SEWER, in the Household, an officer who arranged on the table the dishes of a king or nobleman.
SEWER is also a passage or gutter made to carry water into the sea or a river, whereby to preserve the land, &c. from inundations and other annoyances.
Court of Commissioners of Sewers in England, a temporary tribunal, erected by virtue of a commission under the great seal; which formerly used to be granted pro re nata at the pleasure of the crown, but now at the discretion and nomination of the lord chancellor, lord treasurer, and chief justices, pursuant to the statute 23 Hen. VIII. c. 5. Their jurisdiction is to overlook the repairs of sea-banks and sea-walls, and the cleansing of rivers, public streams, ditches, and other conduits, whereby any waters are carried off; and is confined to such county or particular district as the commission shall expressly name. The commissioners are a court of record, and may fine and imprison for contempts; and in the execution of their duty may proceed by jury, or upon their own view, and may take order for the removal of any annoyances, or the safeguard and conservation of the sewers within their commission, either according to the laws and customs of Romney-marsh, or otherwise at their own discretion. They may also assess such
rates or scots upon the owners of lands within their district as they shall judge necessary; and if any person refuses to pay them, the commissioners may levy the same by distress of his goods and chattels; or they may, by statute 23 Hen. VIII. c. 5. sell his freehold lands (and by the 7 Ann. c. 10. his copyhold also), in order to pay such scots or assessments. But their conduct is under the controul of the court of King's-bench, which will prevent or punish any illegal or tyrannical proceedings. And yet in the reign of King James I. (8th Nov. 1616), the privy-council took upon them to order, that no action or complaint should be prosecuted against the commissioners unless before that board; and committed several to prison who had brought such actions at common law, till they should release the same: and one of the reasons for discharging Sir Edward Coke from his office of lord chief-justice, was for countenancing those legal proceedings. The pretence for these arbitrary measures was no other than the tyrant's plea of the necessity of unlimited powers in works of evident utility to the public, "the supreme reason above all reasons, which is the salvation of the king's lands and people." But now it is clearly held, that this (as well as all other inferior jurisdiction) is subject to the discretionary coercion of his majesty's court of King's-bench.