coke b the case OF chester mill upon the river OF thou pasch James see roll v  white lr qb the stat of great Charta quod all men kidelli depona de ctero  inside per Thakesiam c extend only to open wear for take fish the first stat  which extend to abate mill millstanks c be e cap the statute e and h remain in  force and the authority give by the commissioner of sewer do not extend to  mill millstanks causeys c erect before the reign of Edward I unless they have  be raise and exalt beyond their former altitude and therefore make more  prejudicial in which case they be not to be throw down but to be reform by the  abatement of the access and enhancement only SC Rep Inst Calais Com dig sewer  vin ab sewer a causey or millstank of stone in the river of do you and city of  Chester before the reign of king e be make and erect for the necessary  maintenance of certain mill some of the king other of the subject which stand  at the end of the say causey and now of late a certain decree be make by  certain commissioner of sewer for a breach to be make by ten rod in length in  the say causey which causey as it be admit by both side be erect before the  reign of king e I and so have continue until this day without any exaltation  or enhancement and if by any decree of the commissioner by force of any  statute any breach may be make in this causey be the question which be refer  by letter of the lord of the privycouncil coke a to the two chief justice and  chief baron and upon hear of counsel learned diverse day and good  consideration have in the time of the last vacation of all the statute concern  sewer and upon conference have amon gst themselves it be resolve as follow  where it be provide by the statute of great Charta a quod all men kidelli  depona de ccelero inside per Thamesiam MeWeweyam etper lot England nisi per  costeram maris it be resolve that this statute extend only to kidel I open  wear for take of fish but the first statute which extend to the put down or  abate of any mill millstanks and causeys be the a Vid Windham v bishop of  Norwich Brownl where it be say that the count must be to the moiety of the  church Vid watson clerg law Vid note a Windsor case   b c   b d   a   Inst  Calais chosen coke report b er p statute of a e c which Act appoint such only  to be put down or abate which be levy or erect in the reign of king e I or  after but by the statute make b I a h c upon complaint in parliament of great  damage which have happen by the outrageous enhance of mill millstanks and  other impediment make and erect before the reign of king e the say ancient  mill and millstanks be appoint by Act then make to be survey and such as be  find much enhance to be correct and amend save always reasonable substance of  such mill millstanks wear c so in old time make and levy none of which act  extend to the case in question for this causey c be erect before the reign of  king e and be never exalt or enhance after the erection thereof and the  statute of c e c confirm all the say act and by they the generality of the say  Act of man nam Charta be restrain as by the say Act appear and by the statute  of d W c none of the say act as to the point in question be repeal for first  the same Act appoint the manner form tenor and effect of the commission of  sewer by which power and authority be give to the commissioner to survey wall  c sewer causeys c mill c and they to correct repair amend cc put down or  reform as cause shall require accord to their wisdom and discretion and  therein as well to ordain and do after the form tenor and effect of all and  singular the statute and ordinance make before the first of march year h as  also to inquire by the oath of honest and lawful man c through who default the  say hurt and damage have happen c by which it appear that the e discretion of  the commissioner be limit see to proceed accord to the statute and ordinance  before make and then all the subsequent clause and also to reform repair and  amend the say wall c by force of this word say have relation to the precedent  purview of the Act and further to reform amend prostrate and overthrow all  such mill c and other impediment and annoyance aforesaid as shall be find by  inquisition or by your survey and discretion to be excessive and hurtful a  which word aforesaid refer this clause also to the precedent purview see such  impediment and annoyance as be against the statute and ordinance before make  coke b also it be further enact by the say Act that all and every statute Act  and ordinance heretofore make concern the premise or any of they not be  contrary to this present Act nor heretofore repeal shall from henceforth stand  and be good and effectual for ever but the say act of f e and h be not  contrary to any clause of this Act nor be repeal before and always such g  construction ought to be make that one part of the Act may agree with the  other and all to stand together and if they have intend to have repeal the say  former act they will not have repeal they by such general and a doubtful word  concern causeys millstanks and mill when they concern the inheritance of many  subject and accord to this resolution we b certify the lord of the council  that the wd statute of e and h remain yet in force and that the authority give  by the commission a   b   c   d   Cr James Bulstr postea a a Calais chosen f    b   light b   a postea a Inst hard Cr James Bulstr hob Calais chosen a the  cominissioners can erect a tumble bay to prevent a inconvenience occasion by a  private lock and a lock to prevent the damage the tumble bay will occasion to  the navigation it be out of the power of commissioner of sewer to charge  inhabitant for find a expedient how a thing erect for a private benefit may be  continue and yet be no nuisance their business be to abate the nuisance Reg v  inhabitant of Westham Mod f   before a g   a a roll Rep vin   b   coke report  a er p of sewer do not extend to mill millstanks causeys c erect c before the  reign of king e b unless they have be raise and exalt beyond their former  altitude and thereby make more prejudicial in which case they be not to be d  throw down or overturn but to be reform by the abatement of the excess and  inhansement only