Anno Tricesimo Secundo

Georgii II Regis

31st May 1758

An Act for draining and preserving certain fenlands and low grounds in the parishes of Somersham and Pidley with Fenton and the Parish of Colne in the County of Huntingdon.

Whereas certain fen lands and low grounds (part of the great level of the fens called the Bedford Level) in the parishes of Somersham and Pidley with fenton and Colne in the County of Huntingdon, lately belonging to Sir Thomas Drury baronet, Dingley Askham esq. Rebecca Milburn Widow, William Underwood and Charles Leeds Gentlemen; and containing in the whole by estimation, one thousand four hundred acres or thereabouts, the boundaries whereof are as follows; that is to say beginning from the north west corner of the farm belonging to Charles Leeds next to William Underwood’s Hither High Fen Farm in Somersham aforesaid, and next to Fenton Load; and from thence along the said Fenton Load to Fenton Willows by the North East Corner of Mistress Rebecca Milbourn’s land and from thence to the river of West Water to Crowlode Common to Chatteris Chelm, up the hard lands there and from thence by the said West Water to Hammond’s Eau bridge at Somersham Toll and from thence along the said Hammond’s eau to the Drain called Leeds twelve foot drain and along the said twelve foot drain to the south west corner of the said Charles Leed’s farm and from thence along the Drain between William Underwood’s Hither High Fen Farm and the said farm belonging to the said Charles Leeds to Fenton Load are subject to be overflowing but are capable of being drained and thereby greatly improved.
And whereas the said Lands and Grounds mentioned and described in an Act made in the Twenty Second year of His Present Majesty’s Reign intitled “An Act for draining and preserving several parishes of Sutton, Mepall, Witcham Chatteris, Dodderington and a place called Byal fen in the Isle of Ely and County of Cambridge and also in the parishes of Somersham and Pidley with Fenton in the County of Huntingdon” and may be conveniently drained and preserved under the powers and authorities contained in the said Act; 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 the present parliament assembled, and by authority of the same, that from and after the passing of this Act the said Act made in the Twenty Second year of His Present Majesty’s Reign intitled “An Act for draining and preserving several parishes of Sutton, Mepall, Witcham Chatteris, Dodderington and a place called Byal fen in the Isle of Ely and County of Cambridge and also in the parishes of Somersham and Pidley with Fenton in the County of Huntingdon” and all powers, authorities, directions, penalties, forfeitures, punishments, provisions, matters and things therein contained shall extend and are hereby extended to, and shall take effect operate and be executed with respect to the lands and grounds herein before bounded and described and to the owners, proprietors, occupiers and tenants thereof.
And to all persons committing offences in relation thereto or in relation to any cuts, drains, outlets, banks, engines or other works whatsoever, made or hereafter to be made or maintained for draining, preserving, or improving the said lands and grounds in such and the same manner and as fully and effectually to all intents and purposes whatsoever, as if the same were herein repeated and re-enacted with respect to the said lands and grounds and to the said owners, proprietors, occupiers and tenants and persons and as fully and as effectualy to all intents and purposes as if the lands and grounds had been described in the said Act and were part of the lands and grounds thereby authorised or directed to be drained preserved or improved and that the rates and taxes hereby chargable and to be charged upon the lands and grounds herein before bounded and described, shall be equally subject and liable to the payment of the debt of one thousand pounds, borrowed by the Commissioners of the said former Act and yet remaining undischarged together with the interest now due, and to grow due thereon equally and rateably with the lands and grounds comprised in the said former Act and in the same manner as if the said former Act and in the same manner as if the said lands and grounds mentioned in this present Act had originally been comprised in the said former Act, and the rate sand taxes chargeable thereon had been comprehended in the Securities made by the Commissioners for the said sum of one thousand pounds so borrowed by virtue of the said former Act.
And be it further enacted by the Authority aforesaid that from and after the passing of this Act, the Commissioners appointed by or in pursuance of the said former Act shall be and they are hereby authorised and impowered during the time that they shall be possessed of such qualifications as are therein mentioned to act as well in the Execution of this Act as of the former said Act in as full and ample manner to all intents and purposes, as if they had been nominated and appointed Commissioners in and by this present Act. And that Sir Thomas Hatton Baronet, William Underwood and Charles Leeds, Gentlemen, shall be and are hereby added to the Commissioners appointed by or in pursuance of the said Act and they are hereby authorised and impowered during the time that they shall be possessed of such qualification as is therein mentioned to act in the execution of the said former Act, and this present Act, in as full and ample manner to all intents and purposes as if they had been nominated and appointed Commissioners in the said former Act; any thing therein contained to the contrary notwithstanding.
