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Catalogue description LAND DRAINAGE RECORDS OF WEST SUSSEX
This record is held by West Sussex Record Office
| Reference: | LD |
|---|---|
| Title: | LAND DRAINAGE RECORDS OF WEST SUSSEX |
| Description: |
INTRODUCTION LAND DRAINAGE LEGISLATION, 1427-1515 LAND DRAINAGE LEGISLATION, 1532-1929 THE COMMISSIONERS OF SEWERS FOR THE WESTERN PART OF SUSSEX THE COMMISSIONERS OF SEWERS FOR THE RAPE OF ARUNDEL THE COMMISSIONERS OF SEWERS FOR THE RAPE OF BRAMBER LAND DRAINAGE LEGISLATION, 1930-1963 POST-1930 LAND DRAINAGE AUTHORITIES CLASSIFICATION AND PROVENANCE OF THE RECORDS BIBLIOGRAPHY ABBREVIATIONS AND CONVENTIONS THE CATALOGUE LD/1 COMMISSIONERS OF SEWERS FOR THE WESTERN PART OF SUSSEX APPOINTMENT Commissions of Sewers and Related Papers, 1818-1922 Oaths and Declarations, 1869-1922 COURT IN SESSION Minutes of the Court of Sewers, 1687-1939 Minutes of the Finance Committee of the Commissioners of Sewers, 1906-1916 Minutes of Other Committees of the Commissioners of Sewers, 1893-1900 Inquisitions and Presentments of Sewers Juries, 1731-1866 ADMINISTRATION Original Bundles, 1833-1912 Sessions Working Papers, 1890-1937 Correspondence, 1831-1939 Officers and Employees, 1895-1937/38 Miscellanea, 1890-1930 FINANCE Accounts, 1889/90-1929/30 Bank Account Books, 1913-1937 Rating and Assessment, 1828-1933 Rate Books, 1929-1939 Loans and Overdrafts, 1857-1938 Miscellanea, 1830-1934/35 LEGAL Law Suits, Opinions of Counsel, etc., 1786-1914 Public Undertakings, 1899-1937 Parliamentary, 1833-1927 Title Deeds and Agreements, 1867-1938 Miscellanea, 1809-1904 MAINTENANCE AND CONSTRUCTION Capital Works, [1820]-1934 Reports from, and Correspondence with, Surveyors, 1903-1927 General Maintenance, 1831-1938 Purchase of Materials, 1881-1938 Miscellanea, [1890]-1914 MAPS, PLANS and UNCLASSIFIED Maps and Plans Surveyor's Papers, 1914-1930 Printed Books and Pamphlets, 1864-1934 Miscellaneous Documents, 1860-[1917] LD/II COMMISSIONERS OF SEWERS FOR THE RAPE OF ARUNDEL APPOINTMENT Commissions of Sewers and Related Papers, 1787-1930 Oaths and Declarations, 1857-1931 COURT IN SESSION Minutes of the Court of Sewers, 1726-1933 Minutes of Other Committees of the Commissioners of Sewers, 1897-1929 ADMINISTRATION Sessions Working Papers, 1861-1933 Correspondence, 1932-1933 Officers and Employees, 1864-1928 Miscellanea, 1918-1930 FINANCE Accounts, 1901/2-1912/13 Rating and Assessment, 1842-1932 Rate Books, 1830-1900 Loans and Overdrafts, 1884-1900 Miscellanea, 1833-1885 LEGAL Law Suits, Opinions of Counsel, etc., 1914-1930 Public Undertakings, [1857]-1862 Parliamentary, 1860-1927 Title Deeds and Agreements, 1927 MAINTENANCE AND CONSTRUCTION Capital Works, 1906-1916 Reports from Surveyors, 1918 General Maintenance, 1923-1925 Plant and Machinery, [c. 1914/15] MAPS, PLANS and UNCLASSIFIED Level Maps, 1856 Printed Books and Pamphlets, [1929] LD/III COMMISSIONERS OF SEWERS FOR THE RAPE OF BRAMBER APPOINTMENT Commissions of Sewers and Related Papers, 1802-1929 Oaths and Declarations, 1890 COURT IN SESSION Minutes of the Court of Sewers, 1812-1933 Minutes of the Finance and General Purposes Committee of the Commissioners of Sewers, 1924-1931 ADMINISTRATION Sessions Working Papers, 1813-1931 Correspondence, 1816-1931 Miscellanea, 1807-1830 FINANCE Accounts, 1863/64-1932/33 Bank Account Books, 1918-1926 Rating and Assessment, [c. 1805]-1926 Scots, 1750-1931/32 Scot Books, 1913-1931 Loans and Overdrafts, 1872-1927 Miscellanea, 1809-1931 LEGAL Parliamentary, 1879-1927 MAINTENANCE AND CONSTRUCTION Capital Works, 1927 LD/IV SOUTH WEST SUSSEX RIVERS CATCHMENT BOARD BOARD IN SESSION Minutes of the Catchment Board, 1938-1950 Minutes of the Finance and General Purposes Committee of the Catchment Board, 1938-1950 Minutes of Other Committees of the Catchment Board, 1938-1944 Attendance Register, 1938-1950 ADMINISTRATION File Series, 1938-1950 Correspondence, 1938-1945 Record of Documents Sealed, 1938-1950 Miscellanea, 1938-1950 MAINTENANCE AND CONSTRUCTION Miscellanea, 1932-1943 UNCLASSIFIED Printed Books and Pamphlets, 1938 Miscellaneous LD/IVA SOUTH WEST SUSSEX INTERNAL DRAINAGE BOARD BOARD IN SESSION Minutes of the Internal Drainage Board, 1948-1949 ADMINISTRATION Miscellanea, 1948-1949 LD/V RIVER ARUN CATCHMENT BOARD BOARD IN SESSION Minutes of the Catchment Board, 1931-1950 Attendance Register, 1931-1950 ADMINISTRATION File Series, 1932-1950 Correspondence, 1931-1950 Record of Documents Sealed, 1932-1950 Miscellanea, 1931-1943 FINANCE Accounts, 1949/50 Rating and Assessment, 1932-1949 Loans and Overdrafts, 1943-1944 Miscellanea, 1931/32-1948/49 LEGAL Law Suits, Opinions of Counsel, etc., 1933-1935 Parliamentary, 1944 Miscellanea, 1934-1939 MAINTENANCE AND CONSTRUCTION Miscellanea, [1946] MAPS, PLANS and UNCLASSIFIED Maps and Plans Printed Books and Pamphlets, 1936 LD/VI RIVER ADUR CATCHMENT BOARD BOARD IN SESSION Minutes of the Catchment Board, 1931-1950 Minutes of the Finance and Rating Committee of the Catchment Board, 1931-1950 Minutes of the Works Committee of the Catchment Board, 1931-1950 Attendances, 1931 ADMINISTRATION Board Working Papers, 1931 Correspondence, 1931 Miscellanea, 1930-1932 FINANCE Accounts, 1931/32-1947/48 MAINTENANCE AND CONSTRUCTION Capital Works, 1931 Reports from Surveyor, 1931 MAPS AND PLANS LD/VIA RIVER ADUR INTERNAL DRAINAGE BOARD AND RIVER ADUR CATCHMENT BOARD ACTING AS THE INTERNAL DRAINAGE BOARD BOARD IN SESSION Minutes of the Internal Drainage Board and the River Adur Catchment Board acting as the Internal Drainage Board, 1933-1950 Minutes of the Finance Committee of the River Adur Catchment Board acting as the Internal Drainage Board, 1933-1950 Minutes of the Works Committee of the River Adur Catchment Board acting as the Internal Drainage Board, 1933-1950 ADMINISTRATION File Series, 1950 Miscellanea, 1933-1943 FINANCE Rate Books, 1935-1945 Loans and Overdrafts, 1935-1942 LD/VII WEST SUSSEX RIVER BOARD BOARD IN SESSION Minutes of the River Board, 1950-1965 Minutes of the Finance and General Purposes Committee of the River Board, 1950-1965 Minutes of the Works Committee of the River Board, [1952]-1965 Minutes of Other Committees of the River Board, 1950-1952 ADMINISTRATION File Series, 1950-1965 Annual Reports, 1950/51-1964/65 Miscellanea, 1950-1964 FINANCE Accounts, 1953/54-1963/64 LEGAL Parliamentary, 1945-1963 Miscellanea, 1960-1962 MAINTENANCE AND CONSTRUCTION Capital Works, 1951-1964 BOOKS, PAMPHLETS, MAPS AND PLANS Printed Books and Pamphlets, c 1944-1962 Maps and Plans, 1930s - 1953 Printed Material |
| Date: | 1687-1965 |
| Held by: | West Sussex Record Office, not available at The National Archives |
| Language: | English |
| Physical description: | 9 Subfonds |
| Access conditions: |
All the documents listed in this catalogue may be consulted for literary purposes in the West Sussex Record Office during normal office hours, but none may be reproduced in any form without permission, for which application should be made in the first instance to the County Archivist. Any documents quoted in research or a published work should bear the reference West Sussex Record Office (W.S.R.O. subsequently) LD followed by the appropriate number (e.g. West Sussex Record Office, LD/I/CC1, or W.S.R.O., LD/II/SM1) |
| Immediate source of acquisition: |
CLASSIFICATION AND PROVENANCE OF THE RECORDS The documents listed in this catalogue have been deposited in the West Sussex Record Office by a number of different authorities and individuals at various dates between 1947 and 1972. This distinction in the sources is completely accidental and a grouping of the documents in their original archival units (i.e. by drainage authority) has been adopted as the basis of this catalogue The initial fragmentation of the records has resulted in the inclusion of several of the documents in the class of Additional Manuscripts in the West Sussex Record Office; these documents are now included in the appropriate sections of this catalogue, but their Add Mss number has been retained, and this number should be quoted This catalogue supersedes pp. 190-192 of the Descriptive Report on the Quarter Sessions, other Official, and Ecclesiastical Records in the Custody of the County Councils of East and West Sussex, 1954 The catalogue mark used for the records is composed of three sections:-- (i) the reference to the drainage authority LD/I Records of the Commissioners of Sewers for Western Sussex LD/II Records of the Commissioners of Sewers for the Rape of Arundel LD/III Records of the Commissioners of Sewers for the Rape of Bramber LD/IV Records of the South West Sussex Rivers Catchment Board LD/IVA Records of the South West Sussex Internal Drainage Board LD/V Records of the River Arun Catchment Board LD/VI Records of the River Adur Catchment Board LD/VIA Records of the River Adur Drainage Board and the River Adur Catchment Board acting as the Drainage Board LD/VII Records of the West Sussex River Board (ii) the reference to the document group Appointment CC Commissions of Sewers and Related Papers CQ Oaths and Declarations Court/Board in Session SM Minutes of the Court of Sewers/Catchment Board/Drainage Board/River Board SF Minutes of the Finance Committee of the Commissioners of Sewers/Catchment Board/River Board SW Minutes of the Works Committee of the Catchment Board/River Board SO Minutes of Other Committees of the Commissioners of Sewers/Catchment Board/River Board SA Attendance Registers SP Inquisitions and Presentments of Sewers Juries Administration AO Original Bundles/File Series During the process of cataloguing it was discovered that, while many of the Commissioners of Sewers' records occurred in groups which would fit naturally into a classification based broadly on the type of document involved, a significant number were occuring in bundles containing different types of document linked by a common theme. It was decided, therefore, to list these latter as Original Bundles under the overall heading of 'Administration', and to list the more modern File Series of the Catchment and Drainage Boards under the same heading AW Sessions/Board Working Papers This group consists of documents collected or prepared by the Clerk for a Session of Sewers or Meeting of a Board. It includes committee and other reports, draft minutes, letters to be placed before the Commissioners/Board, etc AC Correspondence AE Officers and Employees AS Record of Documents Sealed AR Annual Reports AZ Miscellanea Finance FA Accounts FK Bank Account Books FR Rating and Assessment FT Rates/Taxes/Scots FB Rate/Scot Books FL Loans and Overdrafts FZ Miscellanea Legal LL Law Suits, Opinions of Counsel, etc LS Public Undertakings LP Parliamentary LT Title Deeds and Agreements LZ Miscellanea MC Capital Works MR Reports from, and Correspondence with, Expenditors/Surveyors/Engineers MM General Maintenance MP Purchase of Materials ML Plant and Machinery MZ Miscellanea ZP Maps and Plans ZS Surveyor's Papers ZW Printed Books and Pamphlets ZZ Miscellaneous (iii) the reference to the individual document in the group The documents in group LD/I were received in the West Sussex Record Office from the following sources CC13 was deposited by Messrs. Raper and Co. of Chichester in March 1950 Add Mss 2103 was deposited by the West Sussex River Board in August 1951 Add Mss 2068 was deposited by the West Sussex River Board in November 1951 CC2, CC4/1, CC5/3-4, CC7/2, CC8/1, CC8/3, CC9/1-2, CC10-11, CC12/2, CC14/4, CC15/3-5, CC16/4, CC17/6 and SP2 were deposited by the West Sussex River Board in August 1953 AO2/3, AO2/5, AO2/11, AO2/16, LL2/1-13, LS2/2-5, LS3/1-10, LP2, LP4, LP6-7, MC3/9, MC8/4-5, MC9/1, MC16/1-2, MC20/5, MC28/5-6, MP6, MZ1/1-5, ZW5 and ZZ2/1-2 were deposited by the Sussex River Authority in December 1970 Add Mss 2194 and all the remaining documents were deposited by the South West Sussex Rivers Catchment Board in March 1947 The documents in the group LD/II were received in the West Sussex Record Office from the following sources CC1/1, CC1/3, FA1/1, FA2/1 and FL2 were deposited by the South West Sussex Rivers Catchment Board in March 1947 Add Mss 1580-1588 were deposited by the ex-Clerk of the River Arun Catchment Board in July 1951 LSI and LS2/1-13 were deposited by the West Sussex River Board in January 1952 Add Mss 2105 was deposited by the West Sussex River Board in December 1952 CQ1, CQ2/1-2, SM1-7, SO1, SO1a, AW1, AW3-4, AW8-11, AC3, FR1/1-3, FR4, FR5/1-2, FB1, FZ1-4, LP1, MR1, MM1 and ML1 were deposited by the West Sussex River Board in August 1958 FR3/26 and ZP1-9 were deposited by the Sussex River Authority in December 1970 FR3/24 is a photocopy of a document in the possession of the Sussex River Authority. All the remaining documents were deposited by the Sussex River Authority in August 1971 The documents in group LD/III were received in the West Sussex Record Office from the following sources CQ1, SM1-2, SF1, FA1/1-2, FB1 and FT5 were deposited by the River Adur Catchment Board in September 1950 Add Mss 7281, 7287, 7291, 7310 and 7311 were received from the Horsham Refuse Disposal Depot in March 1965 CC1, CC3/1-2, CC4/3, CC5/3-4 and CC6-11 were deposited by Messrs. Donne, Mileham and Haddock of Steyning in December 1970 All the remaining documents were deposited by Messrs. Donne, Mileham and Haddock in June 1971 The documents in group LD/IV were received in the West Sussex Record Office from the following sources AC1-2 were deposited by the South West Sussex Rivers Catchment Board in March 1947 MZ1 was deposited by the Sussex River Authority in December 1970 AO1-34, AZ3 and ZW1 were deposited by the Sussex River Authority in August 1971 AZ1-2 and AZ4-5 are photocopies of documents in the possession of the Sussex River Authority All the remaining documents were deposited by the West Sussex River Board in May 1958 The documents in group LD/IVA were received in the West Sussex Record Office from the following sources SM1 was deposited by the West Sussex River Board in May 1958 AZ1-2 are photocopies of documents in the possession of the Sussex River Authority The documents in group LD/V were received in the West Sussex Record Office from the following sources SM1, SA1 and AS1 were deposited by the West Sussex River Board in May 1958 FL2-3, ZP1 and ZW1 were deposited by the Sussex River Authority in December 1970 AC13-16 were deposited by Messrs. Holmes, Campbell and Co. of Arundel in July 1972 AZ1-5 and FL1 are photocopies of documents in the possession of the Sussex River Authority All the remaining documents were deposited by the Sussex River Authority in August 1971 The documents in group LD/VI were received in the West Sussex Record Office from the following sources SM1-3, SF1-2 and SW1-2 were deposited by the West Sussex River Board in May 1958 Add Mss 7253 was received from the Horsham Refuse Disposal Depot in March 1965 ZP2 was deposited by the Sussex River Authority in December 1970 ZP1/1-2 were deposited by the Sussex River Authority in August 1971 AZ1-2 are photocopies of documents in the possession of the Sussex River Authority All the remaining documents were deposited by Messrs. Donne, Mileham and Haddock of Steyning in June 1971 The documents in group LD/VIA were received in the West Sussex Record Office from the following sources Add Mss 7246-7252 were received from the Horsham Refuse Disposal Depot in March 1965 FL1 was deposited by the Sussex River Authority in December 1970 AO1 was deposited by the Sussex River Authority in August 1971 AZ1-5 are photocopies of documents in the possession of the Sussex River Authority. All the remaining documents were deposited by the West Sussex River Board in May 1958 All the documents in group LD/VII were deposited in the West Sussex Record Office by the Sussex River Authority in December 1970 |
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The form in which this catalogue was published in 1973 included footnotes keyed to the text by superscript numbers. Throughout the introduction, the content of each footnote has been put, within square brackets, in the text where the superscript number was. In the catalogue, however, the former footnotes may not appear in square brackets, but as scope or Admin hist. INTRODUCTION In a county in which, at the present time, the risk of serious flooding is probably little regarded by the bulk of the population, the area of land liable to inundation if the coastal and riverside banks and sluices ceased to be maintained is surprisingly large. Many acres of pasture land in the Arun and Adur valleys and on the coastal plain owe their preservation to the existence, since the fifteenth century, of authorities charged with the responsibility of maintaining drainage works. In the words of the anonymous author of The Laws of Sewers of 1726 'This Kingdom being surrounded with the Sea, the Laws of Sewers for Defence thereof, are for their Importance equal to any; and the Commission of Sewers is an antient and honorable Commission to provide against Inundations, and all Annoyances of Streams and Rivers' [Anon., The Laws of Sewers; or the Office and Authority of Commissioners of Sewers, 1726 edition, p. 1.]. The word 'sewer' in this context is used in its original sense of 'a fresh water trench compassed in on both sides with a bank, and is a small current or little river' [Robert Callis, The Reading ... Upon the Statute of Sewers ..., 1824 edition, p.99; 'An artificial watercourse for draining marshy land and carrying off surface water into a river or the sea', O.E.D.], and not its more modern sense of a channel, usually underground, for discharging waste water and refuse from houses and towns Dr. Kirkus noted four successive approaches to the problems of land drainage in the Fenland prior to the twentieth century [A. Mary Kirkus (ed.), The Records of the Commissioners of Sewers in the Parts of Holland, 1547-1603, vol. i, Lincoln Record Society, Vol. 54, 1959, p. xii.]. These approaches are distinguished by an increasing degree of formalisation, and the first three are applicable to the situation in West Sussex. Firstly, purely local attempts were made to protect areas liable to inundation, and secondly, royal grants of temporary Commissions de walliis et fossatis occur from the thirteenth century [e.g. the grant of a Commission de walliis et fossatis for the area between 'the parish of Berghstede on the west and the parish of Felgham on the east and from them to Westregate', 28 February 1422 (Cal. Pat. Rolls, 1416-1422, p. 389). For the issue of Commissions prior to 1427, see Callis, pp. 29-30, and Woolrych, pp. 2-4.]. The third method, and that with which the pre-1930 section of this catalogue is concerned, was the establishment of the issue of Commissions of Sewers on a statutory basis and the creation of a broad legal framework within which the Commissioners could operate. This was achieved by various Acts of Parliament from 1427, of which the Statute of Sewers of 1532 was one The areas within the jurisdiction of the Commissioners of Sewers for Western Sussex were the valleys of the rivers and streams of the West Sussex coastal plain to the west of the River Arun. The areas which were under the control of the Arundel and Bramber Commissioners, however, extended across the coastal plain and northwards along the valleys of the Arun and Adur, through the chalk uplands of the South Downs into the Low Weald During the glacial periods of the Pleistocene Age sea level was much lower than at present, causing the rivers to erode their valleys below the present valley floors. In late Pleistocene and Recent times the sea level rose, drowning the lower parts of the valleys, and estuarine alluvium (a grey, silty clay) accumulated under conditions which led to the development of tidal mud flats. The construction of protective embankments around areas of these mud flats caused the deposition of estuarine alluvium to cease, with the result that the surface level of the alluvium behind the embankments is often several feet below sea level. At the same time that the estuarine conditions prevailed in the lower parts of the valleys, the upper parts were being infilled with alluvium deposited by the rivers under freshwater conditions On the estuarine alluvium there is an obvious danger of marine flooding if the embankments are topped or breached by high tides. However, on both the estuarine and the riverine alluvium the main danger of flooding results from the accumulation of fresh water in the drainage ditches, ponded back behind the sluices when high tides coincide with periods of heavy run-off. Throughout most of the year the water-table of the estuarine alluvium is very high, as this soil does not naturally drain well. The fresh-water alluvium has a high water-table during the winter, but this is likely to fall during the summer months, especially if there is a period of drought, as these soils contain a greater proportion of gravel, and are, therefore, better drained LAND DRAINAGE LEGISLATION, 1427-1515 Although all the pre-1930 land drainage records included in this catalogue derive from Commissions of Sewers issued under the provisions of the Statute of Sewers of 1532, it is necessary to examine briefly earlier legislation in order to place the 1532 Act in its proper perspective An Act of 1427 was the earliest to make statutory provision for the grant of Commissions of Sewers [6 Henry VI. c. 5.]. In consideration of 'the great damage and losses, which now late be happened by the great inundation of waters in divers parts of the realm, and that much greater damage is very like to ensue, if remedy be not speedily provided', the Lord Chancellor was permitted to issue Commissions of Sewers for the succeeding ten years [s. 1.], the greater part of the Act consisting of the form of the Commission which was to be issued [ss. 2-16]. The Commissioners were to survey 'the walls, ditches, gutters, sewers, bridges, causeys [causeway], wears [weir.], and trenches' in order to discover the extent of any damage, and to make inquiry 'by the oath as well of knights, as other good and lawful men', to discover those 'by whose default such damages have there happened'; the jury for this sworn inquest being summoned by the sheriff. The banks, ditches and sewers were to be repaired, and the owners and tenants of land which would benefit from such repairs were to be taxed according to the acreage of their land. The Commissioners were also empowered to make statutes and ordinances according to the laws and customs of Romney Marsh, to hear and determine cases which were brought before them and to punish those 'negligent or stubbornly denying to do reparation, or making of their portions' [6 Henry VI, c. 5, ss. 2-16.] Although the 1427 Act empowered Commissioners to make ordinances it omitted to give them the power to execute those ordinances and, in 1429, a further Statute was enacted to remedy this omission [8 Henry VI, c. 3.]. The 1427 Act with the additional provision of 1429 was re-enacted in 1439 for another ten years [18 Henry VI, c. 10.] and again in 1445 for a further period of fifteen years [23 Henry VI. c. 8.]