Wed 18 Sep 1833
From George Basham, road surveyor
Stonehouse
Agreement for 3 years from 1st September to maintain towing paths and banks from Wallbridge to Framilode, remove mud from locks, remove weeds and rushes from canal, and supply piles and planking, except for pile driving. Cost of agreement £110 per annum, paid quarterly.
Articles of a Agreement indented had made concluded and agreed upon this eighteenth day of September in the year of our Lord One thousand eight hundred and thirty three Between George Basham of Ebley in the parish of Stonehouse in the County of Gloucester Road Surveyor of the one part and George Hawker of Wallbridge in the parish of Painswick in the said County of Gloucester Gentleman (on the part and behalf of "The Company of Proprietors of the Stroudwater Navigation") on the other part.
Witness that the said George Basham in consideration of the payments hereinafter agreed to be made to him by or on the part of the said Company of Proprietors of the Stroudwater Navigation doth hereby for himself his Heirs Executors and Administrators covenant promise and agree to and with the said George Hawker on the part of the Company of Proprietors of the Stroudwater Navigation and their Successors That he the said George Basham his Executors of Administrators shall and will for and during the term of Three years to commence and be computed from the First day of September Instant at his and their own costs and charges in a good and workmanlike manner and with fit and proper materials for the purpose well and sufficiently and substantially repair upheld maintain amend puddle and keep in good and sufficient and substantial repair all the Towing-paths and Banks of the Stroudwater Navigation along the whole line of the said Navigation extending from Wallbridge aforesaid to the Severn and Framilode in the parish of .... in the said County of Gloucester inclusive. And also shall and will from time to time during the said term of Three years when and as often as the same shall be necessary to be done at his and their own costs charges and expenses remove take and carry away from and out of all the Locks upon the said Stroudwater Navigation all the mud soil silt and other matter therein and also cut remove take and carry away all the Weeds and Rushes from time to time growing and being in the said Stroudwater Navigation or in or upon the sides and banks thereof throughout the whole line of length of the said Navigation (that is to say) from Wallbridge aforesaid to the Severn at Framilode aforesaid inclusive or which shall be growing or being in any part of the said Navigation Provided and it is hereby agreed by and between the said parties hereto that in case (in the repairing or keeping up of the banks or sides of the said Navigation or any part of parts thereof) it shall be found requisite or necessary to make use of wooden piles to do or support the same and such piles cannot be driven in and by the use of the Beetle by manual labour alone but shall require the using of the Machine called "a Pile-driver" for that purpose then and in that case the piling necessary is to be done for that purpose and in that manner shall be done by and at the expense of the said Company of Proprietors of the said Navigation alone But that all other requisite piling which can be done by the Beetle by manual labour shall be so done by and at the costs and charges of the said George Basham his Executors or Administrators and in such last mentioned case he the said George Hawker or the Clerk or Agent for the time being of the said Company of Proprietors shall at the request of the said George Basham his Executors or Administrators find provide and deliver or cause to be found provided and delivered the necessary piles planks and other timber requisite for that purpose on at or near to that part or those parts of the said banks of the said Navigation in the repairs of which such piling shall be necessary as aforesaid. And further that the said George Basham his Executors or Administrators shall and will from time to time superintend manage and conduct the whole of the said piling to be done by the Beetle alone and also shall and will at his or their own costs and charges find and provide two good and sufficient Male Labourers to work and assist in the piling of such part or parts of the banks of the said Navigation as shall or may be necessary or required to be done by the Machine called the "Pile-driver" for any time not exceeding one week at any one continuous work or employment of that nature. And also shall and will from time to time during the said term of Three years procure for and find and provide the said Company of Proprietors of the Stroudwater Navigation with any number of fit and proper Male Labourers which they may require to employ or be employed by them upon or about the said Stroudwater Navigation or any of the works connected therewith when thereunto requested by the Clerk for the time being of the said Company of Proprietors of the Stroudwater Navigation at and after the rate of Two shillings and six pence per day per Man. And moreover that he the said George Basham his Executors and Administrators shall and will from time to time perform and execute all the works duties and things herein before specified to the satisfaction of two indifferent persons whenever the said Company of Proprietors shall require the inspection of the said works and things