Undated
Memorandum on ascertaining of Damages for land to be cut through
Memorandum
Ascertaining the Damages for Lands to be cut thro' n ot to occasion Delays in carrying on the works.
Covenrty 15 Geo 3d Fo 275
Clause No 1 to be incited Page 24
{Persons requesting a Jury to enter into Bond to prosecute}
And be it further Enacted that all/every person/persons making complaint and requesting such Jury shall before the sd Comy shall be obliged to give out their warrant or warrants for the sumoning such Jury as in the sd recited act is directed first enter into Bond with two sufficient sureties to the Treasurer of the sd Company of proprietors their Successors ? for the Timbe being in the penalty of £100 to prosecute such his her or their Complaint and to bear and pay the Costs and Expenses of sumoning such Jury and taking such Inquest in Case a Verdict shall be given for no more or a less Sum than had been assessed by the sd Comy before the Sumoning and returning the sd Jury or Juries as a Recompence or Satisfaction for any Lands ? or ? or Damages as afd.
Clause No 2 to be inserted at the Foot of Page 32
{Penalty on persons obstructing the works} And Be it further Enacted by the Authority afd that if any person or persons shall wilfully/maliciously do any Hurt or mischief to obstrect hinder of prevent the carrying on compleating ? or maintaining the sd intended navigation or any water thereby authorized to be made every person so offending shall forfeit any SUm not exceeding £5 nr less than 40s or shall be comitted to the House of Correction for the County of Gloucr for any Time not eceeding one Claendar Month at the Discretion of the Justice or Justices before whom such Offender shall be conducted.
Clause No 3 to be ? to Page 58
And for the more easy collecting the said Water and Duties in by the sd recited Act laid and Directed to be paid ? further Enacted by the Authority afsd. That the Masters Owners & Managers of every Boat Keel or other Vessel navigating upon the sd intended Cut or Canl or on any part thereof shall give a just ? in Writing signed by the Master Owner or Pson havng the Rule of Command of every such Boat or other Vessel to the Collector of the Tonnage or Duties at the ? Places where they shall attend for that Purpose of what Quantities of Goods shall be in or belonging to each Boat or other Vessel from whence ? & where they intend to land the same and in Case they neglect or refuse to give ? or shall give a false ? or shall deliver any part of their Loading or Goods at any other Place or Places than what is or are mentioned in the ? they shall forfeit & pay to the sd Company of Proprietors their Successors and Afss the sum of 20s for every such Ton of Goods which shall be in such Boat or Vessell resportively of which such ? shall be so refused to be given or of which such false ? shall be given or which shall be delivered out as afsd as the Case shall happen to be over & above the Rates & Duties they are obliged to pay for the same & in Case of Neglect Refusal or Denial of Paymt on Demad of such Forfeiture or Forfeitures before mentioned or any past thereof tot he sd Company of Proprietors their Successors & Afss that then & in such case the same shall be recovered & ? in such Manner and by such Methods the said Rates & Duties hereby and by the sd recited Act granted to the sd Company of Proprietors their Successors & Afss are hereinbefore directed and appointed to be recovered and levied.
Clause No 4 to be ? Page 58
And be it further Enacted That if any Difference shall arise between any collector of the sd Rates & Duties & the Master or Person having Charge of any Boat or Vessell or the Owner of any Goods Wares or Merchandizes concerning the Weight & Quantity of the same it shall be lawful for any such Collector to Stop & detain any such Boat or Vessell & to Weigh Measure or gauge or raise to be Weighed Measured or Gauged all such Goods Wares & Merchandizes as shall be therein contained & in Case the same shall be upon such Weighing Measuring or Gauging appear of greater Weight or Quantity than such Master Owner or Person having Care of the Boat or Vessell affirmed the same to be then the Master Owner or Psons offending shall pay the Costs & Charges of such Weighing Measuring & Gauging ? which sd Costs & Charges upon Refusal of Paymt thereof upon Demand shall & may be recovered & levied But if such Goods Wares & Merchandizes shall appear to be of the same or less Weight or Quantity than the Master Owner or Person so declared the same to be then the sd Collector shall pay the Costs & Charges of such Weighing Measuring or Gauging & shall also pay such Master or Person or to the Owner or Owners of such Goods & Merchandize such Damages as shall appear to the sd Comt or any five or more of them on Oath of one or more Credible Witness or Witnesses to have arisen from the Detention & in default of imediate Paymt thereof by the Collector the same shall be recovered from the Company of Proprietors of the sd Navigation their Successors or ? by Actio of Debt in any ?
Clause A
{ ? Tickets or Titles to the shares of the Company are to be made out & signed}
And it be enacted by the Authority afd That as soon as conveniently may be after the sd Sum of £20000 shall be subscribed as afd The Tickets or Titles to the sd Shares of the sd Company of Proprietors shall be made out in numerical order and written upon Vellum or Parchment and signed by the Treasurer or Treasurers of the sd Company of Proprietors and witnessed by the Clerk and the same shall be delivered to each Subscriber or his or her legal Representative and their Names & Places of Abode entered in the Register Book to be kept for that purpose by the Clerk of the sd Company of Proprietors (a Duplicate of which Book shall be left in the Treasurer's Hands and settled compared & adjusted by the sd Clark once very month). The sd Subscribers first paying £5 for each Share into the Hands of the Treasurer or Treasurers in part of each Share subscribed for which a Receipt shall be given on the Back of the sd Ticket by the Treasurer or Treasurers and witnessed by the sd Clerk and all futuer paymts upon the sd Share or Shares shall be subscribed and attested in the same Manner & ?.