. Although the parliamentary authority to issue Commissions lapsed in 1460 in practice Commissioners continued to be appointed [e.g. the Commissions issued for the area which became the Felpham and Bognor Level, 7 June 1463 and 13 February 1467 (Cal. Pat. Rolls, 1461-1467, pp. 280 and 528), see Appendix II, pp. 145-146.], but it was not until 1472 that the 1427 Act with the additional 1429 provision was again re-enacted for a further fifteen years, its application being extended at this time to 'the marches of Calais Guynes and Hammes' [12 Edward IV, c. 6.]. Later re-enactments took place in 1489 for twenty-five years [4 Henry VII. c. 1.] and in 1515 for ten years and to the next parliament after this period [6 Henry VIII, c. 10.]. The 1515 Act is noteworthy for the appearance of a clause laying down the qualifications required of Commissioners; these being the ownership of freehold land valued at £20 p.a. or inclusion in the Commission of the Peace as a justice of the quorum [s. 2; however, since 1439 (18 Henry VI, c. 11), Justices of the Peace had also been required to own land valued at £20 p.a.] LAND DRAINAGE LEGISLATION, 1532-1929 There was little, if anything, radically new in the Statute of Sewers of 1532 [23 Henry VIII, c. 5.], since most of its more important provisions had appeared in the various Acts of Sewers passed since 1427. It was, however, a codification of the law of land drainage as it stood in 1532, and its importance lies in the fact that it remained, with minor amendments, the foundation on which the land drainage law of England and Wales was based for the ensuing four hundred years [The final section (s. 20) of the Statute of Sewers limited its life to 20 years; by an Act of 1549/50 (3 and 4 Edward VI, c. 8, s. 1) the Statute was made perpetual, but was finally repealed by the Land Drainage Act of 1930 (20 and 21 George V, c. 44, s. 83).] The sixteenth century saw the passing of three further acts, in 1534, 1549/50 and 1571 [25 Henry VIII, c. 10, 3 and 4 Edward VI, c. 8, and 13 Elizabeth I, c. 9.], which made amendments or additions to the 1532 Statute, and the law then remained without alteration for the following 260 years, with the exception of a relatively minor amendment effected by an Act of 1708 [7 Anne, c. 33.]. In the nineteenth century four statutes dealing with the law of land drainage, as implemented by Commissioners of Sewers, were enacted, in 1833, 1841, 1849 and 1861 [3 and 4 William IV, c. 22, 4 and 5 Victoria, c. 45, 12 and 13 Victoria, c. 50, and 24 and 25 Victoria, c. 133.]; all these acts extended or more clearly defined certain of the powers of the Commissioners, the two most important being the Sewers Act of 1833 and the Land Drainage Act of 1861. In the last three decades before the repeal of the Statute of Sewers by the Land Drainage Act of 1930 [20 and 21 George V, c. 44.], four Land Drainage Acts became law, in 1914, 1918, 1926 and 1929 [5 George V, c. 4, 8 and 9 George V, c. 17, 16 and 17 George V, c. 24, and 20 George V, c. 8.] THE COMMISSION OF SEWERS The form of the Commission of Sewers, issued as letters patent under the Great Seal, was laid down in the Statute of Sewers of 1532 [23 Henry VIII, c. 5, ss. 2-4.] and remained virtually unchanged until the abolition of Commissions of Sewers. It would appear that the actual number of Commissioners appointed in any area gradually increased over the years; thus in Western Sussex the number of Commissioners appointed rose from 28 in 1721 to 43 in 1747, 73 in 1797 and 112 in 1860, while in the Rape of Arundel the numbers rose from 69 in 1731 to 97 in 1751, 104 in 1818 and 181 in 1857. The number of Commissioners named was always far in excess of the number who would regularly act, and, as with the Commission of the Peace, this was due to the inclusion of the local aristocracy, gentry and civil and ecclesiastical officials, in addition to those who were genuinely willing to act. A further similarity with the Commission of the Peace was that initially only a proportion, although latterly all but one or two, of the Commissioners were deemed to be of the quorum [Quorum-- 'certain individuals, among persons invested with any power, without whom any number of the others cannot proceed to execute their power', T. E. Tomlins, The Law Dictionary ..., 1810 edition. The name was derived from the first word of the phrase in the Commission of the Peace which named such justices, 'quorum A.B. unum esse volumus' [of whom we wish A.B. to be one].] The 1532 Statute of Sewers laid down that the selection of Commissioners was to be in the hands of the Lord Chancellor, Lord Treasurer and the Chief Justices of the Courts of King's Bench and Common Pleas, or by three of these of whom the Lord Chancellor was to be one [23 Henry VIII, c. 5, s. 1.]. By the nineteenth century, however, the issue of Commissions was being supervised by the Home Office The term of a Commission was established as three years in 1532, although provision was made for an earlier termination by a writ of supersedeas [s. 16.]. The term was extended to five years in 1549/50 [3 and 4 Edward VI, c. 8, s. 2.] and to ten years in 1571, at which time it was also enacted that the issue of a Commission would determine any existing Commission for that area [13 Elizabeth I, c. 9, s. 1.]. The Sewers Act of 1833 provided for Comissions to continue for ten years 'notwithstanding any demise of the Crown of these realms' [3 and 4 William IV, c. 22, s. 6.], since doubt had been expressed as to the legality of Commissions under the royal seal, following the death of the sovereign in whose name they were issued. By the Land Drainage Act of 1861 existing Commissions were held to continue until superseded, vacancies being filled, at intervals, by Warrants under the Royal Sign Manual [24 and 25 Victoria, c. 133, s. 14.] The Land Drainage Act of 1861 made provision for the issue of a Commission of Sewers for any area, upon the recommendation of the Inclosure Commissioners, following the presentation to those Commissioners of a petition from the proprietors of one-tenth of the land in that area. It was, however, laid down that no alteration in the jurisdiction of existing Commissioners of Sewers would be made without their consent [24 and 25 Victoria, c. 133, ss. 4-5.] The 1930 Land Drainage Act provided for, but did not specifically require, the abolition of Commissions of Sewers; the abolition to be performed by an Order of the Minister of Agriculture and Fisheries, confirming a scheme made under s. 4(1)(b) of the Act if within a catchment area, or made under s. 17(2)(e) of the Act if outside a catchment area [20 and 21 George V, c. 44, s. 83(1-2).]. Nevertheless the 1930 Act did make provision for Commissions to be treated, as if they had been constituted under the Act, as drainage boards for the areas under their jurisdiction, and to continue, until determined, to exercise their existing powers and also any additional powers given to drainage boards by the Act [ss. 1(4) and 83(3).] QUALIFICATIONS OF THE COMMISSIONERS The property qualifications required of a Commissioner, as prescribed in 1532, were: the ownership of freehold land valued at 40 marks (£26.67) p.a. or a life interest in land of that value; the freedom of a corporate borough and the ownership of moveables valued at £100; or admission to one of the four Inns of Court. The penalty for acting if unqualified, as laid down in the same Act, was a fine of £40 [23 Henry VIII, c. 5, s. 10.]. The Act of 1571 increased the qualification of lessees of land, for a term of years, within a Commission's jurisdiction, requiring that they should also own freehold land valued at £40 p.a. and not act in respect of the lands leased [13 Elizabeth I, c. 9, ss. 4 and 7; for a discussion of the curious wording of these sections, see Callis, pp. 291-292, and Woolrych, pp. 32-33, 37-39.]. The Sewers Act of 1833 increased the general qualifications, requiring that a Commissioner should be: in his own right or that of his wife, the owner of land, freehold or copyhold for life, valued at £100 p.a.; the lessee, for a term of 60 years or a life, of land valued at £100 p.a.; the lessee, for a term of 21 years (of which 10 years were unexpired), of land valued at £200 p.a.; the heir apparent to freehold or copyhold land valued at £200 p.a.; the agent, appointed in writing (in the case of a corporate body, under seal), of a corporate body or a Commissioner whose freehold and copyhold estates were valued at £300 p.a. and taxed by the Commission of Sewers in question; or one who had already acted as a Commissioner. In each of the first four cases the property was to be situated in the county in which the Commissioner would act or in an adjoining county [3 and 4 William IV, c. 22, s. 1.]. In addition, the 1833 Act required each Commissioner to take an oath testifying to his possession of the appropriate qualification [s. 3.], and imposed a fine of £100 on any Commissioner who acted when unqualified [s. 4.]. Ex-officio Commissioners (mayors, bailiffs, etc.) were, however, not required to qualify or take the oath of qualification provided that a certificate of authority was produced, under the hand of the legal officer of the corporation in respect of which the Commissioner acted [3 and 4 William IV, 22, s. 5.] The Commissioners were also obliged to take an oath of office, the form of which was given in the Act of 1532, that they would 'truly and indifferently' discharge the authority given to them 'without any favour, affection, corruption, dread, or malice'. This oath was to be taken, prior to acting as a Commissioner, before the Lord Chancellor, the Justices of the Peace assembled in Quarter Sessions for the appropriate county, or anyone to whom the writ of dedimus potestatem was addressed [23 Henry VIII, c. 5, s. 5.] In West Sussex it appears that the last course was that adopted, a writ of dedimus potestatem usually accompanying each new Commission. No penalty for refusal to take the oath of office was imposed initially, but the Act of 1534 punished such refusal with a fine of 5 marks (£3.33) [25 Henry VIII, c. 10, s. 2.]. This Act also extended the 1532 Act to the 'town and marches' of Calais, in northern France, and stated that a Commissioner was not compelled to act if he was named in a Commission for a county in which he did not reside [25 Henry VIII, c. 10, s. 1.] MEETINGS OF THE COMMISSIONERS The Commission of Sewers required the presence of six Commissioners, of whom three were to be of the quorum, for the performance of any legal act [23 Henry VIII, c. 5, s. 3.]. This requirement was re-enacted in 1833 [3 and 4 William IV, c. 22, s. 8.]., but in 1861 it was laid down that only three Commissioners were required to be present, except when questions of improvements in existing works and construction of new works were under discussion [24 and 25 Victoria, c. 133, s. 15; the proviso was repealed by the Land Drainage Act, 1918 [8 and 9 George V, c. 17, s. 14).]. The 1532 Act also prescribed that each Commissioner should receive four shillings 'for every day that they shall take pain in the execution' of the Commission [23 Henry VIII, c. 5, s. 13.] Until 1833 it was considered necessary that Courts of Sewers should be held within the limits of the Commission; however, the Sewers Act of that year permitted the holding of Courts within five miles of the limits of the Commission [3 and 4 William IV, c. 22, ss. 44-45.], and the 1841 Act increased this to ten miles [4 and 5 Victoria, c. 45, s. 11.] Regulations for the calling of meetings were first prescribed in 1833 [3 and 4 William IV, c. 22, s. 8.]. Meetings were usually adjourned to an agreed date, but, if it was considered necessary as a result of an emergency that a special meeting should be held, any three Commissioners could require the clerk to call such a meeting, ten days' notice having been given in a local newspaper. If imminent danger was apprehended 'from unusually high tides or any other cause' and a delay of ten days was not acceptable, then any two Commissioners could require the clerk to call a special meeting by circular letter. In either case, only the business specified in the notices convening the meetings could be discussed [3 and 4 William IV, c. 22, s. 9.] OFFICES OF THE COMMISSIONERS The Statute of Sewers permitted the appointment of a clerk, to be chosen by the Commissioners and paid two shillings per day. The Statute also made provision for the appointment and payment of wages to 'collectors [Collector--'is the Receiver of the Money order'd to be levied for the necessary Reparations of the Walls, Banks, and Sewers', Anon. The Laws of Sewers ..., 1726 edition, p. 87.], expenditors [Expenditor--'is the Person appointed by the Commissioners, to pay, disburse, or expend, the Money collected by the Tax, when paid into his Hands by the Collector, on the Reparations, Amendments, and Reformations order'd by the Commissioners', Laws of Sewers, p. 87.], and such other as shall take pain in the due execution' of the Commission [23 Henry VIII, c. 5, s. 13.], while the Commission itself permitted the appointment of 'diligent, faithful, and true keepers, bailiffs [Bailiff--'an Officer or Minister under the Commissioners of Sewers, to serve their Warrants, Precepts and Summons's relating to the Court of Sewers', Laws of Sewers, p. 86.], surveyors [Surveyor--'is one that hath the Overseeing of Defects, or Care of the Repair of Banks, Walls, and Sewers', Laws of Sewers, p. 86.], collectors, expenditors, and other ministers, and officers' [23 Henry VIII, c. 5, s. 3.]. The 1833 Sewers Act enabled Commissioners to take bonds from their officers as security for the due execution of their office [3 and 4 William IV, c. 22, s. 50.]; it also prohibited, on penalty of a fine of £100, the appointment of the same person as both clerk and treasurer, and forbade the treasurer to act in any other office under the Commissioners [3 and 4 William IV, c. 22, s. 51.] Under the Sewers Act of 1849 Commissioners were empowered to appoint a dyke-reeve [An officer with this name already existed in many Commissions of Sewers, although not in any of the West Sussex Commissions.] for each of the areas into which their Commission was divided. Every occupier of ten acres of rateable land was qualified to act as a dyke-reeve and the office was compulsory, a penalty of £20 being imposed upon refusal to act. The dyke-reeve was permitted to make a presentment, upon oath, of any breach of the ordinances of the Commissioners [12 and 13 Victoria, c. 50, ss. 3-6.] POWERS AND DUTIES OF THE COMMISSIONERS The duties of the Commissioners, as prescribed by the Statute of Sewers and their Commission, commenced with a survey of the defences against flooding and the impediments which existed to the free flow of water ('to survey the said walls, streams, ditches, banks, gutters [Gutter--'A Gutter is of less size, and of a narrower passage and current, than a Sewer is; and, as I take it, a gutter is the diminutive of a Sewer', Callis, p. 100; 'A water-course, natural or artificial; in later use, a small brook or channel', O.E.D.], sewers, gotes [Gote--'Goats be usual engines erected and built with perculleses and doors of timber, stone or brick ... [and are] ... accounted the most useful instruments for draining the waters out of the land into the sea', Callis, pp. 112-113; 'A Sluice', O.E.D., calcies [Calcey/causey [causeway]--'A Calcey or calsway is a passage made by art, of earth, gravel, stones and such like, on or over some high or common way leading through surrounding grounds for the safe passage of the King's liege people', Callis, p. 112.], bridges, trenches, mills, mill-dams, flood-gates, ponds, locks, hebbing-wears [Hebbing-wear---'... laid for the purpose of catching fish at the ebbing tide', Woolrych, p. 80.], and other impediments, lets, and annoyances'). In addition to their own survey, the Commissioners were enjoined to make enquiry by sworn inquest to discover the cause of any neglect or damage, the names of those affected by this neglect or damage, and the ownership of lands in the area ('to enquire by the oaths of the honest and lawful men of the said shire ... (by whom the truth may the rather be known) through whose default the said hurts and damages have happened, and who hath or holdeth any lands or tenements ... or hath or may have any hurt, loss, or disadvantage by any manner of means in the said places'). The Commissioners were empowered to order the repair of the defences and the removal of impediments ('to reform, repair, and amend the said walls, ditches, banks, gutters, sewers ... in all places needful; and the same, as often, and where need shall be, to make new ... and further to reform, amend, prostrate, and overthrow all such mills, streams, ponds, locks ... and other impediments, and annoyances aforesaid, as shall be found by inquisition, or by your surveying and discretions to be excessive or hurtful'). The works which the Commissioners found necessary were to be financed by the levying of a rate or tax on those who benefitted from those works One of the key clauses in the Statute and Commission gave the Commissioners power, as justices in a court of record, to hear and determine cases brought before them 'as well at our suit, as at the suit of any other whatsoever complaining before you' [The position of the Court of Sewers as a court of record is considered in Callis, pp. 195-198, and Kennedy & Sandars, pp. 49-50.]. The Commissioners were also permitted to make 'statutes, ordinances and provisions' when they decided that this was necessary, and in order to compel those 'negligent, gainsaying, or rebelling in the said works, reparations or reformations' they were empowered to punish them 'by distress, fines, and amerciaments, or by other punishments' The powers granted to the Commissioners in the sixteenth century were very extensive, nevertheless two checks on these powers existed, one probably intentional, the other unintended. The emphasis of the Statute of Sewers on the need to summon a jury and act on their presentment can be seen as an in-built check on the Commissioners. However, the erosion of the powers of the Commissioners by the courts, a result of the loose wording of the Statute, was seen by Kennedy and Sandars as making necessary future amendments of the law to restore these powers [Kennedy & Sandars, pp. 2-3 and 6.] (1) THE SEWERS JURY Kennedy and Sandars regarded the necessity of summoning a jury and acting on their presentment as a check, imposed by the legislature, upon the very extensive powers granted to the Commissioners in the sixteenth century [Kennedy & Sandars, p. 2.]. However, whatever the original intention of the framers of the Statute, by the eighteenth century the Commissioners of Sewers in West Sussex were summoning juries only on rare occasions The procedure to be adopted when the Commissioners inquired by jury into any matter and the jury presented their findings, was formally laid down for the first time in 1833. However, in practice this Act only gave statutory force to a procedure which was already broadly in existence The Commissioners were to issue their precept to the sheriff of the county (who acted by virtue of the writ of attendance at Sewers addressed to him, which appears to have accompanied every Commission) to summon a jury of between 18 and 48 persons who were qualified to serve on grand juries at Quarter Sessions. Seven days notice of the taking of the inquisition was necessary, and the jury was then sworn before the Commissioners and charged to make their inquisition into the matter in question. Witnesses could be questioned on oath, and the jury's verdict would be given in the form of a presentment to the Court, from which the Commissioners would formulate their ordinances [3 and 4 William IV, c. 22, s. 11.]. Prior to 1833 there had been some doubt as to the necessity of a new presentment from the jury whenever rates were levied for work undertaken by the Commissioners; however, the Sewers Act of that year directed that once a presentment had been made of those liable for the maintenance of any works, this presentment would stand for the term of the Commission under which it was made [3 and 4 William IV, c. 22, s. 13.] In 1861 it was enacted that the Commissioners might, without the presentment of a jury, make any order previously made with a presentment [24 and 25 Victoria, c. 133, s. 33.]; the appeal against 'any order, requisition, or rate' made thus, was to lie with Quarter Sessions [24 and 25 Victoria, c. 133, s. 47.]. This latter provision was necessary since any appeal against a presentment could be initiated by entering an objection--a traverse to the presentment. Issue was then joined by the Commissioners upon the traverse, a traverse jury being sworn, a trial commenced, and a verdict ultimately arrived at, which either confirmed or set aside the presentment. If no presentment was made, as could be the case after 1861, no traverse could be entered, and therefore some other means of appeal was necessary (2) ORDINANCES AND DECREES The Statute of Sewers emphasised the powers of the Commissioners to 'make, constitute, and ordain laws ['A Law is properly a matter which hath taken his essence and power by a custom time out of memory ... or else is a matter acted and enacted in Parliament by the King and the great Council of the realm, and by the authority thereof, for the ordering of men's bodies, lands, and goods', Callis, p. 335.], ordinances ['An Ordinance ... is a law but of a secondary power, enacted by a corporation, company, or commission, proceeding merely out of the power and prerogative of the King by charter, grant, or commission warranting the same', Callis, p. 335.], and decrees ['A Decree is neither a law nor ordinance in proper definition, but is only a sentence or judgment in a court of justice, delivered or declared by the judges there, by and through the power and strength of a general former law', Callis, p. 336.] ... and the same laws and ordinances so made, to reform, repeal, and amend, and make new' [23 Henry VIII, c. 5, s. 7.]. Any ordinance so made was to remain in force for the period of the Commission, but, in order to obtain some degree of continuity, it was enacted that ordinances which were engrossed on parchment and certified under the seals of the Commissioners into Chancery to receive the royal assent would remain in force until repealed by a future Commission [23 Henry VIII, c. 5, s. 17.]. This provision was amended by the Statute of 1571 which directed that ordinances, if engrossed on parchment as indentures and sealed by six Commissioners, should remain in force for one year after the expiry of the Commission without the necessity for the royal assent [13 Elizabeth I, c. 9, ss. 1-2; one part of the indenture was to remain with the clerk, the other part 'in such place as the same commissioners ... shall order and appoint'; for an example of such an ordinance, see Chichester City Archives AY/125 (an ordinance of the Commissioners of Sewers 'within the Rapes of Chechester and Arondell', 22 August 1592).] The Justices of the Peace for the county (a minimum of six, of whom two were to be of the quorum) were empowered to enforce any such ordinance for the year that it remained effective [13 Elizabeth I, c. 9, s. 2.]; if, however, a new Commission of Sewers was issued within the year, this power ceased [13 Elizabeth I, c. 9, s. 3.]