Provided always, and it be further enacted by the authority aforesaid, that the commissioners for putting the said former act or this present Act in execution, or any five or more of them, shall in the first place and before other works are made for draining and preserving the lands hereby intended to be drained and preserved, cause the following works to be done and performed that is to say:
They shall cause a mill to be built at such place as the said Commissioners or any five or more of them shall think proper and that the sum of three hundred and twenty pounds at least shall be expended in erecting such mill and making the mill bridge and waterways;
And shall cause the bank against Fenton Load to be repaired as far as the lands hereby intended to be drained and preserved shall extend; and then along to the Ferry Chelm to the hard lands ;
And a sufficient drain to be made from the corner of the land lately belonging to Sir Thomas Drury Baronet to cross the common called Crowlode Common and along Snares Load to the new drain made by virtue of the said former Act at the corner of the ground belonging to William Strong Esquire;
And a substantial Cart Bridge to be built over the said drain on the turnpike road and other bridge over the said drain into the grounds called The Old Harves at the place where the road now is.
Provided nevertheless that no earth shall be taken for repairing the said banks from any land which lies within the distance of ninety feet from such banks.
Provided always and be it enacted by the authority aforesaid that nothing in this Act contained shall extend or be construed to extend, to impower the Commissioners in the said recited Act and this Act named and appointed , to do any act that may prejudice or damage a bank adjoining to Fenton Load lying between certain lands belonging to Master Leeds, Master Underwood, Dingley Askham Esquire, the representatives of Sir Thomas Drury Baronet and Mistress Rebecca Milbourn on one side; and Warboys Fen and certain lands belonging to John Leman Esquire and Mistress Elizabeth Newnham on the other side , so that the lands of the said John Leman or Elizabeth Newnham may be hurt or affected thereby.
Provided also and be it further enacted by the authority aforesaid that the rates and taxes to be assessed collected and levied upon the lands and grounds hereby intended to be drained and preserved shall at all times hereafter be assessed collected or levied rateably and proportionately to, and shall not at any time exceed, the rates and taxes which shall be assessed and raised upon the lands and grounds mentioned in the said former Act.
Provided also and be it further enacted by the authority aforesaid that for the purpose of applying the money which shall be raised by virtue of the said former Act and this present Act, the land sand grounds hereby intended to be drained and preserved shall not be deemed part of the fen called Westmore Beezlings and Restidge but part of the other lands and grounds mentioned in the said Act.
Provided also and be it further enacted by the authority aforesaid that no rate or tax shall be assessed collected or levied by virtue of the said former Act or this present Act for, or in respect of, certain high lands in a farm called Rumball containing thirty acres being part of three hundred acres of land belonging to Charles Leeds and lies nearest to the house there, or for or in respect of any lands or grounds in the said common called Crollade Common, anything in this Act contained to the contrary notwithstanding.
And whereas the owners and proprietors of the lands and grounds hereby intended to be drained and preserved have, in consideration of the expenses that will be necessarily incurred in making the several works aforesaid, and other works for the effectual draining and preserving thereof, agreed to pay in proportion to their properties therein the sum of three hundred pounds to the Commissioners for putting the said former Act in execution, to be applied in manner herein after mentioned.
Be it therefore enacted by the authority aforesaid that the owners and proprietors of the lands and grounds hereby intended to be drained and preserved shall on or before the first day of July next, pay or cause to be paid unto the Commissioners for putting the said former Act in execution, or to any five or more of them, or to such person or persons as they or any five or more of them shall appoint for that purpose, the sum of three hundred pounds;
And that the said sum shall be paid by the respective owners and proprietors in proportion and according to the number of acres liable to be taxed by virtue of this Act, which every such owner or proprietor shall be possessed of, or intitled to, in the said land and grounds which proportions shall be settled and ascertained by the said Commissioners or any five or more of them;
And in the case of non payment thereof, it shall be lawful for the Commissioners or any five or more of them, and they are hereby empowered to cause the same to be raised and levied upon such respective owners and proprietors so making default, or upon the tenants and occupiers of the lands and grounds in respect whereof such default shall be made, in the same manner as the rates or taxes authorised by the said former Act to be assessed or imposed, are, upon the failure of payment thereof, directed by the said former Act to be raised and levied;