Clause B
{Shares negotiable ? to be entered ? and how ? are to vote at any genl meeting}
And Be it further Enacted by the Authority afd that the Shares of the sd Company of Proprietors shall be negotiable and transferrable after the sd navigation is compleated but not before (except as hereinafter is provided) and when any of the said Shares are ? over or transferred The Proprietors thereof or their Attornies lawfully authorized shall be present as well as the party or parties or their Attornies lawfully authorized to whom such Share is to be assigned and transferred and shall mutually sign the sd Transfer in the Company's Register Book and the name and usual place of Abode of the new Proprietor shall be entered and a new Ticket of Share if required shall be made out in the manner hereinbefore directed as if he she or they had ben originally a Subscriber or proprietor (the old Ticket or Title to such Share or Shares being first delivered up) or if the property or Interest of & in the sd Shares shall belong or become vested by any legal ways or means the new possessor or his Guardian or Trustee shall produce the same and make out his or her Claim before the Comittee at any of their meetings and the same shall be properly registered by the Clerk in the Company's Books in the Manner afd or a new Ticket or Share made out if required And for such Entering & Transfers or new Shares made out or Records of power of Attorney or any other Entry in the Register ?? his Trouble 2s 6d and no more to be pd by the person or persons requiring such Entry to be made as afd And no purchaser or ? of any Share or Shares in the sd Company shall be intitled to vote at any Genl Meeting unless it appears by the Regn Book of the sd Company that he she or they have or hath been a proprietor of such Share or Shares for at least six months before that Time Save and except such proprietor or Proprietors who became so by Inheritance Devise or legal Representation or as Trustee or Guardian as afd who shall have a Right to vote in in every Respect to act as soon as their Claims & Rights thereto are made out & entered in the Regt Book of the sd Company of Proprietors in manner as afd.
Clause C
{ ? at Committee ? 5 present}
And Be it Enacted by the Authority afd that no Resolution shall be take or Business done at any of the meetings of the sd Committee unless five Persons chosen of such Committee shall be present, nor shall the money allowed for the Expence & Trouble attending such meeting be paid unless that number be present to share the same, nor shall the Treasurer or Treasurers issue out any Sum or Sums of money for the ? of the sd Company without an order signed by the majority of the Committee present at such meetings
{Treasr not tp issue money without order of Comittee of 5 of qrm}
and never by fewer than five of them. And all such orders for the paymt of money shall be entered in the Company's Books and the Treasurer or Treasurers shall be allowed all his or their Expences
{Treasr to be allowed his Expences}
in the Execution of his or their Office, and the Clerk or Clerks shall be intrusted with money from Time to Time by an order in writing signed by a majority of the sd Comittee upon the Treasurer or Treasurers
{Clerk to be intrusted with money to pay petty Expences}
to enable him or them to pay petty Expences and such lesser sums as shall be found necessary and he r they ahsl accot for the same to the Comittee who shall regularly examine &
{to accot with Committee for the same}
sign the sd Accot as often as they shall see fit, and the Treasurer's Accots to be examined and ?
{Treasr Accot to be examd & signed by Comittee half yrly}
of the sd Comittee every half year and shall be made up & the Ballance settled & signed by the Comittee or any 5 of them.
Clause D
And be it Enacted by the Authority afd That there shall be two general meetings of the Company of Proprietors held every year ?
{Two Genl Meetings yearly, all Accots then ? & settled}
as near as my ? yearly at the Town of Stroud or where it shall otherwise by appointed at which Times the Books of the sd Comittee shall be produced and also the Treasurer or Treasurers Accots (the same being first passed by the Comittee at their last monthly meeting) and the same Accots shall then be free for the Inspection of the Company of Proprietors
{Which is to be done upon the Death of one of the Comittee or Neglect to attend}
And the Death of any one of the Comittee, or if he shall reside out of the Country or neglect to attend meetings for three Calendar Months or resign his office, notice thereof shall be publickly given by the other members of the Comittee and a Day fixed for a general meeting of the Company of Proprietors to choose another member of the Comittee in his stead.
Clause E
{If any Surplus when the Navigation is completed - how to be dispossed of}
And Be it further Enacted by the Authority afd That if twice in every year after the sd navigation shall be compleated and finished according to the true Intent & meaning of this Act it shall appear that there is any Surplus of the money subscribed in Hand a Dividend shall be made thereof which shall be resolved upon and declared at each of the half yearly general meeting of the sd Books after the Books & Procedings of the sd Comittee and the Accot of the Treasurer or Treasrs shall be produced & examd The Treasr or Treasrs shall be ordered to pay the asme and the Time and place shall be published in some publick newspaper circulating within the County of Glor and every subssciber or proprietor or the present ? lawfully authorized shall & may receive his her or their Share or Shares thereof witht any Deduction or Abatemt whatsoever.