. A distinction was made between 'naturally' expiring Commissions and those determined by a writ of supersedeas, and in the latter case such written and sealed ordinances were to stand until repealed by a future Commission [13 Elizabeth I, c. 9, s. 1.]. The Sewers Act of 1833 considerably simplified the law in respect of the ordinances of the Commissioners, by requiring only that an ordinance be entered in the books of the court by the clerk for it to remain in force until altered or repealed by a future Commission [3 and 4 William IV, c. 22, s. 7.] (3) PUNISHMENTS AND PENALTIES Commissioners had several means at their disposal of enforcing their will on those guilty of contempt of court, disobedience to their ordinances, malicious damage to works, refusal to accept an office, neglect of repairs, etc. It was held that the Commissioners had the power, de jure, of punishing by imprisonment as a final sanction, on the grounds that they were a court of record and that the Statute of Sewers authorised imprisonment in the words 'or by other punishments, ways, or means, which to you ... shall seem most expedient' [23 Henry VIII, c. 5, s. 3; see Callis, pp. 199-206, and Woolrych, pp. 205-208.]. Nevertheless it would seem that, de facto, this power was held to apply only to contempts committed in the Commissioners' presence. The power of punishing by distress or inflicting fines or amercements was also granted by the Statute of Sewers [23 Henry VIII, c. 5, s. 3.]. Fines were more arbitrary than amercements since they were not, unless imposed by presentment of a jury, traversable; they were usually imposed as a penalty for a wilful act. Amercements were usually imposed by presentment of a jury as a penalty for neglect of repair. Until 1833 distress could only be used as a penalty for the non-payment of rates [See p. xxii.], the power to enforce the payment of fines and amercements by distress being first granted by the Sewers Act of that year [3 and 4 William IV, c. 22, s. 53.], the procedure to be followed being defined by the 1849 Sewers Act [12 and 13 Victoria, c. 50, s. 7.]. Under the Act of 1571, all fines and amercements had to be estreated (or returned) annually into the Exchequer [13 Elizabeth I, c. 9, s. 6.]; however, under the Sewers Act of 1833, all such fines and amercements were to be paid to the Treasurer for defraying the general expenses of the Commission of Sewers [3 and 4 William IV, c. 22, s. 53.] The case of Edward Woods of Pagham, who came to the attention of the Commissioners of Sewers for Western Sussex in 1734 for refusing to carry out certain repairs, illustrates the increasing severity of the Commissioners' orders as they attempted to enforce their will. It also provides the only example in West Sussex of an order of committal to prison by the Commissioners In 1731 a Sewers Jury had presented that Edward Woods should repair a section of Pagham Wall and also those parts of Pagham and Forbridge Rives adjacent to lands in his occupation [See LD/I/SP1.]. No further action is recorded until 1734, when, on 13 April, the Commissioners ordered that Edward Woods Do forthwith repair and amend so much of Pagham wall against the sea as belongs to him to amend, it being certifyed to the said Commissioners and fully Proved before them that such part of the said sea wall is very much out of repair and (if it be not speedily amended) may occacion an Inundacion of the sea into the said Levell [LD/I/SM1/1, pp. 217-218.] Woods presumably made no attempt to comply with this order, and, after two months, on 17 June, the Commissioners ordered that Edward Woods be Proceeded against according to Law for not drawing the Rife in the Level of pagham and Roncton and for not Repairing the Sea Banks unless on notice he shew Cause to the Contrary before the Twenty Second day June Instant at the Swan of Chichester [LD/I/SM1/1, p. 221.] The Commissioners allowed the matter to rest for six months, but by December their patience was finally exhausted, and in three consecutive meetings, on 6, 27 and 28 December, they took swift action Ordered That a precept be forthwith issued under the Hands and Seales of Six Commissioners of the Sewers to give notice to Edward Woods of Pagham Yeoman That a Fine of Fifty Pounds will be set On him if he doe not within twenty dayes Cleanse part of two Riths or Sewers and repair so much of Pagham Wall against the Sea as doth belong to him to cleanse and to repair ... and the said Edward Woods to have notice to appear before us on the twenty Seventh day of this Instant December to give an Account of the premisses [LD/I/SM1/1 p. 222-223.] Proof being now made of Service of the Precept upon Edward Woods directed the last Session and he not appearing now before the Commissioners they doe order a Fine of Fifty Pounds to be set upon him for his Contempts of orders and neglecting to Cleanse and repair the Ryths and Sea Wall in the said Precepts mentioned and doe order a precept to be forthwith sent under the Hands and Seales of Six of the Commissioners of the Sewers for apprehending and bringing the said Edward Woods before them to Shew cause why he should not pay such fine [LD/I/SM1/1 p. 224.] Att this Session Edward Woods appeared and confessed that he had not cleansed and repaired part of the riths Sewers and Sea Walls within the Level of Pagham and Roncton according to the notice so to doe by him received and being charged to have Spoken Contemptuous words concerning the Commissioners, the Commissioners now present did set a Fine of Fifty pounds upon him for such his Contempt and neglect which he refuseing to pay Warrant was Immediately Sealed for his being Committed A prisoner to the Goal [Gaol] of the said County of Sussex [LD/I/SM1/1 pp. 224-225.] Unfortunately nothing further is known of the fate of Woods, although it would appear unlikely that he was actually imprisoned Remedy against actions of the Commissioners could be obtained in the following ways (a) Writ of Certiorari. By this writ the Court of King's Bench compelled inferior jurisdictions to send the records of their proceedings before it, in order that the legality of those proceedings might be enquired into [Certiorari--'An original writ issuing out of the Court of Chancery or K[ing's] B[ench] directed in the King's name to the judges or officers of the inferior courts, commanding them to certify, or to return the records of a cause depending before them; to the end the party may have the more sure and speedy justice before the King', T. E. Tomlins, The Law Dictionary ..., 1810 edition.] (b) Writ of Mandamus. By this writ the Court of King's Bench exercised its 'superintending and controlling power over public officers and those vested with the administration of law' [Kennedy & Sandars, p. 173.] and compelled the defendants to do an act required by common law or statute, which they had hitherto refused or neglected to do ['A writ of Mandamus (considered as a remedy for the refusal or neglect of justice), is, in general, a command, issuing in the King's name from the Court of King's Bench, and directed to any ... inferior court of judicature ... requiring [them] to do some particular thing therein specified, which appertains to their office and duty', T. E. Tomlins, 'The Law Dictionary', 1810 edition] (c) Injunction. Any undue exercise of authority by Commissioners of Sewers could be controlled by the grant of an injunction to restrain the proceedings of the Court of Sewers [Injunction--'A kind of prohibition granted by Courts of Equity in divers cases; it is generally grounded upon an interlocutory order or decree out of the court of Chancery, or Exchequer on the equity side, to stay proceedings in courts at law', T. E. Tomlins, op. cit.] (d) Indictment. 'A remedy by indictment is available against Commissioners of Sewers in all cases where public bodies would be indictable' [Kennedy & Sandars, p. 183.], i.e. where acts were committed in excess of their statutory powers, or if unnecessary or unreasonable acts were committed, even if within these powers [Indictment--'A bill or declaration of complaint drawn up in form of law, exhibited for some offence, criminal or penal, and preferred to a grand jury; upon whose oath it is found to be true, before a judge or court, having power to punish or certify the offence', T. E. Tomlins, 'The Law Dictionary', 1810 edition] (e) Action. The common law right of action was available to any person who suffered loss or damage in consequence of the acts or defaults of the Commissioners [Action--'The form of a suit given by law for recovery of that which is one's due; a legal demand of a man's right', T. E. Tomlins, 'The Law Dictionary', 1810 edition] (4) ASSESSMENT AND RATING The Statute of Sewers of 1532 permitted the Commissioners to levy a rate for the purposes of repairing the works mentioned therein, paying the wages of clerks and other officers, and paying the daily fee of the Commissioners [23 Henry VIII, c. 5, s. 3.]. The Sewers Act of 1833 extended the purposes for which the sewers rates could be used, by authorising the payment of the expenses of the clerk and other officers and witnesses attending the Court, and also expenses incurred in surveying and valuing lands, making, collecting and expending rates, hearing objections to such rates, carrying on litigation, and the contingent expenses of working the Commission [3 and 4 William IV, c. 22, s. 16.]. Under the Land Drainage Act of 1861 rates could be levied by Commissioners 'for defraying all costs, charges, and expenses incurred or to be incurred by them under the authority of any Act of Parliament, law, or custom' [24 and 25 Victoria, c. 133, s. 38.] Rates were generally levied on the occupiers of property; nevertheless the Land Drainage Act of 1861 laid down that when the rate was to defray the expenses of improvements to existing works or the construction of new works, costing more than £1000, it was deemed to be a special rate and was to be levied on the owners of property [24 and 25 Victoria, c. 133, s. 38.] The principle of rating established by the Statute of Sewers provided that 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 by any manner of means in the said places [i.e. within the Commissioners' jurisdiction]' was liable to be rated [23 Henry VIII, c. 5, s. 3.]. This 'principle of benefit' can be stated in modern English thus: any property lying within the jurisdiction of a Commission of Sewers which had derived or would derive direct benefit, or had avoided or would avoid danger, by reason of the Commissioners' operations was liable to pay a rate in respect of those operations in proportion to the benefit received Initially the rates collected by most, if not all, Commissions of Sewers were levied on the acreage of the property involved. The legal justification for acreage rates appears to have been that part of the Statute of Sewers which read 'and all those persons, and every of them, to tax, assess ... after the quantity of their lands, tenements, and rents, by the number of acres and perches' [23 Henry VIII, c. 5, s. 3.]. However, by the early years of the nineteenth century the practice of rating by the value of the property (usually adopting the Poor Rate assessment of the annual value) was becoming more widespread. The justification for levying annual value rates appears to have been the continuation of the above quoted section of the Statute of Sewers, that taxes should be levied 'after the rate of every person's ... profit' [23 Henry VIII, c. 5, s. 3.]]. This practice received support from several decisions in the law courts in the late nineteenth century, especially the decision of Lord Justice Blackburn in the case of Griffiths versus Longdon and Eldersfield Drainage Board, that 'the rate is to be levied upon those who are benefitted by works according to the value of their properties' The 1833 Sewers Act legalised an existing situation by permitting the Commissioners to make a separate rate for every level or sub-division of level, the money thus raised to be used solely for the purposes of that level [3 and 4 William IV, c. 22, s. 14.]. The Sewers Act of 1841 permitted the levying of a General Sewers Tax--a tax in gross on lands within the jurisdiction of the Commissioners which would contribute in proportion to the benefit they received or were likely to receive. The tax was to be apportioned among the occupiers of the land 'in such proportions and upon such individuals as of right ought to pay the same', and was to provide for the expenses incurred in surveying or valuing lands, making, collecting and expending rates, hearing objections to such rates, carrying on litigation, paying the expenses of the clerk and other officers and witnesses attending the Court 'and for the payment of all other necessary allowances, charges, and expenses of putting the several recited Acts into execution, and the contingent expenses of working the Commissions of Sewers' [4 and 5 Victoria, c. 45, ss. 1-2; the 'said several recited Acts' were 23 Henry VIII, c. 5, 3 and 4 Edward VI, c. 8, 13 Elizabeth I, c. 9, and 3 and 4 William IV, c. 22.] The 1841 Act also allowed the Commissioners to borrow money, over a period no longer than seven years, for the general purposes of the Commission as previously stated. The Commissioners were empowered to make an ordinance charging the General Sewers Rate with the repayment of the money and interest, and a security, in the form of a certificate under the hands and seals of six Commissioners, could be granted to the person advancing the money [4 and 5 Victoria, c. 45, ss. 4-5; the form of the security to be granted by the Commissioners was laid down in s. 5.]. The Land Drainage Act of 1861 extended the borrowing powers of the Commissioners, by permitting them to mortgage the rates 'for the purposes of defraying any costs, charges, and expenses incurred or to be incurred by them under the authority of any Act of Parliament, law or custom'. The sanction of the Inclosure Commissioners was required before any such mortgage could proceed and the time for repayment was limited to thirty years [24 and 25 Victoria, c. 133, s. 40.] The 1918 Land Drainage Act contained the provision that the powers of a Commission of Sewers included, and should always be deemed to have included, the powers of levying rates on the basis of annual value or on the basis of acreage [8 and 9 George V, c. 17, s. 4(1).]. The same Act also made provision for the differential rating of any part of the area within the jurisdiction of the Commissioners, and also for the total or partial exemption from rates of any special class of land [8 and 9 George V, c. 17, s. 4(2).] The Commissioners possessed extensive powers with regard to the non-payment of rates and taxes, the 1532 Act authorising them to sell or lease out the assessed lands of any person refusing to pay a tax, provided that the decree of any such sale was engrossed on parchment and certified, under the seals of the Commissioners, into Chancery to receive the royal assent [23 Henry VIII, c. 5., s. 8.]. This power was only held initially to extend to freehold land and it was not until 1708 that similar powers were granted over copyhold lands [7 Anne, c. 33, ss. 1-2; for the reason for the exclusion of copyhold lands from the 1532 Act, see Callis, p. 245.]. The Sewers Act of 1849 re-defined the law relating to the recovery of sewers rates or fines. Upon complaint from an officer of the Court that any person refused to pay rates or fines, a Commissioner could issue his summons to the defaulter to appear before the Court and show cause for his refusal. Upon proof of service of the summons and a continued refusal to pay, two Commissioners were to issue their warrant to levy the amount, with costs, by distress and sale of the goods of the defaulter [12 and 13 Victoria, c. 50, s. 7.] (5) MAINTENANCE AND CONSTRUCTION OF WORKS The works which the Statute of Sewers and the Commission listed as lying within the jurisdiction of Commissioners were: walls, ditches, banks, gutters, sewers, gotes, calcies, bridges, streams, trenches, mills, milldams, floodgates, ponds, locks, hebbing wears, wears, hecks [Heck--'A grating or frame of parallel bars in a river to obstruct the passage of fish, or other solid bodies, without obstructing the flow of water', O.E.D.], kedels [Kedel--'A dam, weir, or barrier in a river having an opening in it filled with nets or other appliances for catching fish', O.E.D.], fishgarths [Fishgarth--'A dam or weir for catching fish', O.E.D.] and gores [Gore--'A narrow slip of land', T. E. Tomlins, The New Law Dictionary ..., 1810 edition; 'A whirlpool', O.E.D.] 'in the rivers, streams and other floods'. By the nineteenth century doubts were being expressed as to the exact extent of the Commissioners' powers, and the Sewers Act of 1833 re-defined the works which were to be regarded as within the jurisdiction of Commissioners of Sewers as: coastal and sea defences ('all walls, banks, culverts, and other defences whatsoever, whether natural or artificial, situate or being by the coasts of the sea'); rivers, etc., which were navigable or tidal, and connected streams ('all rivers, streams, sewers, and watercourses which now are, or hereafter shall or may be navigable, or in which the tide now does or hereafter shall, or may ebb and flow, or which now do or hereafter shall or may directly or indirectly communicate with any such navigable or tidal river, stream or sewer'); and defences erected on such rivers ('all walls, banks, culverts, bridges, dams, floodgates, and other works erected or to be erected in, upon, over, or adjoining to any such rivers, streams, sewers, or watercourses') [3 and 4 William IV, c. 22, s. 10.]. The 1861 Land Drainage Act extended the jurisdiction of the Commissioners to 'all Rivers, Streams, Drains, Sewers, and Passages through which Water flows' [24 and 25 Victoria, c. 133, s. 3.] The position of the Commissioners with regard to the maintenance and improvement of existing works and the construction of new works was not statutorily defined until the nineteenth century. It will be appreciated that in both cases it was necessary that the Commissioners were granted the authority, firstly to undertake the work, secondly to purchase any land which might be necessary, and thirdly to borrow any money which might be needed either for the purchase of land or the construction of the works It had always been held that the Commissioners were empowered to maintain existing works, and it was generally held that this power extended to the improvement of such works. The 1861 Land Drainage Act finally removed all doubts on this latter score, provided that the expenses of such improvement did not exceed £1000 [24 and 25 Victoria, c. 133, ss. 16 and 29.]. If a greater expenditure was involved, the Commissioners were required to make plans and estimates available with a list of the names and addresses of the proprietors of the land to be charged with the cost of the works. They were required to publish weekly, for a period of two months, a notice giving details of the works, and also to place a copy of the notice on the church door of the parishes affected by the works for three successive Sundays [24 and 25 Victoria, c. 133, s. 29.]. If, within the two months, the proprietors of half the area to be charged with the cost of the works dissented in writing, the works could not proceed [24 and 25 Victoria, c. 133, s. 31.]. The Sewers Act of 1833 permitted the Commissioners, for the first time, to purchase land for the purpose of maintaining and improving existing works [3 and 4 William IV, c. 22, ss. 24-38; the form of conveyance to the Commissioners was laid down in s. 25; s. 39 of the same Act empowered the Commissioners to sell unwanted lands, the form of conveyance from the Commissioners being laid down in s. 40.]. The same Act also permitted the Commissioners to borrow money, over a period no longer than 14 years, for the purchase of land (to be used for the maintenance and improvement of existing works) and for the actual maintenance and improvement of existing works; it being enacted that, before a loan was taken up, it was necessary for the Commissioners to obtain the consent in writing of the owners and occupiers of three-quarters, in value, of the land to be charged with the repayment of the loan. The Commissioners were empowered to make an ordinance charging the lands which received benefit from the works with the repayment of the money and interest, and a security, in the form of a certificate under the hands and seals of six Commissioners, could be granted to the person advancing the money. [3 and 4 William IV, c. 22, ss. 41-43; the form of security to be granted by the Commissioners was laid down in s. 42] Although it was the opinion of Kennedy and Sandars that 'it was probably the intention of the authors of the statute of Henry VIII [Statute of Sewers of 1532] that Commissioners of Sewers should have power to order the construction of new works' [Kennedy & Sandars, p. 59.] the wording of the Statute ('and where need shall be, to make new') was not sufficiently definite, and decisions of the courts in the seventeenth century [Principally the decision of Sir Edward Coke in the Isle of Ely Case, 1609.] led the Commissioners to hold themselves to be prohibited from constructing new works. This inability to authorise such works meant that, if new works were unavoidable, the only legal means of constructing them was by obtaining the passing of a local Act of Parliament empowering a specific Commission of Sewers to erect new works, or more frequently, appointing a separate body with these powers in addition to those of a Commission of Sewers [See, for example, the relationship of the Trustees of the River Adur Navigation and the Commissioners of Sewers for the Rape of Bramber, discussed on p. xlii.] The 1833 Act was the first in which powers to permit the erection of new works were expressly given to the Commissioners [3 and 4 William IV, c. 22, s. 19.] However, these powers were circumscribed by the need to obtain the consent, in writing, of the owners and occupiers of three-quarters, in value, of the lands to be charged with the costs involved [3 and 4 William IV, c. 22, s. 21]. These restrictions were eased, to a great extent, by the Land Drainage Act of 1861, under which no restriction was placed on the construction of new works involving the expenditure of less than £1000 [24 and 25 Victoria, c. 133, ss. 16 and 29.]. In the case of the expenditure of more than £1000, the dissent, in writing, of the proprietors of half the area to be charged with the costs of the new or improved works was required to prevent their construction [24 and 25 Victoria, c. 133, s. 31.] The procedure to be adopted was similar to that followed when the expenditure of more than £1000 was proposed for the maintenance and improvement of existing works. The authority to purchase land for the purpose of erecting new works was included, for the first time, in the 1861 Act, parliamentary sanction being necessary in those cases where the agreement of the owner could not be obtained [24 and 25 Victoria, c. 133, ss. 16 and 21-28.]