1954
Notes on relevance of 1776 on closure in 1954
The Third Act - 16 George III Cap 21
Royal Assent given 25 March 1776
Titled 'An Act to amend an Act, passed in 1730 .... for making navigable River Stroudwater from the R Severn at or near Framiload (sic) to Wallbridge near the town of Stroud, and for giving other powers for the purpose of making a navigation from F to W.
p 480:
No proceedings were made, although another Act made in 1759 which empowered persons (Kemmett) to be the undertakers - not completed by 29 September 1761, therefore, all lands, engines and machinery forfeited to the Commissioners. Further six years allotted.
p 481:
December 8th 1774 - persons named entered into an Article of subscription for raising £20,000 for making the said Navigation, to be divided and distinguished into 200 equal parts or shares, at the rate of £100 per share and agreed to advance and pay such sum or sums as should respectively belong to the share subscribed for.
List of names (203)?.
p 482:
On 29 December 1774, appointed nine new undertakers under agreement etc of the first Act.
p 483:
Began work 8 December 1774 - cut from R Severn near Framiload to join River Stroudwater in millpond of R O Cambridge (Whitminster) and have already made calls on subscription for £25 for each share = £5000. Navigation cannot be effected without further Act.
p 484:
Persons named (94), their respective executors, administrators, and assigns are formed into a Company 'One Body Politick and Corporate' by name of The Company of Proprietors of the Stroudwater Navigation and by that name shall have perpetual succession and a common seal, and by that name shall and may sue and be sued and also shall and may have power and authority to purchase lands tenements or hereditaments for the life of the said Navigation, without incurring any of the penalties of forfeitures of the Statutes of Mortmain (this was an act of 1279 to prevent men from giving their lands to the Church, so as to avoid rendering feudal service for them) or any of them, and also to sell any of the lands or tenements purchased for the use of the said Navigation, and any person or persons convey to the said Company of Proprietors any lands, tenements or hereditaments for the use and benefit of the said navigation without licence or alienation in Mortmain.
p 485:
It shall be lawful for the Company ... their workmen etc at their own cost and charges to make and complete the navigation -
a) to make and complete the cut already begun from River Severn near Framiload to join and communicate with River Severn in millpond of R O Cambridge.
b) to set out, open and make navigable two other cuts or canals to begin and branch out from the River Stroudwater in the millpond at or near Lockham Bridge and to join and communicate with the same river in Ebley mill pond.
p 486:
c) One other, to begin and branch out from that pond and to be carried through Painswick Water, being a part of Lodgemore Mill pond, and from thence to Wallbridge, and likewise to make navigable the River Stroudwater in the intermediate spaces, in such a manner to make a complete navigation .... as laid out in the attached plan or within 60 yards from the same and to maintain as they think fit.
The Company can make, dig, or open any drain or ditch and can widen open deepen or scour any ancient watercourses for the purpose of carrying off waste water for the Navigation and draining the lands and grounds adjoining or near thereto, and to carry away and use the soil thrown up in making, digging or opening such areas within one month; unless the owners or occupiers of the lands shall within one week give notice to the agent of the Company of their intention to carry away the same.
No power or authority is given to the company to make any cuts trenches or passage of water except for draining in, upon, or through any dwelling house or garden which is already erected.
p 487:
The Company at their own cost shall make arches tunnels and other passages into the cuts as authorised and towing paths on the sides, or into the River Stroudwater of sufficient depth and breadth as shall be sufficient to carry the water from lands adjoining or lying near to the constructions to be kept in good order.
The passages, arches etc referred to - if they are not repaired within a month after an owner of adjacent land has reported a fault to the Commissioners - it shall be lawful for any person, having an Order in Writing for the purpose from seven or more Commissioners, shall do the work himself and claim expenses from the company within one month.
p 488:
The Company shall divide and keep divided and separated the towing path from adjacent lands and provide posts and rails hedges, ditches etc as sufficient to keep in sheep and cattle. Company shall maintain and support the towing path and set up and maintain bridges, arches and passages over, under or through the cuts and trenches with have been made.
p 489:
If repairs are not made to such constructions, and to watering places for cattle, then after three months the aggrieved landowner with permission from seven Commissioners may do the repairs himself and be reimbursed by the Company within 20 days.
p 490:
If not paid, then seven commissioners may sell the company's goods and chattels or wharves, quays, and warehouses to provide funds and hand the overplus back to the Company.
p 491:
If any adjacent landowner finds that the fences etc referred to are not sufficient for his purpose, he can erect his own in a like manner. These must not obstruct the navigation or interrupt it. Then those persons offending shall pay to the Company per hour the same amount as charged to the company by the mill owners for drawing water from them.
p 492:
All the clauses, powers, authorities, rates, tolls, penalties etc granted in the 1730 Act are to be included in this Act, but subject to some variations and alterations and regulations as made and granted in this (1776) Act.
If any boat uses the River Stroudwater and uses part of the Navigation, it shall pay tolls and duties to the Company.
