South Holland Drainage and Road from Spalding High Bridge Act 1817

JurisdictionEngland & Wales
Citation1817 c. lxix
ANNO QUINQUAGESIMO SEPTIMO
GEORGII III. REGIS.
Cap.
Ixix.
An Aclt: for amending%nd rendering, more effe&ual an
A& of His prefent Majefty', for draining Lands in
South Holland; and for continuing and amending
another Aft of His prefent Majefty, for maintain-
ing and repairing a certain Bank, and the Road
thereon, from Spalding High Bridge to Brother
Houfe, all in the County of Uincoln.
[Uthjuly 1817.]
^•".TTTHEREAS by an Aft of Parliament pafled iff the Thirty-third'
Bi/WA Year of the;Reign of His prefent Majefty, intituled An Atlfor 33G.3.C.109.
: .'•. T
'draining,,
preferring, and improving'certain Lands lying in the
federal Parijhes of Spalding {including the Hamlets o/Cowbit aw^Peakilf),
Wefton, Moulton, Whaplode, Holbeach, Fleet, Gedney, Sutton Saint
Mary, and Sutton Saint Nicholas otherwife Lutton, all in South Holland,
in the County of Lincoln, certain Commiflioners thereby authorized were
directed to make feyeral Drains and other Works for the Purpofe of drain-
ing, preferving, and improving certain Lands therein particularly defcribed,
and fuch other Lands as mould by virtue of the Provifions of the faid Ac~t
be included within its Operation, ion Petition of the Proprietors
thereof;
and in order to defray the Expences of the faid Works, and of executing
. the other Purpofes of the faid Aft, the faid Commiflioners were thereby'
authorized and required to affefs and tax, in the Manner and under the
Reftri&ions therein mentioned/the Lands therein directed or authorized
to be drained: And whereas under and by virtue of the Direftions and
[Local.'} 19 if Provifions
1694 57°GEORGII III. C^.lxix.
Proviiions in that Behalf contained in the faid Aft, certain Lands in
Spalding, lying between the River Weliand and the
Wejllode,
and abutting
upon Hawthorne Bank, and containing Two hundred and thirty Acres or
thereabouts; and alfo certain other Lands In Spalding, lying. Eaft of the
River
Wetland*
and contami&g Three hundred and feventy Acres or there-
abouts} and alfo certain Lands in Moulton, lying South of the Old Roman
Bank, arid containing Two thoufand three hundred and fixty-fix Acres or
thereabouts, were, on the Petition of the Proprietors
thereof*
taken into and
included within the Operation of the faid Aft: And whereas the King's
mod Excellent Majefty, in Right of His Crown, is Lord of the Manor of
Whaplode Abbatis, and of the Manor of Moulton Harrington, and one
Moiety of the Manor of
Moulton
Dominorum; and is alfo the Owner of
feveral Lands in the faid Pariflies oiWeJlon, Moulton, Whaplode, and Hol-
beach,
of which feveral Manors and Lands the Right Honourable
Sampfon
Lord Eardley is trie Leffee of His Majefty for a Term of Years; and His
faid Majefty is alfo the Owner of feveral Lands in the faid Parifh of
Spalding, including the Hamlet of Cowbit, and of other Lands in the
Parifh of
fVeJlon
aforefaid, in the Tenure or Occupation of Thomas Hall :
And whereas the faid Commiffioners, under the Authority of the faid Aft,
made certain Drainsj and executed certain other Worksj and borrowed
confiderable Sums of Money on the Credit of the Taxes to be impofed by
virtue of the faid Aft, and affeffed and taxed the Lands comprifed within
the faid Drainage with certain Sums of
Money,
fome of which Sums were
duly paid to the faid Commiflioners; but a confiderable Number of
the
faid
Sums now remain unpaid, and no effeftual Power is given by the faid Aft to
compel Payment
thereof:
And whereas the faid Commiffioners hegleftedor
omitted to make Agreements for the Purchafe of
the
Land which hath been
cut or covered, or otherwife taken or ufed for thePurpofes of the faid Aft,
except in a few Inftances; and the Proprietors of the Land fo cut or
covered, or otherwife taken or ufed, except in the Inftances referred to,
fubmitted to be deprived of the Poffeffion
thereof,
without any Stipulation
as"
to Price or other Terms of Purchafe
$
but the faid Commiffioners fixed
annual Rents to be paid for all and every the Pieces or Parcels of Land fo
cut or covered, or otherwife taken or ufed by then! for the Purpofes afore-
faid : And whereas, the faid Commiffioners, out of the Monies borrowed
by them, or received for Taxes, paid andt difeharged the Expences of
obtaining the faid Aft, and a confiderable Part of the Expences incurred
%y
them,
in carrying the fame into: Execution: And whereas certain Sums
of Money are. ftill due in refpeft of carrying the faid Aft into Execution,
arid a confiderable Sum remains due to fome of the Perfons who lent
Money to the faid Commiffioners on the Credit of the Taxes, with an
Arrear.of Intereft; and the Proprietors of the Lands fo cut or covered
$
or
otherwife taken or ufed as aforefaid^ except' in the Inftarices before referred
to,,
claim to be.paid the Arrears' of. the annual 'Rents fo fixed.by the faid
Commiffioners'in refpeft of fuch Landsj and alfo for the Fee Simple
thereof:
And whereas
by>
reai'on of theOmiffion orDefeft of the faid Aft as to
Powers for compelling Payment of the Taxes, the Commiffioners for
many Years paft have been unable to keep in'Repair the Works of the faid
Drainage, or to make and execute the Award which by the faid Aft they
were direfted to make and execute, and the annual Tax' thereby direfted
ori authorized to be impofed, after the Execution of the faid Award, for the
Maintenance of the Drainsand other Works, could not therefore beraifedi
iri confequenccwhereof fuch Drains and other Works are now in great
8 Want
*7*ftEQRGn
111.