foo their satisfaction therein one of such persons to be chosen by the said Company of Proprietors of the Stroudwater Navigation and the other by the said George Basham and in case such two persons shall not agree then to the satisfaction of a third person to be named and chosen by such two indifferent persons. And shall not nor will in repairing the said Towing-paths and banks of said Navigation or in doing any of the works and duties or things herein before covenanted to be done reduce the present height or width of said Towing-paths and banks of the said Navigation but shall and will keep up the same at least to their present height width and level unless otherwise ordered and directed by the said Company of Proprietors of their Clerk or Agent for the time being. And also that he the said George Basham his Executors or Administrators shall not nor will cause or permit any Stones to be broken or laid for the purpose of being broken in or upon the said Towing-paths or banks of the said Navigation or any part thereof but shall and will cause the same to be broken elsewhere and brought ready to spread and laid down thereon. And shall not nor will cause or permit to be left upon or at the sides of the said Towing-paths and banks of the said Navigation or any part thereof any heap of stones gravel dirt or rubbish. And the said George Hawker (on the part of the said Company of Proprietors of the Stroudwater Navigation and their Successors) doth hereby covenant promise and agree to and with the said George Basham his Executors and Administrators that they the said Company of Proprietors of the Stroudwater Navigation and their Successors shall and will during the said term of Three years or during such part thereof as this contract shall continue in force pay or cause to be paid to the same George Basham his Executors or Administrators for the repairing and keeping in repair the said Towing-paths and Banks of the said Stroudwater Navigation cleaning and removing the mud from the Locks upon the said Navigation and cutting and taking away the Weeds and Rushes growing in the said Navigation or on the sides or banks thereof in manner aforesaid including the materials to be used in doing the work aforesaid and for all the works duties and things hereby covenanted to be done and performed by the said George Basham his Executors and Administrators the Sum of One hundred and ten pounds per annum by equal quarterly payments (on the first day of December the First day of March the First day of June and the First day of September) in each of the said Three years the first of said payments to be made on the First day of December next.
Provided always and it is hereby expressly declared and agreed by and between the said parties and particularly by the said George Basham does hereby consent and agree that it shall be lawful for the said Company of Proprietors and their Successors to withhold any of the said quarterly payments until the said two persons so to be chosen as aforesaid or in the case of their disagreement the said third person shall have certified in writing under their or his hands or hand that the said George Basham his Executors or Administrators hath or have duly executed and performed all the duties matters and things which in and by these presents he hath covenanted and agreed to execute and perform up to the time of such Certificate being made or given. And further to withhold and keep back out of the said quarterly payments any Sum or Sums of money which they the said two persons or such third person as aforesaid shall under their hands or hand certify or declare ought to be withheld or kept back as a penalty or compensation for or on account of the neglect omission or delay of the said George Basham his Executors or Administrators to make and do all or any of such repairs matters and things which on his and their part is are or ought to be done and performed when and with as much expedition as the same ought to have been done under these present. Provided lastly and it is hereby agreed that in case of the breach or nonperformance of all or any of the Covenants clauses and agreements herein before contained on the part or behalf of the said George Basham his Executors or Administrators to be observed or performed it shall be lawful for the said Company of Proprietors of the Stroudwater Navigation and their Successors if they shall think fit to avoid and put and end to this Contract by giving notice in writing (to be signed by their Clark or Agent for the time being) of such their intention to George Basham his Executors or Administrators or causing the same to be left at his or their last or most usual place of abode and then and in that case on such notice being given or left as aforesaid these presents shall thenceforth cease and be void but nevertheless without prejudice to any Action or Suit or right of action or suit which shall have previously arisen or occurred to the said Company of Proprietors of the Stroudwater Navigation or their Successors for or by reason of on account of such breach or nonperformance of the said Covenants Clauses and Agreements or of any or either of them. In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.
Signed sealed and delivered by the said George Basham in the presence of Cha^s Fluck Clerk to Mess^rs Fisher Solicitor Stroud.
Signed sealed and delivered by the said George Hawker in the presence of Cha^s Fluck.
