Reference
LHE142
Title
Lease for 21 years:
Date free text
1854
Production date
From: 1642 To: 1854
Scope and Content
1) John Younge of Hitchwood, Hitchin, Herts, Clerk 2) John Kilbye of Thrales End, Luton, Yeoman lands, tenements, closes & hereditaments (52A) lying on parishes, fields, & precincts of Luton, Harpenden [Harpenden] & Whethamstead Beds & Herts which were lately purchased by John Younge of John Kilby & Alice his wife & William Simons of Whethamstead Yeoman, & Sara his wife & Alice Simons, widow, mother of William. (Timber excepted) at end of term landlord's right of entry to plough, till, eare & manure for
follow close called Bradcroft, close called Wynnings, give up one half of dung or compost that he shall have about the yards belonging to the messuage where John Kilby now lives in Thrales End nor to plough, lore or dig up any hedgegreens belonging to premises only can lop trees as are usually lopped. Witnesses John Skymmer, George Younge, Raiye Skefner & George Lyle, who signs by Mark, 7 Oct/ 8 Chas I [1642]. Draft. Case for Counsel. Luton - River Lee passes through into which surface water naturally falls. Rises 4 miles above Luton and runs 7 miles within Manor of Luton, which is free Warren. 4 of which are through property of the Lord. Mile below Town is large piece of ornamental water formed ' a Century since by backing up the water of the river'. Luton 13,000 - 14,000 population risen 1/3 + on each successive census - population previously having been comparatively small. Principal trade - manufacture of straw bonnets - 'now far surpasses Dunstable''in which trade many deleterious materials are employed.
Also Gas Works and other Manufacturies, refuse to river by artificial sewers. 'Within a very few years'. , deposit has accumulated in ornamental water "" to such an extent as will in 3 or 4 years convert it into dry land"".""Water of river and ornamental water till last few years been perfectly pure"" from time immemorial been main supply of water for a farm of 800A next door. Now virtually useless. In summer after heavy rain cattle refuse to drink it. Brick sewers constructed under sanction of Local Board of Health and others no doubt to greater extent will shortly be constructed. Also several small ancient watercourses into which ashpits and privies of houses recently constructed by private individuals in its present state, yet, as this has been the Course from time immemorial, the Board feels that it possesses a certain right, and as the question of a diversion or deodorising of is one in which the New River Co. is represented to be deeply interested, consider should bear share of the cost. Clear Board had No right to do this 20 Dec 1854 New River Co reject Board's suggestion and threaten proceedings negotiations Board / River Co alone i.e. Leigh delays action, of this, 12 Jan 1855 letter to River Co from L Board stating : . Amendment to Public Health Act Mooted not expedient to alter Luton Sewerage.
L Board still 19 Dec 1855 say River Lea either by 'Filtration or irrigation 'most suitable spot. Clear nuisance to Mill and sheep washing - place. Evils aggravated since Board of Health operations. Emptied into them with approval of authorities run through several fields belonging to the Lord of the Manor.Would be intolerable nuisance if filth emptied into them esp in hot weather. Only remedy for Lord of Manor to construct barrel sewers to carry it off when nuisance commited by other parties. Ref to Clause 145 of Act 11 and 12 Vict C63. The Public Health Act. Asks? legal to carry sewerage and drainage into River Lee by brick sewers. ? legal to empty ashpits and privies of new properties into old watercourses. ? what remedy can Lord of Manor resort to to abate the nuisance. Opinion of Mr. Cowling - Liverpool Spring Assizes. Section 145 preserves rights of Lord of Manor. No one has right to foul natural drainage so that more filth gets to the farm than formerly does not think ashpits and privies can be legally drained into old watercourse suggests action v. those of whom nuisance is complained possibly a case in Court of Equity to compel parties to put stop to nuisances.
Lord of Manor prejudised has case by allowing sewers to be made without previous complaint. 10 Ap 1845,(Case sent by G Whitley)
Level of description
item