. The power to borrow money for the construction of new works was included in the 1833 Act, and the procedure to be adopted was similar to that followed when money was borrowed for purposes of maintenance and improvement [3 and 4 William IV, c. 22, s. 41.] The 1861 Act included a classification of the powers of the Commissioners in the fields of maintenance and construction. These powers were defined as follows: 'cleansing, repairing, or otherwise maintaining in a due State of Efficiency any existing Watercourse or Outfall for Water, or any existing Wall or other Defence against Water ... "Maintenance of existing Works"'; 'deepening, widening, straightening, or otherwise improving any existing Watercourse or Outfall for Water ... or raising, widening, or otherwise altering any existing Wall or other Defence against Water ... "Improvement of existing Works"'; and 'making any new Watercourse or new Outfall for Water, or erecting any new Defence against Water ... "Construction of new Works"'[24 and 25 Victoria, c. 133, s. 16.] BOUNDARIES OF THE COMMISSION The area over which the Commissioners exercised jurisdiction was broadly laid down in the appointing Commission; thus the three Commissions operating in West Sussex were issued for 'the Western Part of the County of Sussex' (in practice, the Rape of Chichester and a small part of Arundel Rape), the Rape of Arundel, and the Rape of Bramber. Their de facto authority, however, extended only to certain areas, usually called 'levels', within these broad limits. The levels were areas which were liable for the maintenance of a particular sewer, sluice, bank, etc., and were generally the areas which would be directly affected if that sewer, sluice or bank was not maintained. The inclusion of a piece of land in a level was, however, by the eighteenth and nineteenth centuries, largely a question of historical precedent--as witness the presentments of the Sewers Juries, whose invariable criterion for the rating of land was whether it had been rated previously The 1833 Act legalised an existing situation by permitting the Commissioners to specify the boundaries of the levels and their sub-divisions [3 and 4 William IV, c. 22, s. 14.]. The Commissioners were given power, by the 1849 Sewers Act, to partition districts within their jurisdiction into sub-districts, and to unite districts or sub-districts into larger units; they were also empowered to levy a separate rate for the new areas [12 and 13 Victoria, c. 50, ss. 1-2.] The 1918 Land Drainage Act enabled the Board of Agriculture and Fisheries, upon the petition of a Commission of Sewers, to make an Order defining the limits of that Commission, such Order to have effect as an Act of Parliament after 30 days and after confirmation by the Board, unless a memorial was presented by a person or body affected thereby, in which case confirmation by Parliament was necessary [8 and 9 George V, c. 17, ss. 1-2.]. The 1918 Act also permitted the Board of Agriculture and Fisheries to make an Order altering the boundaries of a Commission of Sewers upon its own initiative, or upon the petition of: the proprietors of one-tenth of the area proposed to be added to or excluded from the jurisdiction of the Commission; the Commission of Sewers affected; or the council of a county or county borough in which the land affected was situated [8 and 9 George V, c. 17, ss. 1-2.]. Such an Order would not be made without the consent of the Commissioners, or if one-third of the proprietors of the area proposed to be added or excluded objected, and it was to have effect as an Act of Parliament after 30 days and after confirmation by the Board, unless a memorial was presented by a person or body affected, in which case confirmation by Parliament was necessary. A county or county borough council, in which a Commission of Sewers was situated, could also, under the 1918 Act, present a petition to the Board of Agriculture and Fisheries for the transfer to that council of the powers and obligations of the Commission of Sewers [8 and 9 George V, c17, s. 1(2).] DRAINAGE DISTRICTS The establishment of drainage districts with elective drainage boards, as an alternative, to Commissions of Sewers [Evidence given before the Royal Commission on Coast Erosion and Afforestation noted that Drainage Boards 'appear to be generally formed where there is a number of small holders in a district, Commissions of Sewers generally where there are owners having large areas to be protected from inundation' (Third Report of the Royal Commission on Coast Erosion and Afforestation [Cd. 5708], p. 97, H.C. (1911), xiv).], was permitted under the provisions of the Land Drainage Act of 1861 [24 and 25 Victoria, c. 133, ss. 63-71.]. A petition for the establishment of a drainage district had to be presented to the Inclosure Commissioners by the proprietors of one-tenth, in acreage, of the area to be so designated. Upon the receipt of a satisfactory report from their Inspector and the consent of two-thirds of the proprietors of the area, the Inclosure Commissioners could, by Provisional Order, constitute the area a drainage district and name the members of the first board for that district; such Provisional Order to be confirmed, as soon as possible, by an Act of Parliament. It was provided, however, that any area under the jurisdiction of Commissioners of Sewers, a Borough Council, a Local Board of Health or Improvement Commissioners, should not be constituted a drainage district without the consent of that authority. The rules as to the election of members to, and the proceedings of, the board were laid down in the Schedule to the Act. Once constituted, a drainage board was permitted to exercise all those powers exercised by Commissioners of Sewers [24 and 25 Victoria, c. 133, s. 67.] The Land Drainage Act of 1918 extended the provisions of the 1861 Act by enabling the Board of Agriculture and Fisheries to establish drainage districts upon the application of the council of a county or county borough in which the land affected was situated, or on its own initiative, as well as on the petition of the proprietors of one-tenth of the area to be so designated [8 and 9 George V, c. 17, ss. 1-2.]. The Order establishing such a drainage district would not have been made if one-third of the proprietors of the area objected. The Board of Agriculture and Fisheries was also permitted to make an Order altering the boundaries of a drainage district upon its own initiative or upon the petition of: a council of a county or county borough in which the land affected was situated; the proprietors of one-tenth of the area proposed to be added to or excluded from the drainage district; or the drainage board of the district proposed to be altered. Such an Order would not be made without the consent of the drainage board, or if one-third of the proprietors of the area proposed to be added or excluded objected [8 and 9 George V, c. 17, ss. 1-2.]. In the case of either the establishment of a drainage district or the alteration of the boundaries of a drainage district, any Order was to have effect as an Act of Parliament after 30 days and after confirmation by the Board, unless a memorial was presented by a person or body affected, in which case confirmation by Parliament was necessary THE COMMISSIONERS OF SEWERS FOR THE WESTERN PART OF SUSSEX Commissions de walliis et fossatis were issued, before 1427, for the area which eventually became the Felpham and Bognor Level, and Commissions of Sewers were issued, under the Act of that year, for the same area in the fifteenth century [For a list of Commissions issued after 1427, see Appendix II, towards the end of this Scope and Content]. In the sixteenth century and the first half of the seventeenth century Commissions were issued, under the provisions of the Statute of Sewers of 1532, for the county of Sussex as a whole, but from 1644 Commissioners were appointed for the Rapes of Chichester and Arundel, and this title was used by the Commissioners themselves until the fourth decade of the eighteenth century. In 1700 a Commission was issued for the Rape of Chichester 'and for soe much of the Levell called Felfham and Bognor as is lyeing in the Rape of Arundell' [That part of the Felpham and Bognor Level which was in the parishes of Eastergate, Barnham, Felpham and Yapton lay in the Rape of Arundel.].; however, the first Commission entered in full in the minute books, that of 10 July 1721, appointed twenty-eight Commissioners to act 'within the Western part of our County of Sussex' and this, with minor variations, was the title used by the Commission for the remainder of its existence The Land Drainage Act, 1930, provided that Commissions of Sewers were to be treated, for the purposes of the Act, as if they had been constituted under the Act as drainage boards for the areas under their jurisdiction, and were to continue in force until abolished by an order under s. 4(1)(b) of the Act [20 and 21 George V, c. 44, ss. 1(4) and 83(2).]; meanwhile, they were to exercise their existing powers and also any additional powers provided by the Act [20 and 21 George V, c. 44, ss. 1(4) and 83(3)]. On 29 October 1930 the Commissioners resolved that 'the name of the Commission should hereafter be "The Western Sussex Drainage Authority", and that a Seal so engraved should be obtained' [I/SM8, pp. 43-44.] The rights and obligations of the Commissioners of Sewers for Western Sussex over the 'main river' lying within their jurisdiction were transferred to the South West Sussex Rivers Catchment Board on 8 November 1938 by the South West Sussex Rivers Catchment Board Transfer Order, 1938, made by the Minister of Agriculture and Fisheries on 7 November 1938 under s. 4(1)(a) of the Land Drainage Act, 1930 [S.R. & O., 1938, No. 1394.], and the Commissioners held their final meeting on 24 March 1939. Nevertheless, the Commission of Sewers technically remained in existence as an internal drainage board with rating powers until it was finally abolished on 1 August 1948 by the South West Sussex Rivers Catchment Board (South West Sussex Internal Drainage District) Order, 1948, made by the Minister of Agriculture and Fisheries, and confirmed on 29 July 1948, under s. 4(1)(b) of the Land Drainage Act, 1930 [S.I., 1948, No. 1817.] AREAS OF JURISDICTION The land within the jurisdiction of the Commissioners for Western Sussex was unique amongst the three Commissions operating in the area of West Sussex in that it consisted of completely separated levels. As will be seen, the Arundel and Bramber Commissioners were concerned with the low-lying areas on either side of the Rivers Arun and Adur; in the Rape of Chichester, however, there is no major river with an outfall to the sea, the western half of the lower coastal plain being drained by many small streams, known locally as 'rives' (or 'rifes'). There are three main groups of rives--those with an outfall to the sea at Felpham, those flowing into the north of Pagham Harbour, and those flowing into Pagham Harbour in the Ferry area--and the land bordering on each of these groups at one time constituted a level for rating and maintenance purposes (1) Felpham and Bognor Level. This comprised the low-lying land north of Bognor in the parishes of Oving, Aldingbourne, Eastergate, Tangmere, Barnham, South Bersted, Felpham and Yapton (or the modern civil parishes of Bersted, Oving, Tangmere, Aldingbourne, Eastergate, Barnham, Yapton and Middleton-on-Sea, and Bognor Regis U.D.) over which the Commissioners exercised jurisdiction. The level was drained by a system of rives that had its outfall to the sea at Felpham Sluice, having passed through Land Bay Bank and Land Bay Sluice, 400 yards north of Felpham Sluice. The sea frontage of the level, for the greater part of its length, was, naturally, below high tide level and the Commissioners were therefore responsible for the maintenance of the Felpham Wall--the sea wall constructed to protect the level from flooding by salt water, and in which Felpham Sluice was situated. The main streams in the system were Aldingbourne, Oving, Elbridge, Lidsey, Barnham, Yapton and Ryebank Rives. The acreage within the level underwent two minor changes in the period for which accurate figures are available; the area being 1377 acres in 1829 [I/ZP2.], 1418 acres in 1866 (following the inclusion of 41 acres of the land south of Land Bay after a Sewers Jury presentment of November 1850) [I/SP5/6, ff. 16-17.], and 1428 acres in 1907 (following the inclusion of a further 11 acres south of Land Bay) [I/FR5/3.] The Felpham and Bognor Level was the largest of the levels in Western Sussex and, certainly from the end of the seventeenth century, it was formed into three divisions in order to simplify the collection of rates. The divisions were first defined in 1712 [I/SM1/1, pp. 61-63.]. as: the Oving or Aldingbourne division (the area under the level in the parishes of Oving, Aldingbourne, Eastergate, Barnham and Tangmere and the tithings of Lidsey, Woodhorne, Westergate and Headhone), the South Bersted division (the area under the level in the parish of South Bersted and the tithings of North Bersted, Shripney and Colworth), and the Felpham division (the area under the level in the parishes of Felpham and Yapton and the tithings of Ancton, Flansham and Bilsham). This arrangement ceased on 11 September 1829 when it was ordered that the three divisions should be henceforth amalgamated [I/SM2/1, p. 197.] Prior to 1850 the area south of the Land Bay (i.e. between Land Bay and the Felpham Wall) was not taxed; however, on 26 November 1850 a Sewers Jury presented that 'there are certain other lands within the said Level of Felpham and Bognor lying between the Land Bay and the Sea ... which have never been assessed and which receive a benefit from the Works of the Commissioners' [I/SM3, p. 119.]. The area of land concerned was found to be 56 acres, the bulk of which became liable for taxation thereafter. Until 1892 this area was taxed at a lower rate compared with the remainder of the level, but from that date no differentiation was made (2) Pagham and Runcton Level. This comprised the low-lying land north of Pagham Harbour in the parishes of Pagham and North Mundham over which the Commissioners had jursidiction. The level was drained by Pagham, Runcton and Forbridge Rives with an outfall to Pagham Harbour at Pagham (or Salt Ash/House) Sluice. The sea frontage of the level was, naturally, below high tide level, and the Commissioners were therefore responsible for the maintenance of Pagham Wall (that part of the earth embankment called Pagham and Bremere Wall which formed the frontage of the Pagham and Runcton Level and protected the level from inundation by salt water) in which Pagham Sluice was situated. The jurisdiction of the Commissioners extended over an area of 367 acres in 1850 [LD/I/SM3], and 496 acres in 1890 and thereafter (the increased acreage resulting from the rating, after 1890, of land in the south of the level hitherto exempted from payment of rates) [LD/I/ZP6/2] Although not as large as the Felpham and Bognor Level, the Pagham and Runcton Level was also formed into three divisions to simplify rate collection. The divisions were first defined in 1712 [LD/I/SM1/1 pp. 63-64] as: the Pagham division (the area under the level in Pagham parish), the Runcton division (the area under the level in Runcton tithing), and the South Mundham division (the area under the level in the tithing of South Mundham and parish of North Mundham). The divisions were amalgamated in December 1740 when it was decided that 'for the time to come there bee only one tax made and signed and sealed for the three ... divisions of the Level of Pagham and Roncton' [p. 254.] (3) Bremere (or Bramber) Level. This comprised the low-lying land north of Pagham Harbour in the parishes of Hunston, North Mundham and Sidlesham over which the Commissioners had jurisdiction, and which was drained by Bremere Rife with its outfall to Pagham Harbour at Halsey's (or Bremere) Sluice. The jurisdiction of the Commissioners extended over an area of 276 acres in 1850 [LD/I/SM3, p. 120] and thereafter Prior to 1779 Bremere Wall (that part of Pagham and Bremere Wall which formed the frontage of the level, in which Halsey's Sluice was built) and Bremere Rife, although under the jurisdiction of the Commissioners, were not repaired or maintained by them but by those whose lands abutted the wall and/or rife. At a meeting held on 10 November 1779 the Commissioners having 'maturely considered of the present improper mode in Repairing ... Bremore Common Wall, there being so many Proprietors of the Land adjoining which occasion its being done in such a Piece Meal Manner'[LD/I/SM2/1 p.37.] decided to take the wall into their own hands and levy a tax on the whole level for its repair; it was also decided that the 'Main Rife at Bremore called Bremore Rife should be taken into their Hands. It appearing to them that the same can be drawn and cleansed at a much less Expence than in the present Method of Drawing it'[LD/p. 38.] From 29 September 1913 the Levels of Bremere and Pagham and Runcton were amalgamated and 76 acres of intervening land brought under the jurisdiction of the Commissioners, in pursuance of an Order of the Commissioners (of 4 December 1912) that the lands 'shall be united into and form or comprise one Level for administrative and rating purposes, to be called "The United Levels of Bremere and Pagham and Runcton"'[LD/I/SM5, pp. 444-450, and I/AO4/23(3).]. This action was undertaken as a result of the flooding of Pagham Harbour in December 1910, which eventually led to the Pagham and Bremere Wall (which until the early nineteenth century had protected the lands to the north of the Harbour from inundation and was only partly under the Commissioners' control) becoming, once again, the sole protection for the two levels and the adjacent land. In order better to protect the area and achieve greater uniformity of rating it was decided to unite the two levels and also bring in the land protected by the wall but not hitherto included therein, whilst at the same time making the entire length of the wall the responsibility of the Commissioners. The United Levels therefore extended over an area of 848 acres (4) Western Level. This comprised the low-lying land on the Selsey peninsula in the parishes of Earnley, East Wittering, Sidlesham and Selsey, over which the Commissioners had jurisdiction. The level was drained by Broad, Selsey, Keynor, Earnley and Easton Rives, with outfalls to Pagham Harbour at Ferry Sluice and, after 1884, to the sea at Medmery Sluice. The area liable for the payment of sewers rate remained reasonably constant, being 1090 acres in 1832 [LD/I/ZP3.], 1096 acres in 1850 [LD/I/SM3, p. 120.], and 1086 acres in 1907 [LD/I/FR5/5.] and thereafter The level was constituted on 2 May 1832 when it was ordered that 'all Lands and Grounds lying within the Jurisdiction of this Commission and not included in the said Levels of Felpham and Bognor, Pagham and Runcton, and Bremere ... shall constitute and be distinguished by the Name of "The Western Level"'[LD/I/SM2/1, p.240.]. It might be wondered why this area was not placed under the formal control of the Commissioners until the early nineteenth century, but it should be remembered that much of the land which constituted the level was, at best, salt marsh until the construction of Ferry Bank in the first decade of the century. With the construction of this bank the periodic submergence of this land ceased and requests were eventually made for the Commissioners to take the area under their control The four levels listed above were in existence, although combined into three for administrative purposes, when the Commissioners of Sewers for Western Sussex were abolished in 1948. Of these four, the first three were in existence in 1687 and their approximate acreages at that date, as calculated from the tax yields of the late seventeenth and early eighteenth centuries, are not markedly at variance with the acreages given in the 1930s, after making allowance for the known extensions of the levels in the nineteenth and twentieth centuries Two other levels also existed in 1687, those of Kynor (or Keynor) and (West) Itchenor. Keynor Level was only mentioned for three years, the last reference to it occuring in April 1690, but it would seem likely that it was one of the areas included in the Western Level as constituted in 1832, presumably the area drained by Keynor Rife. The final reference to Itchenor Level occurs in January 1713, and nothing definite is known concerning its location. However, it would seem likely that it included the area drained by Itchenor Ditch (the Internal Drainage Ditch in West Itchenor parish with an outfall to Chichester Harbour). A further level--Stakeway Level--is mentioned in June 1731 as existing in the parish of Sidlesham; no other reference could be found to this level but presumably it was also one of the areas included in the Western Level in 1832 THE COMMISSIONERS OF SEWERS FOR THE RAPE OF ARUNDEL Commissions of Sewers were issued for the Rape of Arundel under the provisions of the Statute of Sewers of 1532. In the sixteenth century and the first half of the seventeenth century Commissions were issued for the county of Sussex as a whole, but from 1644 Commissioners were appointed for the Rapes of Chichester and Arundel [For a list of Commissions issued after 1427, see Appendix II towards the end of this Scope and Content]. In 1680 a Commission was issued for 'the Lymitts being and lyeing within the Rape of Arundell,' and from 1700 this, with minor variations, was the title used by the Commission for the remainder of its existence The Land Drainage Act, 1930, provided that Commissions of Sewers were to be treated, for the purposes of the Act, as if they had been constituted under the Act as drainage boards for the areas under their jurisdiction, and were to continue in force until abolished by an order unders. 4(1)(b) of the Act [20 and 21 George V, c. 44, ss. 1(4) and 83(2).]; meanwhile, they were to exercise their existing powers and also any additional powers provided by the Act [20 and 21 George V, c.44 s. 83(3).]. On 19 December 1930 the Commissioners resolved that 'the Board be called the Arun Internal Drainage Board' [LD/II/SM7, p. 181.] The rights and obligations of the Commissioners of Sewers for the Rape of Arundel over the 'main river' lying within their jurisdiction were transferred to the River Arun Catchment Board on 5 October 1931 by the River Arun Catchment Board Transfer Order, 1931, made by the Minister of Agriculture and Fisheries on 5 October 1931 under s.4(1)(a) of the Land Drainage Act, 1930 [S.R. & O., 1931, No. 877.]