1756
Page 20 of 23.
C: The Scheme page 8.
8 A SCHEME to make the
hood," there need not be employed more than 12 Men to navigate all the Barges on the River above Frumbridge; for these (reckoning Three Men to a Vessel, and Four Vessels to carry 30 Tons each, and to make Two Returns weekly) will bring in more Money for the Tonnage, reckoning below and above Frumbridge, than has been calculated by this Scheme. And besides, as few Vessels belonging to Strangers will probably come up this River, the Business for Eight out
of the Twelve Men may be taught any of our neighbouring Labourers in a Week's Time; and the other Four will be Masters of barges, who may be presumed to be of as good Manners and Morals as our own common People: Therefore 'tis hoped that this, and all the other Objections, will be of no Force to prevent the Execution of so good and beneficial Undertaking.
The last Objection I have hitherto heard made is, That the Mill-holders might draw up their Water, either at their Heads or Floodgates, and thereby purposely prevent the Vessels from proceeding. Though I would not suspect we have any one Person in the whole Country of such an evil Disposition as to do Mischief fro Mischief-sake, yet, should such be found, I think there is sufficient Provision in the Act of parliament to prevent or punish such wicked Purposes; but, as I would not rest this Matter on mine own Judgement, I have procured the Opinion of an eminent Council upon it, which I will here insert.
The CASE
An Act of Parliament was obtained, in the Year 1730, to make the Stroudwater River Navigable; to which please to refer. There is a Scheme now concerted to put it in Execution, which will shortly be published. It is intended that the Vessels shall principally come up the old River, upon which there are 14 Mills. The Locks will bring the Vessels into every Mill-pond.
Query.- If any Millholder, or other Person, should draw up their Floodgates or Heads, and, by keeping the Water low, purposely hinder the Navigation; has this Act sufficiently provided against such mischievous Persons?
Query.- As new Undertakers are to be appointed, and consequently the Property of the Navigation invested in them, what Methods must be used, should the above Circumstance happen? and whether an Action at Common Law will lie against such Persons?
OPINION.- "I have perused the Act for making the River "Stroudwater Navigable, and have also looked into many other Acts " to
