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The New RiverA Legal History$

Bernard Rudden

Print publication date: 1985

Print ISBN-13: 9780198254973

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198254973.001.0001

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(p.251) A. Statutory Foundations 1605 and 1606

(p.251) A. Statutory Foundations 1605 and 1606

Source:
The New River
Publisher:
Oxford University Press

A.1 3 Jas. I C. 18 (1605)

An Acte for the bringing in of a fresh Streame of running water to the North parts of the Citie of London.

For that it is found very convenient and necessary to have a fresh Streame of running water to bee brought to the North parts of the City of London, from the Springs of Chadwell and Amwell, and other springs in the Countie of Hartford not farre distant from the same, which upon view is found very fesible, and like to be profitable to many: It is therefore enacted by the Kings most Excellent Maiestie, and by the Lords Spirituall and Temporall, and Commons in this present Parliament assembled, and by the Authoritie of the same, that

  1. [1] it shall be lawfull to the Lord Maior, Communal tie and Citizens of the Citie of London, and their Successours, at any time or times hereafter to beginne and continue the laying out of such convenient Limits of ground for the making of the Trench for the sayd River at the breadth of tenne foot and not above, as to them and their Deputies and workemen, with the allowance of the Commissioners hereafter mentioned or any seven of them shall bee seene convenient and meete for the same, And in that place that they shall find to be most apt and meet for that purpose, to have and take for the purpose abovesaid the use and libertie of such and so much ground, as shall contain Ten foot in breadth, and not above, during and by all the length, as the sayd new Channell, Cut, or River shall passe for the conveying of the said water from the sayde Springs to the Citie of London, leaving the inheritance of the New Cut in the owners thereof.

  2. [2] And that the sayd Mayor, Comminalty, and Citizens of London, and their Successours for ever, for the consideration hereafter expressed, shall have liberty to digge the same ground to be imployed for the sayd River or New Cut, not exceeding tenne foot in breadth alongst all the sayde whole length of the sayd River or New Cut, and from time to time for ever to maintaine and preserve the same, and to lay the earth there digged or to be digged on either side of the same River or New Cutte in such places, as shall be thought meete for that purpose, and to have free Passage to and from the sayd New Cut or River with men, horses, cart and carriages at all times convenient for making of the same New Cut or Trench and for the preserving of the same, and of the Banckes thereof, from time to time (p.252) for ever, to the intent that no part of the sayde Streame be at any time after the making of the New Cut, without the consent of the Mayor, Comminalty, and Citizens of London, turned or conveyed out of the same New Cutte or Watercourse.

  3. [3] In consideration whereof, The Mayor, Comminaltie, and Citizens of London, and their Successours shall make such satisfaction or composition to and with the Lords, Owners, and Occupiers of the same grounds, through which the Newe Cut or River shall be made, and with all such person and persons as shall sustaine any Damage, Losse or hinderance in their Mils standing upon any of the Rivers or Streames, from which the water shall be taken through the sayd New Cut or River, as shalbe to the contentment of the Lords, Owners and Occupiers of the sayd grounds and Mils, and in default of their agreement by mutuall assent such satisfaction or recompense, as shall bee limited and appoynted by the Commissioners to bee assigned for that purpose, according to the intent of this Statute, by the Lord Chancellour or Lord Keeper of the great Seale of England for the time being, by Commission under the great Seale of England, or by any nine of them, whereof foure of them to bee Citizens of the City of London.

  4. [4] And for the better effecting of the premisses, and for the due rating of the value of the things to be compounded for by the true intent of this Statute (if the parties shall not agree,) Be it enacted by the Authoritie of this present Parliament, that at the request and charges of the Mayor, Comminalty and Citizens of London, Commission or Commissions, under the great Seale of England, shall be granted to such persons, as the Lord Chancellour or Lord Keeper of the great Seale of England for the time being, shall nominate and appoint, whereof foure shall bee of the Countie of Middlesex, foure of the Countie of Essex, and foure of the Countie of Hartford, and foure of the City of London, and every of them having lands and Tenements of the cleare yeerely value of Fortie pounds at the least: which sixteene or any nine of them, whereof two to bee of the Citie of London, shall have power to order and set downe what Rate or Rates, summe or summes of money shall be payed by the Mayor, Comminaltie and Citizens of London to the Lords, Owners, and Occupiers of the grounds, and Soyle and Milles, for which Composition is to be made by the intent of this Acte, if the Parties cannot of themselves agree, and in what manner the same shall be payed, and that for the recovery of such money, as shall be so ordered and set downe by the said Commissioners, or any nine of them, whereof two to be of the Citie of London, the partie or parties to whom the same money shall bee due to be payd by the true intent of the said order, shall or may recover (p.253) the same against the sayd Mayor and Comminaltie of London by Action of Debt in any of his Maiesties Courts at Westminster, wherein no Essoigne, Protection, or wager of Law shall be allowed.

  5. [5] Provided alwayes, and bee it enacted, that if in the New Cutte there happen any Breaches, Inundation, or Hurts, the Mayor, Comminaltie and Citizens of London, shall from time to time stoppe the Breaches at their owne charges, and sufficiently maintaine them from time to time, and make sufficient recompense to the Partie grieved for the Damage susteined by the same Breaches rising by their default, to bee recovered by Action on the Case grounded upon this Statute.