All Tolls, tonnage, lock dues and other dues .... shall at all times hereafter be exempted from the payment of any taxes rates assessments and impositions whatsoever, any law or statute to the contrary notwithstanding.
p 493:
It is lawful for the Company to supply the cuts with water from the River Stroudwater and from springs found in the making of the cuts, and from brooks, streams and watercourses found within 100 yards of the cut. Any passages can be made from such watercourses to the cut. It is lawful for the Company from time to time to make any dams, sluices and stanks for the making and preserving of the navigation, and during the repairs of any mills, floodgates, weirs or millbanks as is thought needful and necessary.
The Company may let down a sufficient quantity of water from the River Stroudwater as necessary to scour and clean the canal. Only between November 1st and May 29th in every year, but must not prejudice or hinder the work of any mills on the river. The Company shall make satisfaction for any injury done thereby.
p 494:
Any temporary or other stank or dam made in the millpond of R O Cambridge between the lock and the floodgates shall not be higher than within 2' of the Constables of the mills, except with the leave of the proprietors and occupiers of such mills. Millers or owners of Lodgemore, Ebley and Wheatenhurst must be given 24 hours notice in writing by the Company to draw up or open any cloughs or floodgates which shall be for the better making effecting and maintaining the Navigation. The fine imposed for offending is not more that £20 and not less than £10. However the mill owners can demand from the Company money in recompense ie 2/- per hour for the first 12 hours, then 3/- per hour for every hour afterwards for each pen or pound of water stopped or hindered from working.
p 495:
If any cattle shall be cut off from a traditional watering place, the Company should provide an alternative place and supply it with water from the navigation if necessary. The Company's agents et al shall be able to enter the lands of adjacent landowners through which the Navigation is to be made for the purpose of surveying. Recompense for damage will be made.
A map and a plan and a book of reference have been made of the levels and surveys, showing estates, roads, rivers etc. Two copies are to be made and certified by the Speaker of the House of Commons - 1 copy to be deposited with and kept by the Clerk of the Peace for Gloucestershire. 1 copy to be kept with the clerk to the Company of Proprietors. All persons shall have access to, and be able to make extracts and copies from them. These shall be declared as 'good evidence' in a court of law. Given six days notice, the clerk shall produce the map or plan and book of reference.
p 496:
The Company shall not deviate more than 60 yards from the course set out in the plan, nor cut through any estate other than as mentioned in the book of reference without consent in writing of the landowner, or without an order from at least nine of the Commissioners specifying the deviation,.... at a meeting held after 14 days notice has been given.
p 497:
Landowners who were omitted from the book of reference for any reason must not obstruct the making of the canal.
The lands to be taken for use as canal or tow-path, ditches, drains and fences must not exceed 30 yards in breadth. Except in places where the canals shall be raised higher or cut more than 5' deeper than the present surface of the land, and in such places where necessary for vessels to turn, lie or pass each other, or where any crane is to be erected .... in those cases the cut is to be no more than 120 yards in breadth.
If by purchasing a parcel of land for the cut the grounds of an estate are divided on each side, and if those lands are less than one acre in quantity or less than 50 yards in breadth, the Company shall purchase them at the same price as agreed for the land actually cut and used.
p 498:
The river shall not be made navigable, except as authorised by this act. The Company shall not exercise any of the powers given in the 1730 Act, other than for the making, using and maintaining the Navigation.
The turnpike road from Stroud to Framiload is not to be turned, except in crossing the road, as delineated in the map.
p 499:
It shall be lawful for all landowners, trustees, etc. to sell to the Company for effecting the Navigation, any lands in consideration of a sum of money to be paid in gross, or an annual rent or payment. Or they may exchange lands with the consent of seven commissioners - and in rolled, with a copy deposited with the Clerk of the Peace for Gloucestershire .... and be good evidence in a court of law.
p 500 - p 510:
Copyhold rights of manors and courts of manors and customs to be upheld in such a manner as if this Act had not been made.
Commissioners appointed to settle disputes over purchase of land and compensation for damages. If they fail to agree, then a jury is to be called. If the Company doesn't pay rates and damages - then goods and chattels can be seized.
p 510:
If any person damages any works on the Navigation wilfully or maliciously, and is preventing the carrying on or completing the navigation - they shall forfeit not more than £20, nor less than 40/-. In case of non payment persons are to be committed to House of Correction for Gloucestershire for not exceeding three months.
p 511- p 520:
The main part of the section appertaining to shares was REPEALED UNDER SECTION 52 OF THE 1954 ACT.
p 521:
The following clause MAY HAVE BEEN REPEALED - The Company shall always have power and authority at any general assembly to remove or displace any person from the committee or any officer and can revoke or alter any rules and directions and by-laws, or make new ones. They can impose fines not exceeding £5 on any person offending against the same rules etc as under the seal of the Company.
p 521 - p 525:
Items mainly about calls on shares. THESE WERE ALL REPEALED.
p 526:
On the death of a member of the committee, or if he resides out of the county or neglected to attend meetings for three calendar months, or resign . . . notice must be given by members of the committee and a day fixed for a general meeting to choose another member.
