Trunk Drainage. 
31 
dictum of no higher authority than the Inclosure Commissioners. 
In such a case — where there is something more than merely land 
to be cut through or petty obstructions abolished — a local Act 
of Parliament becomes necessary. This General Act meets the 
requirements of smaller districts, which, however, are very con- 
siderable in number. 
Trunk Drainage being a two-fold subject, we have — beside 
the water-courses connected with mills and other water interests 
— to consider the minor drains and ditches which conduct the 
united drainage of groups of farms, or portions of estates, into 
the larger arteries, and for the regulation of which a different 
order of laws is necessary. A far larger extent of land is injured 
by the defective condition of these myriads of tributaries — by the 
consequent prevention of under-drainage on the most fertile corn 
soils — tlian is comprised in the area of river-flooded grounds. 
Under no control of Sewers' Commissioners or Drainage Acts — 
under no supervision of " dyke-reeves," or of parish or district 
officers — they are subject only to such conservation as the occu- 
piers, through whose lands they pass, may choose for their own 
advantage, or may be obliged, by the clumsy process of a neigh- 
bour's suit for damages, to perform. Hope of improved capacity 
to suit the altered modern system of drainage there is none ; or, at 
least, all progress is at the option of the occupiers or owners, 
the agricultural advancement of thousands of acres under different 
parties being sometimes dependent upon the fickle guarantee of 
the enterprising spirit or obliging temper of a single farmer. 
There is not a county in which the want of efficient compulsory 
powers to provide better outfall ditches is not hurtfully felt ; 
and the last legislative attempt to provide a remedy in a General 
Act — Local Acts being of course impossible of procurement — is 
in the statute which I have just been describing. The 14th 
section is to the effect, that " Whereas by reason of the neglect 
or want of co-operation among the occupiers of land to maintain 
the banks and cleanse and scour the channels of existing drains, 
streams, or watercourses, lying in or forming the boundaries of 
such lands, and being or leading to the outfall from such lands 
and from other lands, much injury is occasioned and improve- 
ment prevented, but sufficient powers do not at present exist to 
remedy the evil aforesaid : be it therefore enacted, that in all 
such cases " the proprietor or occupier of any land so injured 
may, one month after giving notice, and the neglecting person 
not then performing or joining in performing his rightful work, 
" execute all necessary works for maintaining or re])airing such 
banks, or cleansing or scouring such channels ;" and that the 
just proportion of expense falling to the share of the defaulter 
shall be recoverable, one month after demand, by summoning 
