1756
Page 21 of 23.
The Scheme page 9.
River Stroudwater Navigable 9
" to see whether there be any Clause therein paricularly calculated for preventing the Mischief which may arise to the Navigation from lowering the water by the Means mentioned in the first Query; and tho' in several of the other Acts there is an Action given against
Persons who shall obstruct or damage it by throwing Things into
the River, yet neither in this, nor any other of the Acts I have looked into, can I meet with any Clause that seems purposely calculated for the Prevention of this Mischief: But in Page 25 of the Act it being declared that the River Stroudwater shall be a Common, Open, and Navigable River, that all the King's People may have, and lawfully enjoy, their Free Passage in and upon such River, and all necessary and convenient Liberties and Privileges fro Navigating without any Obstruction whatever; I apprehend that, if any Mill-holder or other Person should obstruct the Navigation by lowering the Water through the Drawing up of the Flood-gates or Heads purposely in order to obstruct it, and not from any real Occasion, he would be indictable on the Act as for a Nuisance to the River; and that, if any Person should sustain a special Damage by such Obstruction, he would be entitled to a special Action upon the Case for a Reparation in Damages against such Obstructor." T. V.
If the foregoing Scheme should meet with Approbation, the following Hints are humbly proposed as expedient for the Execution of it.
That a Meeting of the Commissioners be appointed according to the Direction of the Act of Parliament, and that they do by Instrument in Writing under their Hands (which is to be preserved among the Publick Records of the County) nominate new Commissioners in the Place of those that are dead, or who refuse to act.
That this Meeting be held (as mentioned in the Act) at the George Inn, in Stroud; and that, at the same Time, a general Invitation be given to all who are willing to promote thus Undertaking to give their Attendance, in order to take the same into Consideration. That, if a sufficient Encouragement be then given to it, the Commissioners do appoint a Subscription to be opened, and fix a Time and Place free for every body to subscribe what Numbers of Shares they please, upon the following Plan, or any other that they may better approve.
That the Money subscribed be formed into one general Fund, for the Execution of this Work. That it be divided into 100 Shares; no Share to exceed 100l. which will constitute a Capital of 10,000l.
That the Commissioners do engage on their Part, or any 13 of them, to
D