. The powers and duties of the Commissioners acting as the Arun Internal Drainage Board were transferred to the River Arun Catchment Board by the River Arun Catchment Board (Transfer of Powers of the Rape of Arundel Commissioners of Sewers) Order, 1933, made by the Minister of Agriculture and Fisheries under s. 11 of the Land Drainage Act, 1930, and the Commissioners held their final meeting on 30 March 1933. The Commission was finally abolished on 21 August 1933 by the River Arun Catchment Board (Abolition of Commissioners of Sewers) Order, 1933, made by the Minister of Agriculture and Fisheries, and confirmed on 21 August 1933, under s. 4(1)(b) of the Land Drainage Act, 1930 [S.R. & O., 1933, No. 841.] AREAS OF JURISDICTION The area under the jurisdiction of the Commissioners of Sewers for the Rape of Arundel was unlike the area controlled by the Western Sussex Commissioners, in that it consisted of the low-lying land on either side of a major river--the River Arun. In 1701 [Arundel Castle MS. MD 724, p. 138.] the area, a total of 4604 acres, was divided into twenty-four levels. A survey of the levels was made by James Day in 1729-30 following a jury presentment that 'it is necessary for the quieting the said Differences and disputes and doing Justice in the said Levells that a General Survey be made [LD/II/SM1, pp. 22-23.], and maps of each level were produced. Although these maps are no longer in existence, a record of the area of each level as surveyed by Day was included in the minutes of the Court in 1838 when a further presentment was made of the area which was liable to pay sewers rates [LD/II/SM2, pp. 391-392.] (1) Pulborough Level. 117 acres in 1701, 186 acres in 1729 and 185 acres in 1838 (2) Stopham Level. (Green and Stopham Level from 1739) 42 acres in 1701, 64 acres in 1729 and 78 acres in 1838 (14 acres of inclosed common being brought into the level in 1838) (3) Wiggonholt Level. 175 acres in 1701, and 274 acres in 1729 and 1838 (4) Greatham Level. 140 acres in 1701, 147 acres in 1729 and 149 acres in 1838 (12 acres of inclosed common being brought into the level in 1838) (5) Hardham Level. 194 acres in 1701, 332 acres in 1729 and 334 acres in 1838 (6) Coldwaltham Level. 61 acres in 1701, 94 acres in 1729 and 87 acres in 1838 (7) Amberley and Rackham Level. (Amberley Level from 1745 to 1825) 460 acres in 1701, 579 acres in 1729 and 691 acres in 1838 (125 acres of inclosed common being brought into the level in 1838) (8) Bury Level. 157 acres in 1701, and 153 acres in 1729 and 1838 (9) Houghton Level. 100 acres in 1701, 102 acres in 1729 and 104 acres in 1838 (10) South Stoke and Offham Level. 345 acres in 1701, 336 acres in 1729 and 330 acres in 1838 (11) North Stoke Level. 206 acres in 1701, 233 acres in 1729 and 226 acres in 1838 (12) Burpham and Peppering Level. 220 acres in 1701, and 113 acres in 1729 and 1838 (13) Warningcamp and Wepham Level. (Warningcamp Level from 1761 to 1802) 103 acres in 1701, 184 acres in 1729 and 191 acres in 1838 (14) Arundel and Lyminster Level. (Arundel Level from 1759) 541 acres in 1701, 435 acres in 1729 and 457 acres in 1838 (15) Climping Small Brook or Climping and Small Brook Marsh Level. 257 acres in 1701, 286 acres in 1729 and 284 acres in 1838 (16) Lyminster Level. (Lyminster and Rustington (Small) Brooks Level from 1732) 250 acres in 1701, and 291 acres in 1729 and 1838 (17) Holly Acre or Hollow Acre Level. 615 acres in 1701 and 518 acres in 1838. This consisted of seven smaller levels--Ham Level (60 acres in 1729 and 57 acres in 1838), Angmering Level (42 acres in 1729 and 44 acres in 1838), Rustington Level (25 acres in 1729 and 1838), Littlehampton Level (45 acres in 1729 and 1838), Poling Level (90 acres in 1729 and 92 acres in 1838), Lyminster Level (87 acres in 1729 and 84 acres in 1838), Toddington Level (84 acres in 1729 and 85 acres in 1838), and Wick Level (84 acres in 1729 and 77 acres in 1838) (18) Tortington Level. 229 acres in 1701 and 241 acres in 1729; from 1819 this level was divided into Tortington Great Level and Tortington Little Level with areas, in 1838, of 187 acres and 50 acres respectively (19) Walberton Level. 24 acres in 1701, and 25 acres in 1729 and 1838 (20) Ford Level. 25 acres in 1701, and 56 acres in 1729 and 1838 (21) Yapton Level. 31½ acres in 1701, 31 acres in 1729 and 33 acres in 1838 (22) Binsted Level. 74 acres in 1701, 75 acres in 1729 and 71 acres in 1838 The Tortington Little, Walberton, Ford, Yapton and Binsted Levels were combined for rating purposes into the 'Little Level belonging to the several parishes of Tortington, Yapton, Ford, Binsted and Walberton' (23) Wick Old Marsh Level. 171 acres in 1701, and 172 acres in 1729 and 1838 (24) Lyminster Small Brook and Bushhead Level. (Lyminster Small Brook Level from 1767) 72 acres from 1701, and 57 acres in 1729 and 1838 In addition Climping Great Level, with an area of 466 acres in 1838, was rated 'to repair and keep in repair the Walls, Groynes and Defences against the Sea' along the sea frontage of the level, extending for 1½ miles westward of the outfall of the River Arun at Littlehampton The 1838 Sewers Jury also presented that land in the Levels of Stopham and Green, Pulborough, Greatham, Coldwaltham, Amberley and Thorn-dell, North Stoke, Houghton, Rackham, Wiggonholt, Hardham, Bury, and South Stoke, a total of 2414 acres which was to be called the Upper Great Level [LD/II/SM2], would 'derive advantage by the making of a navigable Cut through the Horse Shoe in the Parish of South Stoke ... and are liable and ought to contribute to the expence of making such Cut' [LD/II/SM2 p.398.]. The new cut was begun in 1839 and completed in 1840 [See LD/II/ZP] By 1854 the maps drawn up by James Day were out of date, the Clerk reporting to the Commissioners in October of that year, that 'at which time [1729] the Slipes of the River from being overflowed each tide were not presented or mapped' [LD/II/SM3 p. 143.]. It was ordered, therefore, 'that New Maps be made of the whole of the Levels ... And that Mr. Geo. Blunden do make the same complete and reference for the sum of one hundred Pounds' [LD/II/SM3, p. 144; these maps, which were completed in 1856, are LD/II/ZP1-9.]. The maps show fifty levels, with a total area of 7141 acres The sluices and sewers in each level which were regarded as the responsibility of the Commissioners in 1856 are noted below; sluices and sewers whose names appear in parentheses were not then regarded as their responsibility (1) Climping Level. 434 acres in the parish of Climping, drained by Ryebank Rife and Rope Walk Ditch with an outfall at Ryebank Rife Sluice, and Climping Church Farm Ditch with an outfall at Climping Church Sluice (2) Ford Lower or Ford Level. 35 acres in the parish of Ford, drained by Ford Church Ditch with an outfall at Ford Sluice (3) Ford Upper Level. 50 acres in the parish of Ford (4) Yapton Level. 33 acres in the parish of Yapton (5) Walberton Level. 24 acres in the parish of Walberton (6) Binsted Level. 85 acres in the parish of Binsted (7) Tortington Lower Level. 59 acres in the parish of Tortington Ford Upper, Yapton, Walberton, Binsted, and Tortington Lower Levels were drained by Little Tortington Stream with an outfall at Tortington Little Sluice (8) Tortington Upper Level. 192 acres in the parish of Tortington, drained by Manor Farm Ditch with an outfall at Tortington Upper Sluice, and Tortington Upper Ditch with an outfall at Black Gate Sluice (9) Arundel Spring Ditch Level. 42 acres in the parishes of Tortington and Arundel, drained by Tortington Upper Ditch with an outfall at Eversheds Sluice, and Spring Ditch with an outfall at Gas Works Sluice (10) Corporation, Arundel or Burgess Brook Level. 167 acres in the parish of Arundel, drained by Corporation and Castle Ditches with outfalls at Ditch End and Mill Stream Sluices (11) Offham Little Level. 64 acres in the parish of South Stoke, drained by Swanbourne Lodge Ditch with an outfall at Offham Little Sluice (12) South Stoke and Offham Level. 228 acres in the parish of South Stoke, drained by Fox's Oven Ditch (with an outfall at South Stoke and Offham Sluice), and Offham Island Ditch with an outfall at Offham Island and Offham Island No. 2 Sluices (13) Houghton or Houghton Upper Level. 66 acres in the parish of Houghton, drained by Houghton Causeway Ditch with an outfall at Houghton Upper Sluice (14) Bury Level. 245 acres in the parish of Bury, drained by West Burton Stream (with an outfall at Deadmans Sluice, Bury Meade Ditch, and Wide Meade and Timberley Farm Ditches with an outfall at Bury Wide Meade Sluice) (15) Coldwaltham Level. 125 acres in the parish of Coldwaltham, drained by Brook Ditch, and a ditch (with an outfall at Coldwaltham Brook Sluice), and partly by Thorndell Upper Ditch (16) Thorndell (Level). 68 acres in the parish of Amberley, drained partly by Thorndell Upper Ditch (and Thorndell Lower Ditch) (17) Greatham Level. 276 acres in the parish of Greatham (drained by Hardham Priory Ditch with an outfall at Widneys Sluice, Greatham Bridge Stream) and partly by Smith's Ditch (and Greatham Brook Stream with an outfall at Greatham Brook Sluice) (18) Hardham Level. 400 acres in the parish of Hardham, drained by Hardham Mill Ditch (Spinney Ditch with an outfall at Greatham Brook Upper Sluice, Viaduct Ditch, and partly by Greatham Brook Stream with an outfall at Greatham Brook Sluice) (19) Waltham Mead Level. 28 acres in the parish of Coldwaltham, drained by Hardham Mill Ditch (20) Stopham Level. 112 acres in the parish of Stopham, drained by Stopham Stream with an outfall at Hardham Sluice (21) Stopham Upper Level. 58 acres in the parish of Stopham (22) Wisborough Green Level. 159 acres in the parish of Wisborough Green (23) Pulborough Upper Level. 225 acres in the parish of Pulborough (24) Pulborough Level. 153 acres in the parish of Pulborough, drained by the Rivers Chilt (and Stor, and Sickle Ditch with an outfall at Sickle Ditch Sluice) (25) Wickfield Level. 14 acres in the parish of Storrington (drained by the River Stor) (26) Wiggonholt Level. 301 acres in the parish of Wiggonholt (drained by North Brook Ditch with an outfall at Double Stile Sluice, and Wiggonholt Stream) (27) Rackham Upper Level. 95 acres in the parish of Amberley (drained by Wiggonholt Stream with an outfall at Low Brook Sluice) (28) Amberley Level. 590 acres in the parish of Amberley, drained by Middle Gutter Ditch, Rackham Ditch with an outfall at Ham Sluice, Pound Piece Ditch, Low Brook Ditch (and Low Brook Ditch West) with an outfall at Low Brook Sluice, and partly by Smith's Ditch (29) Rackham Level. 127 acres in the parish of Amberley, drained by Middle Gutter Ditch and partly by Rackham and Smith's Ditches (30) Amberley Swamp. 28 acres in the parishes of Amberley and Bury, drained by Middle Gutter Ditch with an outfall at Middle Gutter Sluice (31) Amberley Lower Level. 231 acres in the parish of Amberley, drained by (Spring Ditch with an outfall at) Amberley Castle Sluice, and (Amberley Lower Ditch with outfalls at) Fletchers and Amberley Lower Sluices (32) Lower Houghton or Little Houghton Level. 56 acres in the parish of Houghton, drained by Limekiln Stream with an outfall at North Stoke No. 7 Sluice (33) North Stoke Level. 201 acres in the parish of North Stoke, drained by North Stoke Stream with an outfall at North Stoke No. 3 Sluice (34) Horseshoe Level. 112 acres in the parish of South Stoke, drained by South Stoke Stream with outfalls at Horseshoe Lower (and Horseshoe) Sluices (35) Lower North Stoke Level. 47 acres in the parishes of North Stoke and Burpham, drained by a ditch with an outfall at Alders Sluice (36) Peppering Level. 103 acres in the parish of Burpham, drained by Peppering Farm Ditch and Peppering Farm Ditch West with outfalls at Malt House (and Peppering No. 1) Sluices (37) Wepham and Burpham Level. 137 acres in the parish of Burpham, drained by Boundary Ditch with an outfall at Boundary Sluice, and Woodleigh Stream with an outfall at Horsegate Sluice (38) Warningcamp Level. 106 acres in the parish of Warningcamp, drained by Woodleigh Stream, Brickyard Ditch with an outfall at Brickyard Sluice, and partly by Warningcamp Ditch with an outfall at Warningcamp Sluice (39) Causeway Level. 89 acres in the parish of Lyminster, drained by Warningcamp Ditch with outfalls at Dawes and Warningcamp Sluices (40) South Marsh Level. 201 acres in the parish of Arundel, drained partly by Station Ditch with an outfall at Hoopers Sluice (41) Lyminster Level. 291 acres in the parish of Lyminster, drained by Brookfield Stream with an outfall at Danbridge Sluice, and partly by Station Ditch with an outfall at Hoopers Sluice (42) West Part of Holly Acre Level. 311 acres in the parishes of Lyminster and Rustington, drained by Crooked Ditch with an outfall at Crooked Ditch Sluice, Eel Spring Ditch, and Black Ditch with an outfall at Black Ditch Sluice (43) Lyminster Little Level. 21 acres in the parish of Lyminster, drained partly by Black Ditch (44) Poling Level. 91 acres in the parish of Poling, drained partly by Decoy Ponds and Black Ditches (45) Angmering and Ham Level. 108 acres in the parish of Angmering, drained partly by Decoy Ponds and Black Ditches and Rustington Stream (46) Rustington Level. 13 acres in the parish of Rustington, drained partly by Rustington Stream (47) Norway Level. 37 acres in the parish of Littlehampton, drained partly by Black and Norway Ditches and Rustington Stream (48) Toddington Level. 87 acres in the parish of Lyminster, drained by Toddington Ditch and partly by Norway and Black Ditches (49) Week or Wick Old Marsh Level. 226 acres in the parish of Lyminster, drained by Week Old Marsh Ditch (with an outfall at Week Old Marsh Sluice) (50) Bushhead Level. 51 acres in the parishes of Lyminster and Littlehampton, drained by Wick Farm Ditch with an outfall at Bushhead Sluice The above fifty levels were delineated on maps which were authenticated by the presentment of a Sewers Jury impanelled on 7 July 1856. The jury presented that 'all the lands lying within the several Levels within the said Rape of Arundel and included in the said Maps ... are liable to be assessed, taxed and charged for all sums necessary to be raised for all and every the general costs and charges of putting the several Acts relating to Sewers within this Rape into execution' and that 'each Level is liable to the repair of the Sluice or Sluices of its Level shewn on the said Plans and ought to and should be taxed and assessed for scouring, cleansing and repairing the Sewer ditch to the same colored Blue on the said Plan' [LD/II/SM3, pp. 164-166.]. Three other areas were also included in the presentment of the jury Tortington Little Level. The Ford Upper, Tortington Lower, Binsted, Walberton and Yapton Levels, totalling 252 acres, were together 'liable to and ought to be taxed and assessed to the Scouring and cleansing the Common Sewer of the Level called Tortington Little Level and keeping the Sluice thereof in repair' [LD/II/SM3, p. 167.] Holly Acre Level. The Angmering and Ham, Lyminster Little, Norway, Poling, Rustington, Toddington, Week Old Marsh and the West Part of Holly Acre Levels, totalling 897 acres, were together 'liable and ought to be taxed and assessed for the scouring and cleansing the common Sewer of the Level called Holly Acre Level and keeping the Sluice thereof in repair' [LD/II/SM3, pp. 167-168.] Climping Great Level. The 544 acres of Climping Great Level were 'liable to the repairs of the Groynes and all other Works necessary for the protection of the said Level against the Sea', of this area only 434 acres (usually called the Climping Level) were 'liable for the repairs of the Sewer and Sluices of the said Level' [p. 167.] On 3 November 1856 a Session of Sewers was held 'for the purpose of partitioning the several Districts ... into such sub-districts as to the Commissioners present might appear most convenient ... and also to fix and specify the Boundaries of such sub-districts' [pp. 179-187.] under the provisions of the Sewers Act of 1849, which enabled the partitioning and uniting of districts or sub-districts [12 and 13 Victoria, c. 50, ss. 1-2.]. The Commissioners' intention was to rationalise the areas and to arrange that all lands drained by a particular sluice or sewer were in a single level. As the Clerk reported to the Commissioners in October 1854 'At the present time there are instances of Levels being divided by the River, that is lying on each side of the same. It is obvious, therefore, that a rate to defray the expences of lowering the Sluice ... can be of no benefit to that part of any Level separated by the River' [LD/II/SM3, p. 143.]. Thirty-two districts were formed (1) Bushhead District. 51 acres, consisting of the Bushhead Level (2) Holly Acre District. 897 acres, consisting of the Holly Acre Level. On 15 June 1857 'by reason of the London, Brighton and South Coast Railway intersecting the Level of Week Old Marsh ... whereby a portion of the said Level of Week Old Marsh ... cannot be properly or efficiently drained', 187 acres of Week Old Marsh Level, part of Holly Acre District, lying to the south of the railway was formed into a new district called Week Old Marsh District, the remaining 39 acres of the level remaining in Holly Acre District, which thenceforth contained 710 acres [LD/II/SM3, p. 210.] (3) Week Old Marsh District. 226 acres, consisting of the Week Old Marsh (4) Lyminster and South Marsh District. 447 acres, consisting of 286 acres of the Lyminster Level and 191 acres of the South Marsh Level (5) Climping Great District. 540 acres, consisting of the major part of the Climping Great Level (6) Climping District. 430 acres, consisting of the major part of the Climping Level (7) Ford Lower District. 35 acres, consisting of the Ford Lower Level (8) Tortington Little District. 252 acres, consisting of the Tortington Little Level (9) Tortington Upper District. 192 acres, consisting of the Tortington Upper Level (10) Arundel Spring Ditch District. 42 acres, consisting of the Arundel Spring Ditch Level (11) Corporation District. 167 acres, consisting of the Corporation Level (12) Causeway District. 89 acres, consisting of the Causeway Level (13) Wepham and Warningcamp District. 193 acres, consisting of 100 acres of the Warningcamp Level and 93 acres of the Wepham and Burpham Level (14) Burpham District. 28 acres, consisting of that part of the Wepham and Burpham Level drained by Boundary Ditch with an outfall at Boundary Sluice (15) Peppering District. 74 acres, consisting of the major part of the Peppering Level (16) Offham Little District. 59 acres, consisting of the major part of the Offham Little Level (17) South Stoke and Offham District. 210 acres, consisting of the major part of the South Stoke and Offham Level (18) Horseshoe District. 93 acres, consisting of the major part of the Horseshoe Level (19) Lower North Stoke District. 60 acres, consisting of 45 acres of the Lower North Stoke Level and 15 acres of the Peppering Level (20) North Stoke District. 184 acres, consisting of the major part of the North Stoke Level (21) Lower Houghton District. 55 acres, consisting of the major part of the Lower Houghton Level (22) Houghton District. 63 acres, consisting of the major part of the Houghton Level (23) Shut Mead District. 94 acres, consisting of 93 acres of the Bury Level and 1 acre of the Thorndell Level (24) Thorndell District. 95 acres, consisting of 68 acres of the Thorndell Level and 27 acres of the Coldwaltham Level (25) Amberley Lower District. 204 acres, consisting of the major part of the Amberley Lower Level. On 14 May 1860 it was decided to sub-divide Amberley Lower District 'without which the same cannot be properly and efficiently drained', 153 acres being formed into the Amberley Castle District and the remaining 51 acres being formed into a new Amberley Lower District [LD/II/SM3, p. 292.] (26) Smith's Ditch District. 225 acres, consisting of 85 acres of the Amberley Level, 22 acres of the Rackham Level and 118 acres of the Greatham Level (27) Amberley District. 586 acres, consisting of 481 acres of the Amberley Level and 105 acres of the Rackham Level (28) Sailing Ditch District. 137 acres, consisting of the Wickfield Level, 27 acres of the Wiggonholt Level and 96 acres of the Pulborough Level (29) Waltham Mead District. 51 acres, consisting of the Waltham Mead Level and 23 acres of the Hardham Level (30) Stopham District. 99 acres, consisting of 98 acres of the Stopham Level and 1 acre of the Hardham Level (31) Pallingham and Stopham District. 144 acres, consisting of the Stopham Upper Level, 20 acres of the Wisborough Green Level and 66 acres of the Pulborough Upper Level (32) Upper District. 