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Archive Reference / Library Class No.D231/M/E/520
TitleOrder of the Genral Session of Sewers revoking an earlier decision permitting the commoners of Middleton to construct a tunnel through the Warr Bank, reciting that at a session of sewers held on Wednesday 3 Mar 1693 Rowland Okeover and Richard Bornay presented their petition to the court showing that by a law of sewers to which the royal assent was given given (at Kings Lynn, 20 James I), it was decreed that for conveying the waters of the Lord's several fens and lands of Middleton and Hardwick to a place therein mentioned from a Warr Bank appointed to be made between these lands and the commonds of Middleton, a new sewer should be made to begin in the dyke between the Oakeclose and Lord's fenn at the south end of the fenn and to extend to the ground now Mr Okeover's on the west side of Lord's fenn; the sewer and bank were to be maintained by those lands receiving benefit : and the said Warr Bank and sewer were made and have ever since been maintained accordingly : Okeover and Bornay further complain that the commoners of Middleton had dug up and cut the Warr Bank and caused a tunnel to be placed therein and the south end on the pretence of an order made by the court whereby the waters of the common and thrown into the petitioner's lands contrary to the intent of the law : at further sessions of the court and 11 October 1693 and 25 April 1694, five independent commissioners were of the opinion that the tunnel through the Warr Bank was of great damage to the petitioners' lands in Middleton and Hardwick and was not warranted by the Law of Sewers of 21 James I : the present court (10 October 1694) have therefore decreed that all laws and orders licensing the laying down, placing or containing the tunnel are revoked and that any commoner opening the tunnel shall forfeit £10 for each offence
Date1694
Levelfile
RepositoryDerbyshire Record Office
Archive CreatorOkeover family of Okeover
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