Gap.hit 46^5
Want of Repair and Amendment: Arid whereas by an Aft of Pafllahieht
pafled in the Thirty-fifth Year of the Reign of His prefent Majefty, inti-
tuled An Ad to enable the
Commiflioners
and Trujie'es for
executing
an Aft 3$G-3.ci66.
faffed
in
the Thirty-third Tear of the Reign of His prefent Majefty, intituled
1 An Aft for draining, preferring, and
improving
certain Lands,
lying
in the
' feveral Parifhes of Spalding
{including
the
Hamlets
^Cowbit tfWPeakill),
' Wefton, Moulton, Whaplode, Hdlbeach, Fleet, Gedney,. Sutton Saint
* Mary., and Sutton Saint Nicholas
otherwise
Lutton, all.
in.
South Hollandj
*•
in the
County
of Lincoln:' tofupport and
repair,
a certain Bank extending
from Spalding High Bridge to Brother Houfe in the faid
County,
and to
iimend and
repait.
the Road
thereupon,
and for
compounding
with the Credi-
tors,
under an Aft
paffed>
in the Twelfth Tear of His prefent
Majefty]'s
Reign, for making and
keeping
in Repair the faid
Road;
a certain Bank
extending from Spalding High Bridge to Brother Houfe, being the Barrief
Bank for defending South Holland from the Waters of the River Wellqnd,
was vefted in the Truftees under the faid firft-mentioned Aft, and made;
fubjeft to the Jurifdiftion, Power, and Controul of the Commiflioners and
Truftees of the fame Aft, and certainiTolls were thereby made payable to
the laid Commiflioners until the Execution, of their Award, and after the
Execution thereof to the faid Truftees for the Term therein mentioned, for
maintaining and keeping in Repair the Turinpike Road upon the faid Bank
from Spalding High Bridge to Brother Houfe aforefaid, and the Term for,
which the faid Tolls were granted will expire with the prefent Seflion of
Parliament: Apd whereas
George
Maxwell and Edward Hare, Two, o|
the Three Commiflioners named in and appointed by the faid firft-recited
Aft, and who acted as Commiflioners under the Authority of the faid
Afts,
lately departed this Life, and William
Golding,
who was elefte'd in
the Room of John Walker, the other £ommiffioner named in and ap-
pointed by the raid firft-recited Aft, and after the Death of the faid John
Walker afted as Commiflioner under the faid Afts, hath taken no Step,'
towards the Eleftion of other Commiflioners in; the Places of the faid
George Maxwell and Edward Hare: And whereas the making of the
Award by the faid firft-recited Aft required
ito
be made by the Commit
fioners, would be attended with a great Ifxpence, arid with veiy litriie
Advantage to the Proprietors, and it is therefore defirable that the fanie
fhould be difpenfed with; and it is alfo defirable to authorize the pifirig
(in addition to the Taxes which have been charged orffafleffed under the
faid firft-recited Aft, and remain unpaid* as aforefaid) of a limited Tax^
for Payment of the faid feveral Claims arid Demands on the faid Drainage
Gonderh, and to irripofe (in lieu of the annual Tax by the faid fifft-recited
Aft authorized to be charged^after the Execution of the Award) ah inV
rrfedia'te annual Tax for putting irito and keeping in Repair the faid; Drains
arid Works, arid to continue the Tolls payable in refpeft of the faid' Turri--
pike Road, with ari Increafe
thereof,
for a further Terrri, and to ariiMiitf
the faid Afts in other Refpeds j butfuchPurpofes cahnotbe aecomplifhed
without1' the Aid and Authority of Parliament:' May it therefore piealfe
Your Majefty that-it may be eriafteft j arid r)e itenaftdd by the King?s
moft1 Excellent Majefty, by'aridwi'th the Advice arid'Corifent of the1'Lords
Spiritual-and Temporal, and Commons, in this prefent'Parliariierit avTeifi-
bled, and by;th'e Authority of the fanie', That' all the Powers arid- Atithdi- Repealcf tha
rities by the faid recited Afts re'fpeftively' given-to or' vefted in the Coin- ^Th^iMn-
miflione'rs under the fame Afts refpeftively; and alto'all the Powers and aJeAftirTthe
Authorities by the faid recited Afts reflectively given to or vefted in the Commiffion-
Truftees
ers
and in

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