraining indsellihg the Distress, as the Case may be, shall be ascertained by some Justiceof the Peace for the County or. Place wherein such Dispute shall arise* Hipori Application made to him for that Purpose, shall examine the said Matter by Oath of the Parties, or other Witness or Witnesses, and shalldetermine the'Quantity of the Tolls due, and shall also assess the Charges of such Distfess and Sale^hd all other reasonable Costs, all which Sum or Sums Jso determined or assessed shall be paid the said Collector before he shall be obliged to 6 return ^GEORGII IV. ai .dm. 2419 return the.said Distress,.or. the Overplus after Sale thereof, or of any Part thereof, shall be and the same is herebv reDealed. V. And be it further enacted, That from and after the passing of this NameofDis-Act, the Fen Lands and Low Grounds bounded and described in the said tW-recited Act, and intended to be drained and preserved under the Powers contained therein, shall be called Burnt Pen First District, and that the Commissioners authorized and appointed, and to be authorized and appointed under and by virtue of the said recited Act or this Act, shall be called fi The Commissioners for draining the First District of Burnt Fen Lajids.1 VI. And be it further enacted, That every Husband, Guardian, Com- Husband, rnittee or other Trustee, for of on Behalf of any Feme Covert, Infant, Guardian, Idiot, Lunatic, or other Cestuique Trust, entitled in his or her own Right Covert In-6 to One hundred and fifty. Acres of Land taxed by virtue of the said re- fant &c., cited Act, shall be a Commissioner for putting the said recited Act and may act as this Act in Execution during the Minority of such Infant, or the Cover- Commission- tare, Disability, or Incapacity of such Feme Covert, Idiot, Lunatic, or ^'nt De-^" other Cestuique Trust respectively ; and that the Husband, Guardian or puties. Guardians, Committee or Committees, Trustee or Trustees pf any Feme Covert* Infant, Idiot,' Lunatic, or other Cestuique Trust, entitled in his or her own Right to Three hundred Acres or upwards of Land taxed by virtue of the said recited Act or this Act, shall have the same Power to appoint a Deputy Commissioner or Deputy Commissioners during such Coverture, Minority, Disability or Incapacity, as such Infalit, Feme Covert^ Idiot,-Lunatic, or-other Trustee would be entitled to exercise, if he or she were capable to act in the Execution of the said recited Act or of this Act, in his or her own Right: Provided, always, that where Two or more Persons shall be appointed Guardians, Trustees, or Committees for the same Infant, Idiot, or Lunatic, One only of such Guardians, Trus-tees,'Or Committees, shall be entitled to act at any Meeting as such Commissioner, and that every Appointment of a Deputy for such Guardians, Trustees or Committees, if more than Two, shall be signed by a Majority of them; but if there shall be but Two such Guardians, Trustees, or Committees, then such Appointment of a Deputy shall be sighed by both of them. VII. .And be it further .enacted, That Two General Meetings of the Meetings of said Commissioners shall be holden every Year at Ely in the Isle .of JEly; Commis- .(fhat is to say), one of them on the last Thursday in theHonth of March., sloners- and the other on the First Thursday -in the Month of O,ctober.i and .that ;i;t shall "be 'lawful 'for the said Commissioners to .hold all such other .Meetings at such other Times and Places as any Seven or more of them shall think necessary, and shall by Notice in Writing under their Hands appoint, whether .assembled' at a Meeting-pr not j ,and (the said Cpmndssioners may .from Time to Time adjourn any Meeting ,pr ^Meetings tp.,be tholden by virtue of this Act or of the said -recited Act, to such Time or Place,fa.nd as often .as .they may^think piroper; jand rin ease Seven .Co.mmissip.nejg shall not .be present at the Time ,and .Place appointed ,fpr -holding any Meetiqg .or adjourned Meeting, .then and in every such -Case the iCpmmis-sioners or Commissioner present^ or the Clerk .to tthe said iCoiftmissipnerA, ^if no Commissioner shall attend) shall and ,may adjqum' the -same ;tp & future Day, not exceeding Twenty-one Days from such Adjournment; any 2420 No Act of Commissioners valid, unless done at some Meeting. Penalty on acting without being qualified. 4GEORGII IV. Cap.ciu. any thing in the said recited Act contained to the contrary thereof notwithstanding. VIII. And be it further enacted, Thatno Act of the said Commissioners shall be good, valid, or effectual, unless the same be done at some Meeting or adjourned Meeting duly convened, as required by this Act (save and except in Cases where it is otherwise directed or authorized by the said recited Act or this Act); and that all Powers or Authorities granted to or vested in the said Commissioners shall and may from Time...

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