Economics -- Early works to 1800; Finance -- Great Britain; Great Britain -- Economic conditions -- 18th century
The proposal is as follows:—First, that an Act of Parliament be made with
liberty for the undertakers to dig and trench, to cut down hedges and
trees, or whatever is needful for ditching, draining and carrying off
water, cleaning, enlarging and levelling the roads, with power to lay
open or enclose lands; to encroach into lands; dig, raise, and level
fences; plant and pull up hedges or trees (for the enlarging, widening,
and draining the highways), with power to turn either the roads or
watercourses, rivers and brooks, as by the directors of the works shall
be found needful, always allowing satisfaction to be first made to the
owners of such lands (either by assigning to them equivalent lands or
payment in money, the value to be adjusted by two indifferent persons to
be named by the Lord Chancellor or Lord Keeper for the time being), and
no watercourse to be turned from any water-mill without satisfaction
first made both to the landlord and tenant.
But before I proceed, I must say a word or two to this article.
The chief, and almost the only, cause of the deepness and foulness of the
roads is occasioned by the standing water, which (for want of due care to
draw it off by scouring and opening ditches and drains, and other
watercourses, and clearing of passages) soaks into the earth, and softens
it to such a degree that it cannot bear the weight of horses and
carriages; to prevent which, the power to dig, trench, and cut down, &c.,
mentioned above will be of absolute necessity. But because the liberty
seems very large, and some may think it is too great a power to be
granted to any body of men over their neighbours, it is answered:—
1. It is absolutely necessary, or the work cannot be done, and the doing
of the work is of much greater benefit than the damage can amount to.
2. Satisfaction to be made to the owner (and that first, too, before the
damage be done) is an unquestionable equivalent; and both together, I
think, are a very full answer to any objection in that case.
Besides this Act of Parliament, a commission must be granted to fifteen
at least, in the name of the undertakers, to whom every county shall have
power to join ten, who are to sit with the said fifteen so often and so
long as the said fifteen do sit for affairs relating to that county,
which fifteen, or any seven of them, shall be directors of the works, to
be advised by the said ten, or any five of them, in matters of right and
claim, and the said ten to adjust differences in the countries, and to
have right by process to appeal in the name either of lords of manors, or
privileges of towns or corporations, who shall be either damaged or
encroached upon by the said work. All appeals to be heard and determined
immediately by the said Lord Chancellor, or commission from him, that the
work may receive no interruption.
Public-domain text, read in full here on John Shaqi.
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