Act of Parliament | |
Long title | A general Act concerning Commissions of Sewers to be directed in all parts within the Realm. |
---|---|
Citation | 23 Hen. 8. c. 5 |
Dates | |
Royal assent | 14 May 1532 |
Commencement | 15 January 1532 |
Repealed | 28 July 1863 |
Other legislation | |
Amended by | |
Repealed by | Land Drainage Act 1930 |
Status: Repealed |
The Statute of Sewers (23 Hen. 8. c. 5) was a 1532 law enacted by the English Reformation Parliament of King Henry VIII. It sought to make the powers of various commissions of sewers permanent, whereas previously, each parliament had to renew their powers.
It is noted as one of the earliest occurrences in English legal history of a Henry VIII power. [1] The statute gave the commissions of sewers legislative powers, the power to impose taxation upon landowners, and the power to impose penalties for the non-payment of those taxes. Specifically, they could charge a rate on any person "who hath or holdeth any lands or tenements or common of pasture or profit of fishing or hath or may have any hurt loss or disadvantage" who lived within the area of responsibility of the Commissioners. This was the principle of benefit, and was challenged in the courts in 1609 at Keighley and the Isle of Ely. The courts on those occasions upheld the concept that rates could be levied for land that derived or would derive benefit, or had avoided or would avoid danger as a result of the work of the Commissioners. This principle was consistently upheld in the courts by a number of cases that were contested between 1788 and 1905, and remained the case until the passing of the Land Drainage Act 1930. [2]
Although the act legitimised or created commissions of sewers for most of the areas of marshland within the country, Romney Marshes in Kent were specifically excluded, and the Lords, Bailiff and Jurats of Romney Marsh continued to operate as they had previously done. [3]
The act was also intended to remove obstructions from rivers, such as mills, weirs and fish traps, with Thomas Cromwell, the king's chief minister at the time stating: "An Act that never weir nor water-mill shall hereafter be erected or made within this realm." The implementation of the act resulted in the destruction of large numbers of such structures between 1535 and 1539, with the king himself suffering a loss of income when his own mills and weirs were destroyed. The commission of sewers for Hampshire was set up on 28 January 1535, and demolition of mills on the River Itchen started in mid- or late-1535. [4] The mayor and citizens of Winchester wrote to Cromwell in 1536 to express their thanks that young salmon were once again appearing in the river, and that areas of land which had previously been flooded were now dry. However, not everyone was keen on the measures, with the letter noting that the Bishop of Winchester was unhappy about the destruction of his installation at Woodmill, and that there was opposition to carrying out the objects of the act in Hampshire by "the great lords and their officials". [5]
This approach was relatively short-lived, with officials at Hereford Cathedral and residents of the city asking Parliament to allow them to rebuild four mills in 1555, as their destruction had caused unemployment and poverty. Their request was granted, and the Bishop of Winchester's Woodmill was reconstructed around 1570. [6]
Hampshire County is a county in the U.S. state of West Virginia. As of the 2020 census, the population was 23,093. Its county seat is Romney, West Virginia's oldest town (1762). The county was created by the Virginia General Assembly in 1754, from parts of Frederick and Augusta Counties (Virginia) and is the state's oldest county. The county lies in both West Virginia's Eastern Panhandle and Potomac Highlands regions.
The River Welland is a lowland river in the east of England, some 65 miles (105 km) long. It drains part of the Midlands eastwards to The Wash. The river rises in the Hothorpe Hills, at Sibbertoft in Northamptonshire, then flows generally northeast to Market Harborough, Stamford and Spalding, to reach The Wash near Fosdyke. It is a major waterway across the part of the Fens called South Holland, and is one of the Fenland rivers that were laid out with washlands. There are two channels between widely spaced embankments with the intention that flood waters would have space in which to spread while the tide in the estuary prevented free egress. However, after the floods of 1947, new works such as the Coronation Channel were constructed to control flooding in Spalding, and the washlands are no longer used solely as pasture, but may be used for arable farming.
Romney Marsh is a sparsely populated wetland area in the counties of Kent and East Sussex in the south-east of England. It covers about 100 square miles (260 km2). The Marsh has been in use for centuries, though its inhabitants commonly suffered from malaria until the 18th century. Due to its location, geography and isolation, it was important for smugglers between the 17th and 19th centuries. The area has long been used for sheep pasture: Romney Marsh sheep are considered one of the most successful and important sheep breeds. Featuring numerous waterways, and with some areas lying below sea level, the Marsh has over time sustained a gradual level of reclamation, both through natural causes and by human intervention.
The River Rother flows for 35 miles (56 km) through the English counties of East Sussex and Kent. Its source is near Rotherfield in East Sussex, and its mouth is on Rye Bay, part of the English Channel. Prior to 1287, its mouth was further to the east at New Romney, but it changed its course after a great storm blocked its exit to the sea. It was known as the Limen until the sixteenth century. For the final 14 miles (23 km), the river bed is below the high tide level, and Scots Float Sluice is used to control levels. It prevents salt water entering the river system at high tides, and retains water in the river during the summer months to ensure the health of the surrounding marsh habitat. Below the sluice, the river is tidal for 3.7 miles (6.0 km).