Vessels. For the ease of collecting rates and other duties, the masters or owners of every boat, keel, and other vessels passing on the Navigation shall give a signed account in writing to the collectors of rates and duties at their (office) of all goods carried and quantities in each vessel. Also from whence the goods came, and where they intend to land them. If they fail or give a false account, they should forfeit 40/- to the company for every ton of such goods in each boat.
p 527:
The name of every owner or person having the care of a vessel passing on the Navigation and also the steersman to be set in large capital letters on each of the outer sides of each boat.... higher than where the boat sinks into the water when fully laden. On penalty of a fine of £5.
A ton of timber is deemed as follows - 50' round oak, 40' square oak, ash or elm timber, or 50' of fir or deal, baulk, beech, poplar, or other timber wood.
In case of differences between owners of boats and collectors of taxes, then the collector can stop the boat and have it weighed or gauged. Each side to pay the other if differences on either side are found.
p 528:
If any goods are left on the company's wharves for longer than 24 hours the company shall receive payment over and above the tonnage rates as agreed. Vessels of less burthen than 20 tons must not pass through any lock made - other than when water runs to waste over the weir near the lock or when carrying materials to repair the navigation, or vessels going empty for loading, without permission from the company in writing.
p 529:
If any vessel should wilfully obstruct the Navigation, and refuse to remove it, then they forfeit a sum not exceeding 10/- nor less than 5/- and after be charged 1 – 2/- for every hour obstruction lasts. The company can cause such vessel to be unloaded and removed if necessary until the charges are paid. Likewise if any vessel is sunk they can detain it and sell the vessel, returning the overplus to the owner after expenses deducted.
p 530:
No timber to be floated on the canal and no boat to be loaded with timber in such a manner to cause an obstruction. No boats to be loaded higher than 8' from the surface of the water. Owners offending to forfeit £10. Loading above height to pay £20 to the company. The money to be for the sole purpose of maintaining the works of the navigation. No person to throw ballast, gravel, stones or rubbish into any part of the Navigation, including the ditches and drains. Penalty £50.
No boatman passing on the canal shall suffer the water to remain in the lock longer than is necessary for his boat to pass through. Every boatman going down shall close the lower gates of such lock before he draws the cloughs of the upper gates and after he has brought the boat into the lock, shall close the upper gates before he draws the cloughs of the lower gates.
p 531:
Likewise going up, unless he sees another boat approaching the lock going down .... in which case the lower gates are to be left shut, and the upper gates left open.
In dry seasons, the boat going up if within sight of and at a distance not exceeding 300 yards below a lock shall pass through the lock before the vessel going down. If there are more than one boat below and above any lock at the same time within the distance (a post shall be set up for the purpose) - such boats shall go up and come down such locks by turns. Therefore one lock full of water may serve two boats. Any person offending to be fined 40/-.
If any mill owners, lockmen, or others shall wilfully waste any water to the prejudice of the mills on the river, or, to the Navigation pay fine £1 - £5 at the discretion of the justices.
(The following notes concern the Commissioners who were appointed to oversee the construction of the canal.)
p 532:
The undertaking (the 2nd Act) was to be finished in 15 years, otherwise it was not to be built without the consent of the millowners between Framiload and Wallbridge.
The section concerning 'land to be reconveyed if the navigation is disused for more than 5 years' is REPEALED.
p 533:
The company has the power to elect new Commissioners to effect the Navigation if any should die or refuse to act, or JPs for the County of Gloucestershire can nominate and appoint.
p 534:
No Commissioner shall be concerned unless by right or right of his wife, and not as a mortgagee, he has an estate of freehold or leasehold etc. of yearly value of £100, or a personal estate of £3000. If not.... he forfeits £50.
p 535:
No meeting whatsoever of the Commissioners is to be held and no outcome to be lawful unless at least 10 days previous notice has been given in some public newspaper circulated in the County of Gloucester. Every meeting of the Commissioners shall be public. Every Commissioner to take the oath.
p 536:
No Commissioner to accept any place of profit arising out of the tolls to be raised.
Any seven Commissioners can give notice in writing to summon a meeting of the said Commissioners any time after 14 days notice is given. The meeting must be held within three miles of the navigation for carrying out their powers granted under the Act.
No summons, order, warrant etc etc or transfer of shares shall be charged with any stamp duty whatsoever. No proceeding taken in pursuance of this act shall be quashed or vacated for want of form or removed by CERTIORARI or other writ or process whatsoever into any of his Majesty's Courts of Record at Westminster; any Law or Statute notwithstanding.
p 537:
All fines and levies shall be levied by warrant under seal of nay two JPs .... to be paid to the Treasurer for the use of the navigation solely.
p 538 and p 539:
Concerns procedures in case of law suits and fines.