299 acres, consisting of 140 acres of the Wisborough Green Level and 159 acres of the Pulborough Upper Level A further five districts were formed between 1862 and 1878 (33) Pithingdean Marsh District. On 18 August 1862 the Commissioners ordered that 23 acres of the Pulborough Upper Level should be formed into a district 'called the Pithingdean Marsh District for the purpose of cleansing the Sewer ditches of such district' [LD/II/SM3., p. 367.] (34) Hardham District. On 18 August 1862 the Commissioners ordered that 154 acres of the Hardham Level should be formed into a district 'called Hardham District for the purpose of straightening, deepening and widening the ditches communicating with the Arches under Hardham (commonly called Pulborough) Causeway and the River and for cleansing out the said Arches' [pp. 368-369.] (35) Tithing Lees District. On 13 October 1862 the Commissioners ordered that 39 acres of the Pulborough Upper Level should be formed into a district 'called Tithing Lees district for the purposes of cleansing the Sewer ditches of such district' [p. 378.] (36) South Stoke Bridge District. On 18 August 1862 the Levels of Horseshoe, North Stoke, Lower Houghton, Houghton, Bury, Thorndell, Coldwaltham, Amberley Lower, Amberley Swamp, Amberley, Rackham, Rackham Upper, Greatham, Wiggonholt, Wickfield, Pulborough, Hardham, Waltham Mead, Stopham, Stopham Upper, Wisborough Green and Pulborough Upper, a total of 3681 acres, were formed into a district 'to be called South Stoke Bridge District for the purpose of keeping a Bridge in a proper state of repair over the said new Cut [made at South Stoke in 1839/40]' [pp. 369-370.], these being the lands charged to make the cut and bridge in 1838 together with those lands lying above the cut made liable for sewers rates by the presentment of 7 July 1856 (37) Wiggonholt and Rackham Upper District. On 28 May 1878 the Commissioners ordered the formation of the Wiggonholt and Rackham Upper District, of 396 acres, comprising the Wiggonholt and Rackham Upper Levels [LD/II/SM4, pp. 380-381.] THE COMMISSIONERS OF SEWERS FOR THE RAPE OF BRAMBER Commissions of Sewers were issued for the Rape of Bramber under the provisions of the Statute of Sewers of 1532. In the sixteenth century and the first half of the seventeenth century Commissioners were appointed for the county of Sussex as a whole, but in 1677 a Commission was issued for 'certaine lymitts in Bramber Rape' and this, with minor variations, was the title of the Commission for the remainder of its existence [For a list of Commissions issued after 1427, see Appendix II, towards the end of this Scope and Content.] The Land Drainage Act, 1930, provided that Commissions of Sewers were to be treated, for the purposes of the Act, as if they had been constituted under the Act as drainage boards for the areas under their jurisdiction, and were to continue in force until abolished by an order under s. 4(1)(b) of the Act [20 and 21 George V, c. 44, ss. 1(4) and 83(2).]; meanwhile, they were to exercise their existing powers and also any additional powers provided by the Act [20 and 21 George V, c. 44., s. 83(3).] The rights and obligations of the Commissioners of Sewers for the Rape of Bramber over the 'main river' lying within their jursidiction were transferred to the River Adur Catchment Board on 23 January 1932 by the River Adur Catchment Board Transfer Order, 1932, made by the Minister of Agriculture and Fisheries on 23 January 1932 under s. 4(1)(a) of the Land Drainage Act, 1930 [S.R. & O., 1932, No. 52.], and the Commissioners held their final meeting on 31 March 1933. The Commission was finally abolished on 1 April 1933 by the River Adur Catchment Board (River Adur Drainage District) Order, 1933, made by the Minister of Agriculture and Fisheries, and confirmed on 29 March 1933, under s. 4(1)(b) of the Land Drainage Act, 1930 [S.R. & O., 1933, No. 309.] AREAS OF JURISDICTION In common with the Arundel Commissioners, the Commissioners of Sewers for the Rape of Bramber were concerned with the low-lying areas on either side of a major river, in this case the River Adur. The low-lying land was divided into four, later five, levels (1) Beeding Level. This comprised the low-lying land in the parish of Upper Beeding on the east of the River Adur over which the Commissioners exercised jurisdiction, and which was drained by Beeding Sewer with an outfall at Beeding Sluice. The area of the level was 404 acres in 1812 [Add Mss 7291/29.], and either 405 or 406 acres thereafter (2) Wickham Level. This probably comprised the low-lying land in the parishes of Bramber, Upper Beeding and Steyning on the west of the River Adur over which the Commissioners exercised jurisdiction, and which was drained by Castle Sewer with an outfall at Castle Sewer Sluice, Black Sewer with an outfall at Black Sluice, and Wyckham and Wyckham Common Sewers with an outfall at Wyckham Sluice. The area of the level was 200 acres in 1828 [Add Mss 7291/52.] and thereafter (3) Pocca Lea Level. This comprised the low-lying land in the parishes of Steyning and Henfield on the east of the river over which the Commissioners exercised jurisdiction, and which was drained by Pocca Lea Sewer with an outfall at Woods Mill Old Sluice. The area within the level was 180 acres in 1835 [Add Mss 7287/4.] and thereafter (4) Holland Sewer [Level]. This probably comprised the low-lying land in the parish of Henfield on the east of the river, and north-west of the Pocca Lea Level, over which the Commissioners exercised jurisdiction, and which was drained by Holland Sewer with an outfall at Holland Sluice. The area within the level was 112 acres in 1810 [Add Mss 7291/21.], 113 acres in 1817 [Add Mss 7291/37.], and 116 acres in 1829 [Add Mss 7291/57.] and thereafter The amalgamation of the levels of Pocca Lea and Holland Sewer 'so as to form one Level for all purposes as from 31st March last' was recommended by the Finance Committee in April 1921 [LD/III/SM1, pp. 511-512.]. This recommendation was accepted at a Court of Sewers held on 29 April 1921, and the combined level, which extended over an area of 296 acres, was known as the United Holland Sewer and Pocca Lea Levels (5) Bramber Level. This comprised the low-lying land in the parishes of Bramber and Botolphs on the west of the river over which the Commissioners exercised jurisdiction, and which extended over 215 acres. The Bramber Level was constituted as part of an attempt to solve the problem of floods in Bramber village. The problem first came before the Commissioners in 1900, but little appears to have been done until 1910, when a committee was appointed which found the problem to be that 'a large proportion of the water from Annington is deflected to the north, and meeting the downward flow from above the Highway at Bramber causes the water to pile near Bramber Bridge'. The implementation of the Applesham Dam Scheme of 1906 and the formation of a new level was recommended by the committee in October 1910 and April 1912 [LD/III/SM1., pp. 449-450 and 458.], and the Bramber Level was constituted on 26 November 1912, when it was ordered that a new Level be formed 'to include the Village of Bramber and the Low Lying Lands South thereof, North of the Applesham Dam, and on the West side of the River' [LD/III/SM1., p. 461.] The Whole Level. The above five levels were all rated separately for the maintenance of the banks, ditches and sluices in those levels; however, a second rate was also levied on the area known as the Whole Level, for the upkeep of the river banks and 'cutting, cleansing and widening the River running from Bines Bridge and Mock Bridge to Beeding Bridge'. The Whole Level included all the area under the four old levels [The area under the Bramber Level was, also, rated for 'Whole Level' purposes after 1912.] and also a great deal more land. For the sole purposes of collecting the rates the Whole Level was divided into five sub-levels [The term 'sub-level' was not used by the Commissioners, but is used in this catalogue for clarity; a clear distinction must be made between the Beeding, Pocca Lea and Wickham Levels, and the sub-levels of the same names.]--Bines, Henfield, Pocca Lea, Wickham and Beeding sub-levels. Bines sub-level consisted of 243 acres on the west of the River Adur in the parishes of Henfield, Shermanbury, West Grinstead, Ashurst and Steyning; Henfield sub-level consisted of 158 acres on the east of the river in the parishes of Henfield and Steyning, and probably included a small part of Holland Sewer [Level]; Pocca Lea sub-level consisted of 287 acres on the east of the river in the parishes of Henfield and Steyning and included the whole of Pocca Lea Level and probably the major part of Holland Sewer [Level]; Wickham sub-level consisted of 450 acres on the west of the river in the parishes of Steyning and Upper Beeding, and probably included the whole of Wickham Level; and, Beeding sub-level consisted of 476 acres on the east of the river in the parish of Upper Beeding and included the whole of Beeding Level. Thus the total area rated under the Whole Level was, before 1912, approximately 1616 acres on either side of the river from Beeding Bridge to Mock and Bines Bridges. Following the establishment of the Trustees of the River Adur Navigation by the River Adur Navigation Act, 1807 [47 George III, Sess. 2, c. cxvii.], the sum produced by the Whole Level rates was paid to the Trustees [Whole Level rates were also levied prior to 1807, see Add MSS 7291/2-3.] The River Adur Navigation Act provided that the Commissioners were to levy a scot 'after such Rate per Acre ... as to the said Commissioners of Sewers shall appear necessary and sufficient for the raising and levying a Sum of Money equal to the Produce of the Tolls, Rates and Duties upon Goods, Wares and Merchandises navigated and conveyed upon the said River' [47 George III, Sess. 2, c. cxvii, s. 12.]. The Treasurer to the Trustees was to deliver annually to the Commissioners an account of the tolls levied in the twelve months ending on 25 March [For the accounts of tolls for the years 1821/22-1851/52, see LD/III/FZ1.]; the Commissioners would then levy a rate on the Whole Level to bring in an equal sum and pass this money over to the Trustees A discussion of the administration of the Rape of Bramber Commission of Sewers necessarily involves a discussion of the administration of the River Adur Navigation Trust. It has been suggested [A Descriptive Report on the Quarter Sessions, other Official, and Ecclesiastical Records in the Custody of the County Councils of East and West Sussex, p. 194; A. E. B. Owen, 'Land Drainage Authorities and their Records', Journal of the Society of Archivists, Vol. 2 (1960-64), p. 420.] that the establishment of the Trust was a legal device to enable the Commissioners of Sewers to carry out the construction of new works. Such a device was necessary since the wording of the Statute of Sewers of 1532 with regard to new works was considered to be ambiguous. Following the passing of the River Adur Navigation Act in 1807 there was a division between the work carried out by the two bodies--the Commissioners dealing with the levels, and the Trustees being responsible for the River Adur itself. However, a single administrative organization acted for both bodies--the same Clerks, Treasurers and Expenditors acting for both authorities While the River Adur was an important local means of communication the tolls levied on barges (with the payment of the equivalent sum from the Commissioners) enabled the Trustees to carry out the necessary work on the river. However, in the second half of the nineteenth century the use of the river declined, until between 1871 and 1902 the average income from tolls was £9 p.a., with two years--1896/97 and 1901/2--when no tolls were collected. During this period the Commissioners paid for the maintenance works on the river. From 1902 to 1929 the Sussex (later British) Portland Cement Co. barged clay from Horton to their works at Beeding and this provided the only toll income (averaging £143 p.a.) to the Trustees over the period. The company stopped transporting the clay by water in 1929 and on 25 April 1930, at their last recorded meeting, the Trustees resolved that 'in consequence of loss of Income through the non receipt of Tolls the Commissioners of Sewers be asked to clear the balance ... due to the Treasurers out of Scots to be levied by them and in future carry out the necessary work to the River' [IN/Adur/M1/2, p. 84.] The major difficulty encountered in examining the relationship between the two bodies stems from the absence of any of the pre-1807 records of the Commissioners, with the result that it is now impossible to establish the extent of the Commissioners' powers before the establishment of the Trust, or the attitude of the Commissioners to the establishment of the Trust LAND DRAINAGE LEGISLATION, 1930-1963 In 1927 the situation which faced the Royal Commission on Land Drainage was 'a confused tangle of Authorities, established by the piecemeal legislation of 500 years, and exercising a great variety of powers and functions ... no uniformity of method, of powers, or of liability' [Report of the Royal Commission on Land Drainage in England and Wales [Cd. 2993], p. 15, H.C. (1927), x.]. The greatest defect of the existing system was felt to be the limited areas of jurisdiction and rating powers of the authorities. The principle of benefit was considered to have been interpreted too narrowly and, as it was stated, 'the benefit of land drainage to any given area is not confined to the discharge of water beyond its own boundaries, but includes some responsibility for its passage to the sea' [Report of the Royal Commission on Land Drainage in England and Wales [Cd. 2993], p. 16. H.C. (1927), x.]. The two principal points emerging from the Commission's investigation were: 'the necessity of having a supreme Authority in each Catchment Area which should be in charge of the main channel and banks of the river', and 'the prime importance of the extension of the area of, and alteration in the basis of, rating for drainage purposes' [Report of the Royal Commission on Land Drainage in England and Wales [Cd. 2993], p. 22. H.C. (1927), x.]. The Commission recommended the division of the Catchment Area into upland and lowland, the upland area to be rated solely for the maintenance of the main river, while the lowland area (corresponding to the area of direct benefit) would be rated, additionally, for the maintenance of the drainage systems in that area The recommendations of the Commission were broadly implemented by the Land Drainage Act of 1930 [All references to 'the Act' hereafter are to the Land Drainage Act, 1930 (20 and 21 George V, c. 44).] which provided for the existence of two categories of drainage district, each district having a drainage board which was to exercise 'a general supervision over all matters relating to the drainage of land within its district' and also other powers conferred by the Act [20 and 21 George V, c. 44, s. 1(1-4).]. The two categories were: catchment areas, as constituted under Part II of the Act; and districts other than catchment areas. The second group consisted of: districts constituted within catchment areas under schemes to be proposed by catchment boards (i.e. internal drainage districts); districts constituted outside catchment areas by the Minister of Agriculture and Fisheries [All references to 'the Minister' hereafter are to the Minister of Agriculture and Fisheries, unless otherwise stated.] under Part III of the Act; and, districts already constituted under the Land Drainage Acts, 1861-1929, or any other land drainage enactment (e.g. areas under the jursidiction of Commissions of Sewers), which were deemed, for the purposes of the Act, to have been constituted under the Act [20 and 21 George V, c. 44, s. 1(4).]. All such districts were to be areas deriving benefit or avoiding danger as a result of drainage operations [20 and 21 George V, c. 44, s. 1(5).] All earlier land drainage legislation was wholly repealed by the 1930 Act, but provision was made for Commissions of Sewers in force at the commencement of the Act to continue until determined by a scheme made under s. 4(1)(b) of the Act if within a catchment area, or an order made under s. 17(2)(e) of the Act if outside a catchment area [20 and 21 George V, c. 44, s. 83(1-2).]. It was also provided that Commissioners of Sewers should, until the Commission was determined, continue to exercise all powers vested in them before the commencement of the Act, in addition to the powers given to drainage boards by the Act [20 and 21 George V, c. 44, s. 83(3).] CATCHMENT AREAS AND BOARDS The areas listed in Part I of the First Schedule to the Act (which included the areas drained by the Rivers Arun and Adur) were to be catchment areas [The geographical definition of a catchment area is the region which drains all the rainwater that falls on it into a river or stream which then carries the water to the sea; however, for the purposes of the Act, a catchment area was, in effect, the area drained by the 'main river' and tributaries. No definition was given in the Act because of the administrative need to group together several geographical catchment areas into one legal 'catchment area', e.g. the South West Sussex Rivers.], and other areas could be added, or other alterations made, to the Schedule by an order of the Minister (thus the area drained by the South West Sussex Rivers was added to the Schedule) [20 and 21 George V, c. 44, s. 2.]. Catchment boards were to be constituted for the catchment areas by an order of the Minister and were to consist of not more than 31 members [20 and 21 George V, c. 44, s. 3(1), the actual number appointed varied according to the size of the catchment area.]. The membership of the boards was to be made up as follows: one member to be appointed by the Minister; not less than two-thirds of the remainder to be appointed by the county or county borough councils, any part of whose area was included within the catchment area (the number to be appointed by each council to be proportional to the contributions to be made by that council to the expenses of the boards, i.e. to be proportional to the rateable value of the council's area within the catchment area); the remainder to be appointed by the Minister, after consultation with, and consideration of nominations by, internal drainage boards whose districts were within the catchment area, to represent those boards and that portion of the catchment area for which drainage boards might have been, but were not, constituted [20 and 21 George V, c. 44, s. 3(2-3).]. The preponderance of members appointed by county or county borough councils was necessary since the greater part of the catchment board's revenue was to be obtained by precepts on these authorities. The provisions relating to the members and proceedings of the boards were laid out in Part II of the First Schedule to the Act It was the responsibility of the Minister to arrange for the preparation of a map delimiting the extent of each catchment area and showing thereon the watercourses to be regarded as 'main river' for the purposes of the Act; and this map could be varied, so far as it related to the extent of 'main river', by the Minister at any time on the application of the catchment board [20 and 21 George V, c. 44, s. 5(1-3).] As soon as possible after its constitution the catchment board was required to submit to the Minister, for his confirmation, a scheme for the transfer to the board of all the rights and obligations over the 'main river' that were vested in, or discharged by, any other drainage authority before the commencement of the Act [20 and 21 George V, c. 44, s. 4(1)(a), despite the statement in s. 6(3) of the Act that such 'main river' would, by virtue of the Act, vest in the catchment board.]. The catchment board was also required to submit to the Minister, for his confirmation, schemes making provision, where necessary, for: the alteration of the boundaries of an internal drainage district; the amalgamation of internal drainage districts; the abolition of Commissioners of Sewers exercising jurisdiction within the catchment area; the abolition or reconstitution of internal drainage districts; and, the constitution of new internal drainage districts [20 and 21 George V, c. 44, s. 4(1)(b).]. In effect they were to ensure that every district within the catchment area that should have been an internal drainage district, was so constituted, and that internal drainage boards had an elective membership. The appointment of such officers as the catchment board thought fit, and the reasonable remuneration of such officers, were permitted by the Act [20 and 21 George V, c.44, s. 48.] Within the catchment area, the catchment board had two main functions: to supervise the drainage of the area, and to do such works as were necessary on the 'main river'. The powers conferred by the Act on drainage boards [For the powers exercised by drainage boards, see the next section, 'Internal Drainage Districts and Boards.'] so far as they concerned 'main river' were to be exercised exclusively by the catchment board; and any part of the 'main river' which, at the commencement of the Act, was vested in any other authority would vest automatically in the catchment board by virtue of the Act [20 and 21 George V, c. 44, s. 6(3).]. Where a catchment area had an outfall on an estuary or to the sea, the board was empowered to secure an adequate outfall for the 'main river' [20 and 21 George V, c. 44, s. 6(2).]. Catchment boards were also permitted to exercise a general supervision over the drainage of the catchment area and, where necessary, to give directions to internal drainage boards to secure 'the efficient working and maintenance of existing drainage works ... and the construction of such new drainage works as may be necessary' [20 and 21 George V, c. 44, s. 7(1).]. The Minister was empowered, on the presentation of a petition by a catchment board, to transfer to that board the powers and obligations of an internal drainage board [20 and 21 George V, c. 44, s. 11.] A catchment board could require internal drainage boards to make contributions to the expenses of that catchment board [20 and 21 George V, c. 44, s. 21(1).], but the expenses of the board, in so far as they were not otherwise met, were to be paid by the councils of counties or county boroughs whose districts extended into the catchment area, in proportion to the rateable values of such parts of their areas as were within the catchment area [20 and 21 George V, c. 44, s. 20(1).]. In both cases the catchment board was to issue precepts to the authorities for the necessary sums [20 and 21 George V, c. 44, s. 22(1).]. A limit was set on the amount payable, since the consent of a majority of the council-appointed members was necessary to approve a precept for an amount which would exceed the sum produced by a rate of 2d. in the pound on the catchment area [20 and 21 George V, c. 44, s. 22(2).] It was also possible for a catchment board to make a contribution towards the expenses of an internal drainage board when it appeared to the drainage board, 'by reason of the quantity of water which their district receives from lands at a higher level, or ... the time which will elapse before their district obtains any relief from the operations of the Catchment Board on the main channel of the river', that this would be equitable [20 and 21 George V, c. 44, s. 21(3).] Catchment boards were permitted to borrow money for a period not exceeding 50 years, the funds of the Public Works Loan Commissioners now being made available, providing that the sanction of both the Minister of Agriculture and Fisheries and the Minister of Health had been obtained [20 and 21 George V, c. 44, s. 46.]. In addition, grants were to be made available, through the Ministry of Agriculture and Fisheries, towards expenditure incurred by catchment boards in the improvement of existing works or the construction of new works [20 and 21 George V, c. 44, s. 55.] The making of byelaws by catchment boards in order to secure 'the efficient working of the drainage system' so far as it concerned the 'main river' was permitted; in particular, to regulate the use of watercourses, banks or works vested in the board and to preserve them from damage, to regulate the opening of sluices and floodgates and to prevent the obstruction of watercourses. Bye-laws made thus were not valid until confirmed by the Minister [20 and 21 George V, c. 44, s. 47.]. The consent of the catchment board was henceforth to be necessary before the construction of a new bridge over 'main river' was permitted [20 and 21 George V, c. 44, s. 64.] Catchment boards were permitted to purchase, by agreement, with the Minister's approval, land required for any purpose connected with the drainage of land or any water-mill, dam, weir or other work which interfered with the proper drainage of the 'main river'. For the purchase of land compulsorily for the purposes of the Act, an order confirmed by the Minister was necessary [20 and 21 George V, c. 44, s. 45.] INTERNAL DRAINAGE DISTRICTS AND BOARDS Internal drainage districts were drainage districts within catchment areas, either constituted by schemes proposed by catchment boards under s. 4(1)(b) of the Act, or already constituted under the Land Drainage Acts, 1861-1929, or any other land drainage enactment (e.g. areas under the jurisdiction of a Commission of Sewers), which, for the purposes of the Act, were to be deemed to have been constituted under the Act [20 and 21 George V, c. 44, s. 1(4).]