  6. [6] And bee it further enacted by the Authoritie aforesayd, that the Mayor, Comminaltie, and Citizens of London, and their Successours for ever, shal make and maintaine at their costes and charges from time to time convenient Bridges and wayes for the passage of the Kings Subiects, and their Cattell and carriages over or through the sayd New Cutte or River, in places meete and convenient.

  7. [7] And further be it enacted, that untill or before a full agreement with the Lords, Owners and Occupiers of the premisses be had, or that such Order or meanes be devised and agreed upon by the Commissioners by the L. Chancellour or L. Keeper of the great Seale of England to bee nominated and appointed, or the more part of them, as shall seeme meete for the due effecting of the premisses, and the sayd Commission returned into the High Court of Chancerie, it shall not bee lawfull to the sayd L. Mayor, Comminaltie, and Citizens to put the said digging, trenching or New cutting of the said new River from the said Springs in Execution, nor to cut or take in any ground for Passage of water from the sayd Springs or any of them by force of this Statute, Anything in this Acte to the contrary not withstanding.

  8. [8] And bee it further enacted by the Authoritie aforesayd, that after such time as there shall bee a new Cut, Streame, or River brought from the Springs aforesaid, or any of them, to the City of London, that for the better maintenance and preservation of the sayd River or new Cut, and of all the water therein running, to be brought to the Citie of London; the same shall be subiect to the Commission of Sewers, and to the Lawes and Statutes made for Sewers, as fully to all intents and purposes, as if the same River or new Cut had bene expressly mentioned in the sayd Statutes of Sewers to bee under the Survey of the syad Commissioners.

  9. [9] Provided neverthelesse, and bee it enacted, That all such things as shall be done, at any time hereafter, for the Scouring, cleansing, amending, and conservation of the sayd new River or Cut, shall be at the onely cost and charges of the Mayor, Citizens and Communal tie (p.254) of the Citie of London; And that all Fines and amerciaments which shall bee imposed by vertue of the sayd Commission of Sewers, for any wilful annoyances and offences which shall be at any time hereafter committed to the hurt or preiudice of the sayd new River or Cut, or any thing thereunto appertaining, shall bee to the onely use, benefit, and behoofe of the sayd Mayor, Communaltie, and Citizens of Londond, and of their Successours for ever.

A.2 4 Jas. I C. 12 (1606)

An Act for explanation of the Statute made in the third yeere of the reigne of King James, Intituled

An Act for the bringing of a fresh Streame of running Water to the North parts of the Citie of London.

Whereas of late in the Parliament holden at Westminster, in the third yeere of the Reigne of our Soveraigne Lord King James, An Acte was made for the bringing of a fresh Streame of running water to the North parts of the City of London, as by the same Act appeareth, Now for that sithence the making of the Law, upon view of the grounds through which the Waters are to passe, by men of skill, and upon advised consideration of the premisses, it is thought more convenient and lesse damage to the ground, That the same running water bee brought and conveyed in and through a Trunke or vault of Bricke or stone inclosed, and in some places where need is, raysed upon Arches, then in an open Trench or Sewer, which maner of conveyaunce of the same water in a Trunke or vault of Bricke or stone, is doubtful whether by the wordes of the former Law it may be lawfully effected by the Lord Maior and Communaltie and Citizens of the Citie of London, albeit they doe duely performe every part, clause, matter and thing in the said Statute conteined, which on their part are by the true intent of that Law to be performed:

For cleering of which doubt, and plaine declaring of the true meaning of the sayd Lawe, Bee it enacted by our Soveraigne Lord the King, and by the Lords Spirituall and Temporall, and Commons of this present Parliament assembled, and by the Authoritie of the same, that at any time or times after the laying out of such convenient limits of ground for the making of the Trenche, or Conveyaunce of Water to the North parts of the sayd Citie of London, at the breadth of tenne foote, and not above, as to the Maior, and Communaltie, and Citizens of the Citie of London, and their Deputies, and Workemen, with the allowance of the Commissioners in the sayd former (p.255) Act mentioned, or any seven of them shall be seene convenient and meete for the same, and in that place that they shall find to be most apt and meete for that purpose, according to the true intent of the said Statute, that the Maior and Communaltie, and Citizens of the sayd Citie of London, and their Successours, Deputies and Workemen, for the consideration in the sayd former Acte expressed, shall have liberty not onely to digge the same ground to be employed for the said River, or new Cut, as in the sayd former Acte is expressed, but also in the same place, where they shall think most meete for the sayd new Cut, or Passage of Water, to frame, erect, and make a Trunke or Vault of Bricke or stone for the Passage of the sayd Water to the North parts of the sayd Citie of London, not exceeding tenne foote in bredth, in such maner and forme to be layed in the Earth or upon Arches, as to the Maior and Communaltie and Citizens of London shall seeme meete: And from time to time for ever to maintaine and preserve the same Trunke or Vault of Bricke or Stone, and for that purpose to have like liberty and free passage to and from the said Trunke or Vault of Bricke or Stone, for making, erecting, maintaining, and preserving thereof from time to time for ever, as they had or might have had by the intent of the sayd former Acte, to, and from the sayd new Cut or River, With men, horses, cart and carriages, at all times convenient, and in places convenient, for the making of the said new Cut or Trench, and for the preserving of the same from time to time for ever: Any thing in the said former Statute, or in any other Law or Statute to the contrary thereof in any wise notwithstanding.