And the tenants and occupiers of such land and grounds who shall pay any such sums as aforesaid, or upon whom the same shall be levied, are hereby authorised to deduct the monies so paid or levied out of the rent which they are liable to pay for such lands and grounds, and the owners and proprietors thereof are hereby required to allow such deduction upon receipt of the residue of their rent;
And every tenant making such payment shall be acquitted for so much money as the same shall amount unto, as if the same had been actually paid to such owners and proprietors respectively, except where there is a lease of three or more years to come from the commencement of this Act and in such case the proportion of the sums so settled and ascertained as aforesaid which the tenant ought to bear and pay in consideration of the benefit which he or she will receive, shall be adjudged and awarded by five or more of the Commissioners for putting the said former Act in execution;
The said sum of three hundred pounds shall be applied towards defraying the expense of erecting making and maintaining such works as the said Commissioners or any five or more of them, shall judge necessary or proper for the draining and improving the lands and grounds hereby and by the said former Act intended to be drained and preserved, any thing herein before contained to the contrary notwithstanding.
And be it further enacted by the authority aforesaid that the charges and expenses of procuring this Act shall be in like manner defrayed by the owners and proprietors and lessees of the said lands and grounds in and by this present Act mentioned and intended to be drained and preserved, in proportion to their respective properties and interests therein; which proportions shall be settled and ascertained and in case of non payment thereof, on or before the said first day of July shall be raised and levied in such manner as is herein before authorised and directed with respect to the settling ascertaining, raising and levying the said three hundred pounds; any thing herein before contained to the contrary notwithstanding.
And be it further enacted by the authority aforesaid that if any person or persons shall make any Sock Dyke or Sock Gripple on any of the said lands or grounds within the distance of ninety feet from any bank which now is, or hereafter shall be, made for keeping off the waters from any of the said lands or grounds, or more than one foot deep in any part of the said lands or grounds; every such person offending shall forfeit and pay the sum of three pence for every foot in length of such Sock Dyke or Sock Gripple for every month during which the same shall be continued, which forfeiture shall be recovered and levied by distress and sale of the offenders goods and chattels by warrant from any one or more Justice of Justices of the Peace for the said County of Huntingdon; which warrant such Justice or Justices is or are hereby required to grant upon proof of the offence by one or more credible witness or witnesses upon oath (which oath such Justice or Jusctices is or are hereby impowered and required to administer without fee or reward) and the overplus remaining after such forfeiture and necessary charges are deducted shall be returned to the offender.
And such penalty when recovered shall be apaid to the said Commissioners or any five or more of them, or to such person as they shall appoint and shall be applied towards defraying the expense of putting the said former Act or this present Act in execution; and in case sufficient distress cannot be found, such Justice or Justices shall by the same or any other warrant commit any such offender to the house of correction for any time not exceeding two calendar months.
And be it enacted by the authority aforesaid that if any action, suit or information shall be commenced or prosecuted against any person or persons for any thing done or to be done in pursuance of this Act, or in execution of any of the powers and authorities hereby given, every such action, suit or information shall be commenced or prosecuted within six calendar months next after the fact committed and not afterwards; and shall be alid or brought in the County of Huntingdon and not elsewhere and the defendant or defendants in such action or suit shall and may plead the general issue, not guilty and if in replevin, may justify and avow by virtue of the Act, as persons acting by the authority of Commissioners of Sewers are enabled to do and give this Act and the special matter in evidence without specially pleading the same (other than as aforesaid) at any trial to be had thereupon;
And that the same was done in pursuance and by the authority of this Act, and if the same shall appear to have been so done or if any such action or suit shall be brought after the time before limited for bringing the same, or shall be brought in any other County, then the Jury shall find for the defendant or defendants, avowant or avowants; or if the plaintiff or plaintiffs shall become nosuit or forbear prosecution or discontinue his, her or their suit or suits, or if any verdict shall pass against him, her or them, upon demurrer or otherwise, then in any of the said cases the defendant or avowant or avowants shall recover treble costs for which he, she, or they shall have like remedy as where costs by law are awarded.
And be it further enacted that this Act shall be deemed taken and allowed to be a publick Act and all judges justices and other persons are hereby required to take notice thereof as such without specially pleading the same.

FINIS