. Internal drainage boards, except those boards existing at the commencement of the Act, were to have an elected membership, the provisions as to the electors being set out in Part I, and the provisions as to the members and proceedings being set out in Part II, of the Third Schedule to the Act [20 and 21 George V, c. 44, s. 33.] Drainage boards were empowered: to maintain existing works ('to cleanse, repair or otherwise maintain in a due state of efficiency any existing watercourse or drainage work'); to improve existing work ('to deepen, widen, straighten or otherwise improve any existing watercourse ... or raise, widen or otherwise improve any existing drainage work'); and to construct new works ('to make any new watercourse or drainage work or erect any machinery ... required for the drainage of the area comprised within their district') [20 and 21 George V, c. 44, s. 34(1).] The expenses of internal drainage boards, in so far as they were not met by contributions from a catchment board, were to be met by means of drainage rates [20 and 21 George V, c. 44, s. 24(1).]. The rate could be either an owner's rate (if it was levied to meet the contributions payable by the board to a catchment board or the expenses in connection with new works or the improvement of existing works), or an occupier's rate (if it was levied for any other purpose) [20 and 21 George V, c. 44, s. 24(2).]. Both rates were to be levied on the occupier of property [20 and 21 George V, c. 44, s. 24(3).], but the occupier was entitled to recover the amount paid as an owner's rate from the owner [20 and 21 George V, c. 44, s. 26(4)(c).]. Every rate was to be an annual value rate (the annual value being 'the gross annual value of that land as determined for the purposes of income tax under Schedule A of the Income Tax Act, 1918, as amended by any subsequent enactment') levied at a uniform amount throughout the district, on the total annual value of the land in the case of agricultural land, and on one-third of the annual value in the case of all other land. Rates levied on the basis of acreage were, therefore, no longer legal, but a change-over period of six months was allowed to those authorities which were levying rates on the acreage principle [20 and 21 George V, c. 44, s. 24(4).]. Rates were to be made in writing, under the seal of the board, and were to be made for either six or twelve months, although supplementary rates were also permitted [20 and 21 George V, c. 44, s. 26(1-2).]; no rate was valid unless public notice thereof was given [20 and 21 George V, c. 44, s. 27.], and any appeal against a rate lay with Quarter Sessions [20 and 21 George V, c. 44, s. 30.]. Grants towards the expenditure incurred by drainage boards (other than catchment boards) were not made available until the enactment of the Agriculture Act of 1937, following which grants could be made to boards 'in exercise of their function in carrying out drainage schemes' [1 Edward VIII and 1 George VI, c. 70, s. 15.] Although it was laid down that rates should be levied at a uniform amount throughout a district, provisions were made for the division of the district into sub-districts and the consequent levying of differential rates [20 and 21 George V, c. 44, s. 24(6).], or for the complete exemption from rates of certain areas within the district [20 and 21 George V, c. 44, s. 24(7).], if the internal drainage board, after consultation with the catchment board, considered this to be just. If differential rating or exemption orders were made by the drainage board, the confirmation of the Minister was necessary [20 and 21 George V, c. 44, s. 24(8-9).] Drainage boards also had powers with regard to the making of bye-laws [20 and 21 George V, c. 44, s. 47.], the appointment of officers [20 and 21 George V, c. 44, s. 48.], the borrowing of money [20 and 21 George V, c. 44, s. 46.], and the purchase of land [20 and 21 George V, c. 44, s. 45.], which were identical to those possessed by catchment boards RIVER BOARD AREAS AND RIVER BOARDS The River Boards Act of 1948 [11 and 12 George VI, c. 32] concentrated, in a single authority in an area, existing powers relating to land drainage, fisheries, and pollution prevention, and new powers in connection with the conservation of water resources [11 and 12 George VI, c. 32, s. 4(1).]. The land drainage functions of catchment boards, as provided by the Land Drainage Act, 1930 [20 and 21 George V, c. 44.], were taken over by river boards; as were the pollution prevention functions of local authorities and joint committees of local authorities, as laid down by the Rivers Pollution Prevention Act, 1876 [39 and 40 Victoria, c. 75.], s. 8 of the Salmon and Freshwater Fisheries Act, 1923 [13 and 14 George V, c. 16.], and s. 69 of the Public Health Act, 1875 [38 and 39 Victoria, c. 55.]; and the fisheries functions of fishery boards as provided by the Salmon and Freshwater Fisheries Acts, 1923 to 1935, and the Diseases of Fish Act, 1937 [1 Edward VIII and 1 George VI, c. 33.]. The River Boards Act did not alter these functions, it merely transferred them to the new authority. However, river boards were also given new powers to conserve, as far as was practicable, the water resources of their areas and to collect information on rainfall and river flow [11 and 12 George VI, c. 32, s. 9.] The Ministers of Agriculture and Fisheries, and Health, were to make orders defining river board areas [11 and 12 George VI, c. 32, s. 1(1)(a).] and establishing boards for the areas so defined [11 and 12 George VI, c. 32, s. 1(1)(b).]. Each river board area was to consist of an area of which the drainage was directed to a particular river or group of rivers, together with adjoining areas [11 and 12 George VI, c. 32, s. 2(1).]. River boards were to consist of not more than 40 members, of whom: one was to be appointed by the Ministers; not less than three-fifths or more than two-thirds of the remainder to be appointed by county or county borough councils whose areas were included within the river board area; and the remainder to be appointed by the Minister of Agriculture and Fisheries to represent drainage and fishery interests [11 and 12 George VI, c. 32, s. 2(2).] The financial arrangements for river boards were largely modelled on those provided for catchment boards under the Land Drainage Act, 1930, the main sources of revenue being contributions from county or county borough councils (in proportion to the rateable values of such parts of their areas as were within the river board area) [11 and 12 George VI, c. 32, s. 10.], grants from the Ministry of Agriculture and Fisheries for the improvement of existing works or construction of new works, and contributions from internal drainage boards RIVER AUTHORITIES The Water Resources Act of 1963 [1963, c. 38.] set up a new system for the management of the water resources of England and Wales. River authorities, dealing with groups of river basins were established as a result of the Act; the West and East Sussex River Board areas were combined, and the Sussex River Authority constituted for the combined area. River authorities took over the existing functions of river boards, and, in addition, were made responsible for controlling the abstraction and impounding of water by means of a licensing system POST-1930 LAND DRAINAGE AUTHORITIES SOUTH WEST SUSSEX RIVERS CATCHMENT BOARD The area of which the drainage was directed to the South West Sussex Rivers was added to Part I of the First Schedule to the Land Drainage Act, 1930 [All references to 'the Act' hereafter are to the Land Drainage Act, 1930 (20 and 21 George V, c. 44).], under the powers contained in s. 2(2) of the Act, by the South West Sussex Rivers Catchment Area Order, 1938 (made [All Orders etc. were made and/or confirmed by the Minister of Agriculture and Fisheries unless otherwise stated.] on 16 September 1937 and confirmed on 20 January 1938) [S.R. & O., 1938, No. 57.], and therefore became designated a Catchment Area under s.2(1) of the Act. The map, prepared in accordance with s. 5 of the Act, showing the extent of the Catchment Area and the parts of the channels of rivers which were to be treated as 'main river' for the purposes of Part II of the Act, was approved by the Minister of Agriculture and Fisheries on 14 April 1938. This map was varied by the Minister on 28 March 1940, under the powers contained in s. 5(3) of the Act, when additional channels in Pagham Harbour were designated as 'main river' A Board was constituted for the Catchment Area by the South West Sussex Rivers Catchment Board Constitution Order, 1938 (made on 14 April 1938) [S.R. & O., 1938, No. 463.], under s. 3 of the Act. The Board was to consist of twelve members, of whom one was to be appointed by the Minister of Agriculture and Fisheries, eight were to be appointed by the West Sussex County Council, and three were to be appointed by the Minister, after considering nominations by Internal Drainage Boards within the Catchment Area, to represent those Boards and that portion of the Catchment Area for which Drainage Boards might have been, but were not, constituted. The first meeting of the Board was held on 18 July 1938 The South West Sussex Rivers Catchment Board Transfer Scheme (sealed by the Catchment Board on 17 August 1938), which provided for the transfer to the Catchment Board of all the rights and obligations of the Commissioners of Sewers for Western Sussex over the 'main river', in pursuance of s. 4(1)(a) of the Act, was confirmed by the South West Sussex Rivers Catchment Board Transfer Order, 1938 (made on 7 November 1938) [S.R. & O., 1938, No. 1394.]; the appointed day for the transfer being 8 November 1938 Following the transfer to the Catchment Board, on 1 May 1949, of the powers and duties of the South West Sussex Internal Drainage Board, by the South West Sussex Rivers Catchment Board (Transfer of Powers of the South West Sussex Internal Drainage Board) Order, 1949 [S.I., 1949, No. 806], the Catchment Board, acting as the Internal Drainage Board, dealt with all questions of internal drainage in the Drainage District The final meeting of the Catchment Board was held on 29 September 1950 and the Board was dissolved on 1 October 1950, its functions passing to the West Sussex River Board in pursuance of ss. 1 and 4(2) of the River Boards Act, 1948 [11 and 12 George VI, c. 32.], by the West Sussex River Board Constitution Order, 1950 (made on 15 June 1950) [S.I., 1950, No. 974.] SOUTH WEST SUSSEX INTERNAL DRAINAGE BOARD The South West Sussex Internal Drainage District Scheme (sealed by the South West Sussex Rivers Catchment Board on 4 February 1947) provided for: the constitution of the South West Sussex Internal Drainage District; the constitution of an Internal Drainage Board (with eight members) for the District; and the abolition of the Commission of Sewers for Western Sussex, in pursuance of s. 4(1)(b) of the Act. This was confirmed by the South West Sussex Rivers Catchment Board (South West Sussex Internal Drainage District) Order, 1948 (made on 19 February 1948 and finally confirmed on 29 July 1948) [S.I., 1948, No. 1817.]; the appointed day for the provisions to take effect being 1 August 1948. The first meeting of the Board was held on 15 October 1948 The powers and duties of the Internal Drainage Board were transferred to the South West Sussex Rivers Catchment Board under s. 11 of the Act, after a petition to this effect had been presented to the Minister of Agriculture and Fisheries by the Catchment Board. The transfer was effected by the South West Sussex Rivers Catchment Board (Transfer of Powers of the South West Sussex Internal Drainage Board) Order, 1949 (made on 20 January 1949 and confirmed on 25 April 1949) [S.I., 1949, No. 806.]; the appointed day for the transfer being 1 May 1949 [As provided in the South West Sussex Rivers Catchment Board (Transfer of Powers of the South West Sussex Internal Drainage Board) Order (Appointed Day), 1949 (made on 25 April 1949), S.I., 1949, No. 807.]. The final meeting of the Board was held on 18 March 1949 RIVER ARUN CATCHMENT BOARD The area of which the drainage was directed to the River Arun was listed in Part I of the First Schedule to the Act, and was therefore designated a Catchment Area under s.2(1) of the Act. The map, prepared in accordance with s. 5 of the Act, showing the extent of the Catchment Area and the parts of the channels of rivers which were to be treated as 'main river' for the purposes of Part II of the Act, was approved by the Minister of Agriculture and Fisheries on 8 November 1930. The transfer of a small area of land at Yapton to the South West Sussex Rivers Catchment Area, as a result of the artificial alteration of the actual direction of the drainage of the land, was directed by the River Arun Catchment Area (Alteration of Boundaries) Order, 1938 (made on 9 December 1937 and confirmed on 17 January 1938) [S.R. & O., 1938, No. 53.], under s. 2(2) of the Act A Board was constituted for the Catchment Area by the River Arun Catchment Board Constitution Order, 1930 (made on 8 November 1930) [S.R. & O., 1930, No. 909.], under s. 3 of the Act. The Board was to consist of sixteen members, of whom one was to be appointed by the Minister of Agriculture and Fisheries, seven were to be appointed by the West Sussex County Council, two by the Surrey County Council and one by the Hampshire County Council, and five were to be appointed by the Minister, after considering nominations by Internal Drainage Boards within the Catchment Area [For the purposes of this part of the Act, the Littlehampton Harbour Board was considered to be an Internal Drainage Board.], to represent those Boards and that portion of the Catchment Area for which Drainage Boards might have been, but were not, constituted. The first meeting of the Board was held on 25 February 1931 The Board was reconstituted by the River Arun Catchment Board Constitution Order (No. 2), 1933 (made on 2 October 1933) [S.R. & O., 1933, No. 969.], under s. 3 of the Act. Thereafter it was to consist of sixteen members, of whom one was to be appointed by the Minister of Agriculture and Fisheries, eight were to be appointed by the West Sussex County Council, one by the Surrey County Council and one by the Hampshire County Council, and five were to be appointed by the Minister after considering nominations by Internal Drainage Boards within the Catchment Area [For the purposes of this part of the Act, the Littlehampton Harbour Board was considered to be an Internal Drainage Board.] The River Arun Catchment Board Transfer Scheme (sealed by the Catchment Board on 21 May 1931), which provided for the transfer to the Catchment Board of all the rights and obligations of the Commissioners of Sewers for the Rape of Arundel over the 'main river', in pursuance of s. 4(1)(a) of the Act, was confirmed by the River Arun Catchment Board Transfer Order, 1931 (made on 5 October 1931) [S.R. & O., 1931, No. 877.] The powers and duties of the Commissioners of Sewers for the Rape of Arundel acting as the Arun Internal Drainage Board were transferred to the River Arun Catchment Board under s. 11 of the Act, after a petition to this effect had been presented to the Minister of Agriculture and Fisheries by the Catchment Board. The transfer was effected by the River Arun Catchment Board (Transfer of Powers of the Rape of Arundel Commissioners of Sewers) Order, 1933. Following this transfer the Catchment Board, acting as the Internal Drainage Board, dealt with all questions of internal drainage in the Drainage District The River Arun Catchment Board (Abolition of Commissioners of Sewers) Scheme (sealed by the Catchment Board on 27 April 1933), which provided for the abolition of the Commission of Sewers for the Rape of Arundel, in pursuance of s. 4(1)(b) of the Act, was confirmed by the River Arun Catchment Board (Abolition of Commissioners of Sewers) Order, 1933 (made on 12 July 1933 and finally confirmed on 21 August 1933) [S.R. & O., 1933, No. 841.] The final meeting of the Catchment Board was held on 6 July 1950 and the Board was dissolved on 1 October 1950, its functions passing to the West Sussex River Board in pursuance of ss. 1 and 4(2) of the River Boards Act, 1948 [11 and 12 George VI, c. 32.], by the West Sussex River Board Constitution Order, 1950 (made on 15 June 1950) [S.I., 1950, No. 974.] RIVER ADUR CATCHMENT BOARD The area of which the drainage was directed to the River Adur was listed in Part I of the First Schedule to the Act, and was therefore designated a Catchment Area under s. 2(1) of the Act. The map, prepared in accordance with s. 5 of the Act, showing the extent of the Catchment Area and the parts of the channels of rivers which were to be treated as 'main river' for the purposes of Part II of the Act, was approved by the Minister of Agriculture and Fisheries on 3 November 1930 A Board was constituted for the Catchment Area by the River Adur Catchment Board Constitution Order, 1930 (made on 3 November 1930) [S.R. & O., 1930, No. 881.], under s. 3 of the Act. The Board was to consist of sixteen members, of whom one was to be appointed by the Minister of Agriculture and Fisheries, six were to be appointed by the West Sussex County Council and four by the East Sussex County Council, and five were to be appointed by the Minister, after considering nominations by Internal Drainage Boards within the Catchment Area, to represent those Boards and that portion of the Catchment Area for which Drainage Boards might have been, but were not, constituted. The first meeting of the Board was held on 24 March 1931 The River Adur Catchment Board Transfer Scheme (sealed by the Catchment Board on 17 August 1931), which provided for the transfer to the Catchment Board of all the rights and obligations of the Commissioners of Sewers for the Rape of Bramber and the Trustees of the River Adur Navigation over the 'main river', in pursuance of s. 4(1)(a) of the Act, was confirmed by the River Adur Catchment Board Transfer Order, 1932 (made on 23 January 1932) [S.R. & O., 1932, No. 52.] Following the transfer to the Catchment Board of the powers and duties of the River Adur Drainage Board, by the River Adur Catchment Board (Transfer of Powers of the River Adur Drainage Board) Order, 1933, the Catchment Board, acting as the Internal Drainage Board, dealt with all questions of internal drainage in the Drainage District. However, the administration, and therefore the records, of the Catchment Board acting as the Drainage Board remained distinct from those of the Catchment Board The final meeting of the Catchment Board was held on 27 September 1950 and the Board was dissolved on 1 October 1950, its functions passing to the West Sussex River Board in pursuance of ss. 1 and 4(2) of the River Boards Act, 1948 [11 and 12 George VI, c. 32.], by the West Sussex River Board Constitution Order, 1950 (made on 15 June 1950) [S.I., 1950, No. 974.] RIVER ADUR DRAINAGE BOARD The River Adur Drainage District Scheme (sealed by the River Adur Catchment Board on 17 August 1931) provided for: the abrogation of the powers of the Commissioners of Sewers for the Rape of Bramber; the constitution of the River Adur Drainage District; and the constitution of a Drainage Board (with five members) for the District, in pursuance of s. 4(1)(b) of the Act. This was confirmed by the River Adur Catchment Board (River Adur Drainage District) Order, 1933 (made on 20 February 1933 and finally confirmed on 29 March 1933) [S.R. & O., 1933, No. 309.]; the appointed day for the provisions to take effect being 1 April 1933. The first meeting of the Board was held on 19 April 1933 The powers and duties of the Internal Drainage Board were transferred to the River Adur Catchment Board under s. 11 of the Act, after a petition to this effect had been presented to the Minister of Agriculture and Fisheries by the Catchment Board. The transfer was effected by the River Adur Catchment Board (Transfer of Powers of the River Adur Drainage Board) Order, 1933 (made on 13 July 1933 and confirmed on 28 August 1933); the appointed day for the transfer being 30 September 1933. The final meeting of the Board was held on 19 July 1933. However, the administration, and therefore the records, of the Catchment Board acting as the Drainage Board, remained distinct from those of the Catchment Board WEST SUSSEX RIVER BOARD The areas of which the drainage was directed towards a group of rivers and their tributaries lying principally in the administrative County of West Sussex, together with certain adjoining areas, were designated a River Board Area under ss. 1(1)(a) and 2(1) of the River Boards Act, 1948 [11 and 12 George VI, c. 32.], by the West Sussex River Board Area Order, 1950 (made [All Orders etc. were made by the Ministers of Agriculture and Fisheries, and Health, unless otherwise stated.] on 6 March 1950) [S.I., 1950, No. 314.] A Board was constituted for the River Board Area by the West Sussex River Board Constitution Order, 1950 (made on 15 June 1950) [S.I., 1950, No. 974.], under ss. 1(1)(b), 2(2-5), 27 and 35 of the Act. The Board was to consist of twenty-one members, of whom one was to be appointed by the Ministers of Agriculture and Fisheries and Health, eight were to be appointed by the West Sussex County Council (two on the nomination of Worthing Borough Council), four by the East Sussex County Council (three on the nomination of Hove Borough Council), and one by the Hampshire and Surrey County Councils jointly, and seven were to be appointed by the Minister of Agriculture and Fisheries, five of whom were to represent drainage interest and two to represent fishery interests. By the same Order the responsibilities of the River Adur, River Arun and South West Sussex Rivers Catchment Boards were transferred to the River Board and these bodies were dissolved from 1 October 1950. The first meeting of the Board was held on 13 July 1950 The final meeting of the River Board was held on 26 March 1965 and the Board was dissolved on 1 April 1965, its functions passing to the Sussex River Authority, constituted under the Water Resources Act, 1963 [The Sussex River Authority was established by the Sussex River Authority Constitution Order, 1964 (S.I., 1964, No. 1028), under s. 3(1) of the Water Resources Act, 1963 (1963, c. 38). The Authority was brought into existence on 15 October 1964 by the River Authorities (First Appointed Day) Order, 1964 (S.I., 1964, No. 1267), under s. 3(4)(a) of the Act, and assumed the functions of existing authorities on 1 April 1965 by the River Authorities (Second Appointed Day) Order, 1964 (S.I., 1964, No. 1268), under ss. 3(4)(b) and 5 of the Act.] BIBLIOGRAPHY Robert Callis: The Reading ... Upon the Statute of 23 H. 8. Cap. 5. of Sewers As it was delivered by him at Grays-Inn, in August, 1622, 1647 Second edition, 1685; 'second edition', 1686; 'fourth edition', 1810; 'fourth edition', with additions by William Broderip, 1824; all with minor variations of the title John Herne: Lent, 1638. The Learned Reading ... upon The Statute of 23 H. 8. Cap. 5. concerning Commissions of Sewers, 1659 William Dugdale: The History of Imbanking and Drayning of Divers Fenns and Marshes, Both in Foreign Parts, and in this Kingdom; And of the Improvements thereby, 1662 Second edition, revised by Charles Nalson Cole, 1772 Anon.: The Laws of Sewers; or the Office and Authority of Commissioners of Sewers ..., 1726 Second edition, 1732 Humphry W. Woolrych: A Treatise on the Law of Waters, and of Sewers ..., 1830 Second edition, entitled A Treatise of the Law of Sewers, including The Drainage Acts, 1849; third edition (with title as second edition), 1864 G. G. Kennedy and J. S. Sandars: The Law of Land Drainage & Sewers. A Treatise upon the Law relating to Commissions of Sewers, Drainage Boards, and other Drainage Authorities ..., 1884 First and Third Report of the Royal Commission on Coastal Erosion, Reclamation of Tidal Lands (and Afforestation) [Cd. 3683, 3684], H.C. (1907), xxxiv, and [Cd. 5708, 5709], H.C. (1911), xiv Deal with Commissions of Sewers only in so far as they were responsible for coastal defences H. G. Richardson: 'Note on the Constitution and Records of Commissions of Sewers', Second Report of the Royal Commission on Public Records [Cd. 7545], App. II, pp. 98-100, H.C. (1914), xlvi H. G. Richardson: 'The Early History of Commissions of Sewers', English Historical Review, Vol. 34, 1919, pp. 385-393 Sidney and Beatrice Webb: English Local Government: Vol. 4, Statutory Authorities for Special Purposes (ch. 1, 'The Court of Sewers', pp. 13-106), 1922 Reprinted, 1963 Francis L. C. Floud: The Ministry of Agriculture and Fisheries, 1927. Especially pp. 255-261 Report of the Royal Commission on Land Drainage in England and Wales [Cmd. 2993], H.C. (1927), x Alban Dobson and Hubert Hull: The Land Drainage Act, 1930, 1931 A. Mary Kirkus (ed.): The Records of the Commissioners of Sewers in the Parts of Holland, 1547-1603, vol. i, Lincoln Record Society, Vol. 54, 1959 Ida Darlington: 'The London Commissioners of Sewers and their Records', Journal of the Society of Archivists, Vol. 2, 1960-64, pp. 196-210 Reprinted as Ida Darlington, The London Commissioners of Sewers and their Records, 1970 A. E. B. Owen: 'Land Drainage Authorities and their Records', Journal of the Society of Archivists, Vol. 2, 1960-64, pp. 417-423 A. S. Wisdom: The Law of Rivers and Watercourses, 1962 Second edition, 1970 A. E. B. Owen: 'Short Guides to Records: 15, Records of Commissions of Sewers', History, Vol. 52, 1967, pp. 35-38 A. E. B. Owen (ed.): The Records of the Commissioners of Sewers in the Parts of Holland, 1547-1603, vol. ii, Lincoln Record Society, Vol. 63, 1968 ABBREVIATIONS AND CONVENTIONS Callis Robert Callis, The Reading... upon the Statute of Sewers..., 1824 edition Cal. Pat. Rolls Calendar of Patent Rolls, 1891- (in progress) Kennedy & Sandars G. G. Kennedy and J. S. Sandars, The Law of Land Drainage and Sewers, 1884 L. & P. Hen. VIII Calendar of Letters and Papers, Foreign and Domestic, Henry VIII, 1864-1932 O.E.D. Oxford English Dictionary, 1933 edition Woolrych Humphry W. Woolrych, A Treatise of the Law of Sewers..., 3rd edition, 1864 a. acre(s) O.S. Ordnance Survey bt. baronet p. perch(es) in land measurement c. chapter of Act of Parliament p(p). page(s) of paper c. circa in dating p.a. per annum cent. century PRO Public Record Office co. county r. rod(s) in land measurement C.C. County Council R.D.