The Commissioners of the Driffield Navigation
The Original Commissioners
One of the unique features of the Driffield Navigation is the body of men, now deceased, called the Navigation Commissioners. The 1767 Act created 98 Commissioners whose task it was to govern the construction and operation of the Navigation. The Act named each of the original Commissioners, and stated: "their successors to be appointed in a manner hereinafter mentioned ….. That upon the death of any Commissioner the surviving Commissioners, or any Eleven or more of them, shall and may, from time to time elect one other Commissioner in the stead of every such Commissioner deceased; arc every person elected shall have the same authority as if he had been named a Commissioner in this Act; and notice of the time and place of the meeting for such election, under the hand of the Treasurer, Clerk or Surveyor to the said Commissioners, shall be affixed upon some public place in the Town of Great Driffield, at least ten days before every meeting for such election," and,
"That persons elected Commissioners shall be in his own tight or the right of his wife in the actual position, and enjoyment of receipt of rents and profits of lands, etc. … to the yearly value of £100, or a personal estate of value over £3,000."
The administrative rule laid down that the number required for a quorum would vary according to the business conducted. Seven were required for a working Management Committee; Nine were required to borrow money under the powers of the Act, whilst to create new Commissioners it was necessary to have a quorum of eleven, it was this latter feature that was overlooked by the existing body of Commissioners when, in 1941, a Special Meeting, planned to elect new Commissioners, did not take place. The decline set in during the First World War when some of the existing Commissioners lost their lives. After the War years, many of the Commissioners either moved away, or ceased to take any interest in the Navigation. It was not surprising that in 1923 various attempts to hold a meeting failed through lack of a quorum.
The last Commissioners ever appointed were Captain Adrian Bethell, Mr. Robert Campbell and Mr. Reginald Pexton, on 16th October 1934. By 1960 it became impossible to assemble eleven Commissioners to hold an election but there was still a Management Committee of Seven at that time. The Clerk to the Navigation Commissioners, Mr. J. H. Mathews, became an invalid in 1958. following a motor accident, and later died. The last Commissioner died in 1972. whilst living in Rhodesia. and after 205 years the Navigation was left without a Governing Body. With the loss of the Commissioners there was no legally designated authority to authorise the maintenance of navigation equipment, such as Bridges and locks, or to collect tolls to pay for such works.
The Yorkshire Water Authority have the Drainage Rights over the waterway and are responsible for its banks, although the landowners adjoining the Navigation are the owners of the land to the waters edge. In all a very difficult situation to resolve if the navigation is to be restored to its former glory, and Keels to sail once more to the River Head Wharf in Driffield.
The New Commissioners
On 10th July 1978 the Charity Commission signed the order appointing 15 Commissioners to the Driffield Navigation. The first meeting of the Commissioners took place on 30th September 1978 at the Bell Hotel, Driffield. This was the same venue as used by the original Commissioners at their first meeting 211 years before, although at that time it was called the Blue Bell Inn. The Commissioners appointed Mr George Peacock, a local solicitor, as their clerk. Four additional Commissioners were appointed at the first meeting making 19 in total. In effect the powers of the Commissioners had not been revoked under the original Acts of Parliament governing the Driffield Navigation, merely there had been no Commissioners for a period of time to carry Out the functions. Therefore the new Commissioners took over the administration of the Navigation on the same basis except that years of neglect and lack of maintenance now created additional problems. It was felt necessary for the Commissioners as a body to be registered as a company with limited liability.
The DNAA changed its constitution from the primary aim of obtaining a legal body to administer the Driffield Navigation (which was now completed upon the appointment of the Commissioners), to the restoration and maintenance of the Driffield Navigation as a navigation and also the amenities - wildlife, rambling, angling, conservation etc.
In 1979 the DNAA received the account for the legal costs incurred over the years of fighting to get Commissioners appointed. In fact the account of over £3000 was very good value in the circumstances, but nevertheless was beyond the resources of a small voluntary body. However with the help of substantial grants from the Commissioners and the Inland Waterways Association Nationally, the account has been paid. DNAA can now concentrate on restoration and maintenance, and regularly holds Rallies. Cruises, Sponsored Walks. Slide Shows and other Fund Raising activities. Working parties meet regularly, and Bethell's Bridge, which used to be the head of navigation for all but the smallest craft because it would not swing has now been put into working order with the considerable help of the local farmers who regularly use the bridge. There are many other problems to be overcome, but with a policy of co-operation between all interested parties, a beautiful rural navigation can eventually be re-opened once again to the canal head at the market town of Driffield.