The Lee Navigation is a canalised river incorporating the River Lea. It flows from Hertford Castle Weir to the River Thames at Bow Creek; its first lock is Hertford Lock and its last Bow Locks.
The River Itchen in Hampshire, England, rises to the south of New Alresford and flows 26 miles (42 km) to meet Southampton Water below the Itchen Bridge. The Itchen Navigation was constructed in the late 17th and early 18th centuries to enable barges to reach Winchester from Southampton Docks, but ceased to operate in the mid-19th century and is largely abandoned today.
New Alresford or simply Alresford is a market town and civil parish in the City of Winchester district of Hampshire, England. It is 8.0 miles (12.9 km) northeast of Winchester and 12 miles (20 km) southwest of the town of Alton.
The Thames Conservancy was a body responsible for the management of that river in England. It was founded in 1857 to replace the jurisdiction of the City of London up to Staines. Nine years later it took on the whole river from Cricklade in Wiltshire to the sea at Yantlet Creek on the Isle of Grain. Its territory was reduced when the Tideway was transferred to the Port of London Authority in 1909.
The Thames Navigation Commission managed the River Thames in southern England from 1751 to 1866. In particular, they were responsible for installing or renovating many of the locks on the river in the 18th and early 19th centuries
Mansbridge is a suburb on the northern perimeter of Southampton, England. The area is named after the Mans Bridge which spans the River Itchen. For a considerable time, this was the southernmost crossing point of the river, before the construction of Woodmill in Swaythling. The bridge itself still stands and is a Grade II listed structure but is closed to road traffic, having been replaced by a larger and more modern road bridge to carry the A27.
River boards were authorities who controlled land drainage, fisheries and river pollution and had other functions relating to rivers, streams and inland waters in England and Wales between 1950 and 1965.
The Itchen Navigation is a 10.4-mile (16.7 km) disused canal system in Hampshire, England, that provided an important trading route from Winchester to the sea at Southampton for about 150 years. Improvements to the River Itchen were authorised by act of parliament in 1665, but progress was slow, and the navigation was not declared complete until 1710. It was known as a navigation because it was essentially an improved river, with the main river channel being used for some sections, and cuts with locks used to bypass the difficult sections. Its waters are fed from the River Itchen. It provided an important method of moving goods, particularly agricultural produce and coal, between the two cities and the intervening villages.
The Hampshire County Courthouse is a Neoclassical edifice in the center of downtown Romney, county seat of Hampshire County, West Virginia. The present building was constructed in 1922 to replace the previous 1833 Neoclassical courthouse that had been destroyed by fire in 1921. The original bell from the 1833 courthouse hangs in the domed bell tower.
The Commissions of Sewers Act 1708, sometimes called the Commissioners of Sewers Act 1708, was an Act of the Parliament of Great Britain. It concerned the duties of boards of commissioners with responsibility for the maintenance of sea banks and other defences, which protected low-lying areas from inundation by the sea, and the removal of obstructions in streams and rivers caused by mills, weirs and gates. The word sewer had a much broader meaning than in modern usage, and referred generally to streams and watercourses.
The Land Drainage Act 1930 was an act of Parliament passed by the United Kingdom Government which provided a new set of administrative structures to ensure that drainage of low-lying land could be managed effectively. It followed the proposals of a royal commission which sat during 1927.
The Land Drainage Act 1961 was an Act of Parliament passed by the United Kingdom Government which provided mechanisms for river boards to raise additional finance to fund their obligations. It built upon the provisions of the Land Drainage Act 1930 and the River Boards Act 1948.
The Salmon and Freshwater Fisheries Act 1975 is a law passed by the government of the United Kingdom in an attempt to protect salmon and trout from commercial poaching, to protect migration routes, to prevent willful vandalism and neglect of fisheries, ensure correct licensing and water authority approval. This helps to sustain the rural inland freshwater fisheries industry, which employs around 37,000 people in the UK.
The River Boards Act 1948 was an Act of Parliament passed by the United Kingdom Government which provided constitutional, financial and general administrative structures for river boards, which were responsible for the management of river board areas, and superseded the catchment boards that had been set up under the Land Drainage Act 1930.
Commissions of sewers, originally known as commissions de wallis et fossatis were English public bodies, established by royal decree, that investigated matters of land drainage and flood defence. The commissions developed from commissions of oyer and terminer in the 13th century and had powers to compel labourers to work on flood defences and extract funding for repairs from landowners. The commissions were placed on a statutory basis in 1427 by an act of Parliament, the Sewers Act 1427 and were strengthened by later acts such as the 1531 Statute of Sewers and the Commissions of Sewers Act 1708. The commissions were abolished by the Land Drainage Act 1930, though some survived until after the Second World War. Their duties were assumed by internal drainage boards and river authorities.
Romney Marshes Area internal drainage board is the successor to a long line on organisations who have managed land drainage and flood defence on Romney Marsh in the counties of Kent and East Sussex in the south-east of England.