(C.) Rural District (Council) doc. document s(s). section(s) of Act of Parliament f(f). folio(s) of paper sen. senior ft. foot or feet S.I. Statutory Instruments H.C. House of Commons S.R. & O. Statutory Rules and Orders in. inch(es) U.D.(C.) Urban District (Council) jun. junior v. verso of a folio m. mile(s) vol(s). volume(s) m(m). membrane(s) of parchment w.m. water mark MS(S). Manuscript(s) W.S.R.O. West Sussex Record Office n.d. no date given in document yd(s). yard(s) N.S.E.W. north, south, east and west yeo. yeoman O.D. Ordnance Datum Personal and place names have been left as they appear in the original document even where this leads to inconsistencies within one entry. Parish names, however, have been given in their modern form throughout When folio or page numbers of a volume are given as from a higher number to a lower, this indicates that the volume has been used from both ends With maps or plans, the title of the map, with the wording taken from different parts of the map separated by an oblique stroke, is followed by the scale, and dimensions in inches (height x breadth); the date of the map, when this does not appear in the title, is given in square brackets. The parishes covered by the map are listed (unless given in the title), and are followed by a brief description of the area of the map; features named and/or marked are then listed. Where such features are marked on the map but not named, their modern name is given in the catalogue; features named are followed by their modern names (if markedly different) in square brackets APPENDIX I ACTS OF PARLIAMENT RELATING TO LAND DRAINAGE, 1427-1948 6 Henry VI, c. 5. 1427 8 Henry VI, c. 3. 1429 18 Henry VI, c. 10. 1439 23 Henry VI, c. 8 [c. 9 in The Statutes At Large.] 1445 12 Edward IV, c. 6. 1472 4 Henry VII, c. 1. 1489 6 Henry VIII, c. 10. An act for commission of sewers. 1515 [Statute of Sewers, 1532.] 23 Henry VIII, c. 5. The Bill of Sewers with a new proviso, etc. 1532 25 Henry VIII, c. 10. An act concerning the acceptance of the oath to the act of sewers. 1534 3 and 4 Edward VI, c. 8. An act for the continuance of the statute of sewers. 1549/50 13 Elizabeth I, c. 9. An act for the commission of sewers. 1571 7 Anne, c. 33 [7 Anne, c. 10, Ruffhead edition.]. An act for rendering more effectual the laws concerning commissions of sewers. 1708 [Sewers Act, 1833 [These titles were given by the Short Titles Acts, 1892 and 1896 (55 and 56 Victoria, c. 10, and 59 and 60 Victoria, c. 14).]] 3 and 4 William IV, c. 22. An Act to amend the Laws relating to Sewers. 28 June 1833 [Sewers Act, 1841 [These titles were given by the Short Titles Acts, 1892 and 1896 (55 and 56 Victoria, c. 10, and 59 and 60 Victoria, c. 14).] 4 and 5 Victoria, c. 45. An Act to amend an Act passed in the Third and Fourth Years of the Reign of His late Majesty King William the Fourth, intituled 'An Act to amend the Laws relating to Sewers'. 21 June 1841 [Sewers Act, 1849 [These titles were given by the Short Titles Acts, 1892 and 1896 (55 and 56 Victoria, c. 10, and 59 and 60 Victoria, c. 14).] 12 and 13 Victoria, c. 50. An Act for further amending the Laws relating to Sewers. 28 July 1849 Land Drainage Act, 1861. 24 and 25 Victoria, c. 133. An Act to amend the Law relating to the Drainage of Land for Agricultural Purposes. 6 August 1861 Land Drainage Act, 1914. 5 George V, c. 4. An Act to make better provision for the execution and maintenance of Land Drainage Works. 27 November 1914 Land Drainage Act, 1918. 8 and 9 George V, c. 17. An Act to amend the Land Drainage Act, 1861, and to make further provision for the drainage of agricultural land. 30 July 1918 Land Drainage Act, 1926. 16 and 17 George V, c. 24. An Act to amend the law with respect to the drainage of agricultural land. 4 August 1926 Land Drainage Act, 1929. 20 George V, c. 8. An Act to make further provision with respect to the construction of certain references to rateable value in enactments relating to the drainage and protection of land. 26 July 1929 Land Drainage Act, 1930. 20 and 21 George V, c. 44. An Act to amend and consolidate the enactments relating to the drainage of land, and for purposes in connection with such amendment. 1 August 1930 Agriculture Act, 1937. 1 Edward VII and 1 George VI, c. 70. An Act to assist farmers to increase the fertility of their land ... and for purposes connected with the matters aforesaid. 30 July 1937 River Boards Act, 1948. 11 and 12 George VI, c. 32. An Act to provide for establishing river boards and for conferring on or transferring to such boards functions relating to land drainage, fisheries and river pollution and certain other functions; and for purposes connected with the matters aforesaid. 28 May 1948 APPENDIX II COMMISSIONS OF SEWERS ISSUED FOR WEST SUSSEX, 1442-1860 Original Commissions have survived from the beginning of the nineteenth century, and information regarding earlier Commissions has been obtained from various sources. From 1427 to 1564 Commissions of Sewers, in common with other commissions, were enrolled on the dorse of the Patent Rolls; however, this practice was discontinued after 1564 and not resumed until 1594. Orders of 1596/97 and 1599 made provision for the regular enrolment of commissions, which continued thereafter until 1640 and for about five years after 1660 [Guide to the Contents of the Public Record Office, Vol. 1, 1963, p. 23; details of Commissions endorsed on the Patent Rolls are to be found in the Calendar of Patent Rolls and Calendar of Letters and Papers ... Henry VIII.]. From 1595 to 1859 Commissions are to be found noted in the Crown Office Docket Books (Public Record Office, Class C. 231), and from 1601 to 1673 the names of Commissioners are listed in the Crown Office Entry Books of Commissions (PRO, Class C. 181). From the beginning of the eighteenth century the Commissions issued for Western Sussex and the Rape of Arundel are entered in full in the respective minute books; however, this practice did not apply in the Rape of Bramber. Following the Land Drainage Act, 1861, no new Commissions were issued for West Sussex, and additional Commissioners were thereafter appointed by Warrant under the Royal Sign Manual COMMISSIONS FOR WEST SUSSEX, 1442-1694 26 November 1442. Commission for the area 'between the parish of Berghstede on the west and the parish of Felgham on the east and thence to Westregate' directed to Edmund Mille and 5 others Cat. Pat. Rolls, 1441-1446, p. 155 7 May 1456. Commission for the area 'from Coleworth to Felgham Brigge and thence to the sea' directed to Sir Roger Leukenore and 6 others Cal. Pat. Rolls, 1452-1461, p. 309 10 November 1457. Commission for the area 'from Coleworth to Fleghambrigge and thence to the sea' directed to Sir Richard Fenys and 8 others Cal. Pat. Rolls, 1452-1461, p. 442, and William Dugdale, The History of Imbanking and Drayning ..., 1662, p. 101 7 June 1463. Commission for the area 'by the coast of the sea and the marsh from Colworth to the sea' directed to Sir Roger Leukenore and 5 others Cal. Pat. Rolls, 1461-1467, p. 280, and Dugdale, op. cit 13 February 1467. Commission for the area 'from the water of Coleworth to the sea' directed to Sir Roger Leukenore and 6 others Cal. Pat. Rolls, 1461-1467, p. 528, and Dugdale, op. cit 16 November 1534. Commission for the county of Sussex directed to R[obert Sherborne] Bishop of Chichester and 54 others L. & P. Hen. VIII, 1534, p. 559 4 July 1538. Commission 'for the sea coast and marsh grounds between Felgham ... and Emsworth [co. Hants.]' directed to Henry [Fitzalan] Lord Mautravers and 13 others L. & P. Hen. VIII, Jan.-July 1538, p. 563 21 April 1554. Commission for the county of Sussex directed to Henry [Fitzalan, 12th] Earl of Arundel and 38 others Cal. Pat. Rolls, 1553-1554, p. 37 2 July 1555. Commission for the county of Sussex directed to Henry [Fitzalan, 12th] Earl of Arundel and 41 others Cal. Pat. Rolls, 1554-1555, pp. 110-111 6 July 1564. Commission for the county of Sussex directed to Henry [Fitzalan, 12th] Earl of Arundel and 34 others Cal. Pat. Rolls, 1563-1566, p. 40 26 August 1564. Commission for the county of Sussex directed to Henry [Fitzalan, 12th] Earl of Arundel and 31 others Cal. Pat. Rolls, 1563-1566, pp. 37-38 23 February 1604. Commission for the county of Sussex directed to Thomas [Sackville, 1st] Lord Buckhurst (Lord Treasurer) and 74 others PRO, C. 181/1, ff. 81-81v 22 December 1610. Commission for the county of Sussex directed to Charles [Howard, 1st] Earl of Nottingham (Lord Admiral) and 106 others PRO, C. 181/2, ff. 134-135v 18 July 1617. Commission for the county of Sussex directed to Charles [Howard, 1st] Earl of Nottingham (Lord Admiral) and 109 others PRO, C. 181/2, ff. 292-294v 25 November 1624. Commission for the county of Sussex directed to Thomas [Howard, 14th] Earl of Arundel and 125 others PRO, C. 181/3, ff. 133-134v 9 May 1625. Commission for the county of Sussex directed to Thomas [Howard, 14th] Earl of Arundel and 124 others PRO, C. 181/3, ff. 166v-167v 30 March 1630. Commission for the county of Sussex, except for such limits as were contained in four Commissions previously issued [The four previous commissions were for Guldeford Marsh, Brede Level and two for the counties of Kent and Sussex.], directed to Thomas [Howard, 14th] Earl of Arundel and 120 others PRO, C. 181/4, ff. 46v-47v 19 June 1630. Commission for the county of Sussex, except for such limits as were contained in four Commissions previously issued [The four previous commissions were for Guldeford Marsh, Brede Level and two for the counties of Kent and Sussex.], directed to Thomas [Howard, 14th] Earl of Arundel and 119 others PRO, C. 181/4, ff. 53v-54v 26 [The date is given at 31 May 1637 in PRO, C. 231/5, p. 245.] May 1637. Commission for the county of Sussex, except for such limits as were contained in four Commissions previously issued [The four previous commissions were for Guldeford Marsh, Brede Level and two for the counties of Kent and Sussex.], directed to Thomas [Howard, 14th] Earl of Arundel and 128 others PRO, C. 181/5, ff. 69-71 10 July 1638. Commission for the parishes of Appledram, Fishbourne, Bosham and Chidham and areas in Hampshire directed to Sir Richard Norton bt. and 24 others PRO, C. 181/5, ff. 115v-116 26 July 1645. Commission for the Rapes of Chichester and Arundel directed to Sir William Morley and 37 others PRO, C. 181/5, ff. 257-257v 26 November 1649. Commission for the Rapes of Chichester and Arundel PRO, C. 231/6, p. 169 12 February 1649/50. Commission for the Rapes of Chichester and Arundel PRO, C. 231/6, p. 175 2 June 1655. Commission for the Rapes of Chichester and Arundel directed to Algernon [Percy, 10th] Earl of Northumberland and 35 others PRO, C. 181/6, pp. 106-107 30 June 1656. Commission for the Rapes of Chichester and Arundel directed to Major General William Goffe and 37 others PRO, C. 181/6, pp. 160-161 28 December 1658. Commission for the Rapes of Bramber, Arundel and Chichester directed to William, Lord Goffe and 68 others PRO, C. 181/6, pp. 346-347 1 October 1660. Commission for the Rapes of Chichester, Arundel and Bramber directed to Algernon [Percy, 10th] Earl of Northumberland and 40 others PRO, C. 181/7, pp. 58-59 6 August 1669. Commission for the Rapes of Chichester, Arundel and Bramber directed to Joceline [Percy, 11th] Earl of Northumberland and 65 others PRO, C. 181/7, pp. 566-567 20 July 1676. Commission for the Rapes of Chichester and Arundel PRO, C. 231/7, p. 517 7 August 1677. Commission for the Rape of Bramber PRO, C. 231/7, p. 532 30 April 1678. Commission for the Rape of Bramber PRO, C. 231/7, p. 543 20 March 1680. Commission for the Rape of Arundel PRO, C. 231/8, p. 25 21 March 1682. Commission for the Rapes of Chichester and Arundel PRO, C. 231/8, p. 63 10 November 1685. Commission for the Rapes of Chichester and Arundel PRO, C. 231/8, p. 139 19 December 1685. Commission for the Rape of Bramber PRO, C. 231/8, p. 141 15 October 1689. Commission for the Rapes of Chichester and Arundel PRO, C. 231/8, p. 241 15 May 1694. Commission for the Rape of Bramber PRO, C. 231/8, p. 320 COMMISSIONS FOR THE WESTERN PART OF SUSSEX, 1700-1860 The Commissions of 1700 and 1703 were issued for the Rape of Chichester and that part of the Felpham and Bognor Level lying in the Rape of Arundel. The Commission of 1712 was issued for the Rape of Chichester, but thereafter all Commissions were issued for the Western Part of the County of Sussex 11 January 1700. Commission. PRO, C. 231/8, p. 419 25 June 1703. Commission. PRO, C. 231/9, p. 98 18 December 1703. Commission. PRO, C. 231/9, p. 104 17 March 1712. Commission. PRO, C. 231/9, p. 260 10 July 1721. Commission directed to Charles [Seymour, 6th] Duke of Somerset and 27 others LD/I/SM1/1, pp. 128-132 3 February 1728. Commission directed to Charles [Seymour, 6th] Duke of Somerset and 38 others LD/I/SM1/1, pp. 163-167 3 August 1736. Commission directed to Charles [Seymour, 6th] Duke of Somerset and 42 others LD/I/SM1/1, pp. 231-238 4 March 1747. Commission directed to Charles [Seymour, 6th] Duke of Somerset and 42 others LD/I/SM1/1, pp. 265-274 24 May 1758. Commission directed to Charles [Lennox, 3rd] Duke of Richmond and 44 others LD/I/SM1/1, pp. 312-318 5 March 1761. Commission directed to Charles [Lennox, 3rd] Duke of Richmond and 44 others LD/I/SM1/1, pp. 327-332 31 December 1771. Commission directed to Charles [Lennox, 3rd] Duke of Richmond and 70 others LD/I/SM2/1, pp. 1-5 1 May 1787. Commission directed to Charles [Lennox, 3rd] Duke of Richmond and 78 others LD/I/SM2/1, pp. 53-60 16 December 1797. Commission directed to Charles [Lennox, 3rd] Duke of Richmond and 72 others LD/I/SM2/1, pp. 76-82 17 December 1808. Commission directed to Charles [Lennox, 4th] Duke of Richmond and 68 others LD/I/SM2/1, pp. 93-98 7 November 1818. Commission directed to Charles [Lennox, 4th] Duke of Richmond and 72 others The original Commission is LD/I/CC1 21 January 1828. Commission directed to Charles [Lennox, 5th] Duke of Richmond and 84 others LD/I/SM2/1, pp. 164-175 26 March 1832. Commission directed to Charles [Lennox, 5th] Duke of Richmond and 112 others The original Commission is LD/I/CC3 30 September 1841. Commission directed to Charles [Gordon Lennox, 5th] Duke of Richmond and 120 others The original Commission is LD/I/CC4/2 17 January 1850. Commission directed to Charles [Gordon Lennox, 5th] Duke of Richmond and 106 others LD/I/SM3, pp. 87-94 11 January 1860. Commission directed to Charles [Gordon Lennox, 5th] Duke of Richmond and 111 others The original Commission is LD/I/CC5/2 COMMISSIONS FOR THE RAPE OF ARUNDEL, 1700-1857 14 December 1700. Commission. PRO, C. 231/9, p. 14 7 April 1704. Commission. PRO, C. 231/9, p. 111 20 February 1708. Commission. PRO, C. 231/9, p. 170 21 November 1717. Commission. PRO, C. 231/9, p. 437 16 March 1726. Commission. PRO, C. 231/10, p. 95 6 August 1731. Commission directed to Charles [Seymour, 6th] Duke of Somerset and 68 others LD/II/SM1, pp. 52-57 5 September 1741. Commission directed to Charles [Seymour, 6th] Duke of Somerset and 101 others LD/II/SM1, pp. 116-121 2 August 1751. Commission directed to Thomas [Pelham-] Holles [1st] Duke of Newcastle and 96 others LD/II/SM1, pp. 176-180 17 June 1761. Commission directed to Thomas [Pelham-] Holles [1st] Duke of Newcastle and 90 others LD/II/SM1, pp. 219-223 19 November 1777. Commission directed to Charles [Lennox, 3rd] Duke of Richmond and 102 others LD/II/SM1, pp. 293-299 17 July 1787. Commission directed to Charles [Howard, 11th] Duke of Norfolk and 82 others LD/II/SM2, pp. 1-11 31 January 1798. Commission directed to Charles [Howard, 11th] Duke of Norfolk and 83 others LD/II/SM2, pp. 93-101 6 January 1808. Commission directed to Charles [Howard, 11th] Duke of Norfolk and 88 others LD/II/SM2, pp. 177-183 20 January 1818. Commission directed to Barnard [recte Bernard] Edward [Howard, 12th] Duke of Norfolk and 103 others The original Commission is Add Mss 1580 23 January 1828. Commission directed to Bernard Edward [Howard, 12th] Duke of Norfolk and 98 others The original Commission is Add Mss 1581 23 January 1838. Commission directed to Bernard Edward [Howard, 12th] Duke of Norfolk and 137 others LD/II/SM2, pp. 370-376 6 December 1847. Commission directed to Henry Charles [Howard, 13th] Duke of Norfolk and 134 others The original Commission is Add Mss 1582 3 November 1857. Commission directed to Henry Granville [Fitzalan-Howard, 14th] Duke of Norfolk and 180 others The original Commission is Add Mss 1582 COMMISSIONS FOR THE RAPE OF BRAMBER, 1703-1860 19 January 1703. Commission. PRO, C. 231/9, p. 87 30 November 1711. Commission. PRO, C. 231/9, p. 248 1 March 1715. Commission. PRO, C. 231/9, p. 355 18 December 1725. Commission. PRO, C. 231/10, p. 74 21 June 1728. Commission. PRO, C. 231/10, p. 151 9 March 1733. Commission. PRO, C. 231/10, p. 201 29 June 1743. Commission. PRO, C. 231/10, p. 356 11 July 1753. Commission. PRO, C. 231/11, p. 132 15 February 1762. Commission. PRO, C. 231/11, p. 317 29 February 1772. Commission. PRO, C. 231/12, p. 137 28 February 1782. Commission. PRO, C. 231/12, p. 301 21 May 1792. Commission. PRO, C. 231/13, p. 88 2 June 1802. Commission directed to Charles [Lennox, 3rd] Duke of Richmond and 58 others The original Commission is LD/III/CC1 27 May 1812. Commission. PRO, C. 231/14, p. 52 14 June 1820. Commission directed to Bernard Edward [Howard, 12th] Duke of Norfolk and 77 others The original Commission is LD/III/CC2 20 August 1830. Commission directed to Bernard Edward [Howard, 12th] Duke of Norfolk and 81 others The original Commission is LD/III/CC3/1 10 June 1840. Commission. PRO, C. 231/15, p. 625 18 May 1850. Commission directed to Henry Charles [Howard, 13th] Duke of Norfolk and 92 others The original Commission is LD/III/CC5/2 3 May 1860. Commission directed to Henry Granville [Fitzalan-Howard, 14th] Duke of Norfolk and 69 others The original Commission is LD/III/CC6 APPENDIX III CLERKS TO THE LAND DRAINAGE AUTHORITIES OF WEST SUSSEX, 1691-1965 An italicised date indicates that this is the earliest or latest known date of the holding of the office, and is not, necessarily, the date of appointment or death/resignation/dismissal CLERKS TO THE COMMISSIONERS OF SEWERS FOR THE WESTERN PART OF SUSSEX, 1691-1939 William Baldwin 1691-1698 [poss. Thomas Peachey] Richard Covert 1712-1715 Richard Covert and John Fletcher 1715-1726 John Fletcher and Benjamin Covert 1726-1737 John Fletcher 1737-1751 George Stamper 1753-1762 Randolph Tutte 1762-1778 Thomas White 1778-1781 Thomas Gawne 1781-1816 William Sowton and Richard Fuller 1816-1841 Richard Fuller 1841-1843 Matthias J. Sowton 1843-1866 Edmund Peachey 1866-1889 Sir Robert G. Raper 1889-1901 William B. B. Freeland 1901-1921 George A. Tyacke 1921-1933 Guy H. H. Tripp 1933-1939 CLERKS TO THE COMMISSIONERS OF SEWERS FOR THE RAPE OF ARUNDEL, 1700-1933 'Mr. Baldwin c.1700 Richard Manning 1701-1725 Thomas Gratwicke 1725-1741 Edward Carleton 1741-1778 Edward Carleton, jun. 1778-1788 William Carleton 1788-1802 William Holmes 1802-1828 Richard Holmes 1828-1856 Richard Holmes, jun. 1856-1895 Richard Holmes 1895-1902 Arthur Holmes 1902-1927 Herbert A. E. Hey 1927-1933 CLERKS TO THE COMMISSIONERS OF SEWERS FOR THE RAPE OF BRAMBER, 1812-1933 Charles Marshall 1812-1844 John Tribe 1844-1864 John Ingram 1864-1879 George A. Flowers 1879-1929 Leslie V. Donne 1930-1933 CLERKS TO THE SOUTH WEST SUSSEX RIVERS CATCHMENT BOARD, 1938-1950 Adrian D. Robinson (temp.) 1938-1939 Tom C. Hayward 1939-1950 CLERKS TO THE RIVER ARUN CATCHMENT BOARD, 1931-1950 Herbert A. E. Hay 1931-1946 Geoffrey Campbell 1946-1950 CLERK TO THE RIVER ADUR CATCHMENT BOARD, 1931-1950 Leslie V. Donne 1931-1950 CLERK TO THE WEST SUSSEX RIVER BOARD, 1950-1965 Tom C. Hayward 1950-1965 Thanks The County Records Committee and the County Archivist would like to take this opportunity of thanking the various authorities who deposited these documents in the West Sussex Record Office and thus made them available for study. My thanks are due to the various members of the staff of the Sussex River Authority for their assistance. Above all I must acknowledge the help and encouragement which I have received at every stage in the compilation of this catalogue from Mrs. Patricia Gill, County Archivist of West Sussex. I am also indebted to Mrs. June Cameron for her patient work in typing the manuscript and to my wife who read the whole work--many times DAVID J. BUTLER Chichester March 1973 |
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