Minutes Tue 19 Aug 1806

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Tue 19 Aug 1806

Summary

Mr Hicks attended and proposed that an opinion should be submitted to Counsel on part of an agreement made 7 November 1777 between the Company and Henry Stephens Esq, late of Chavenage, that respects the retention of the House belonging to the Company inhabited by their servant William Beard. Mr Hicks apprehending that by virtue thereof he, as the present owner of the land lately belonging to Mr Stevens on which the house is erected, had a right to reclaim the said house on paying the Company for the materials. An opinion should be taken on a case that shall be previously laid before the Committee and by them approved and that the expense attendant thereon shall be equally divided between Mr Hicks and the Company.
Application made by William Read of Ebley for the Company to pay him after having been exonerated from the support and repair of a fence to the road leading from the turnpike road at Ebley to the grounds now belonging to Mr Clissold on the opposite side of the canal. It gave access to Mr Read’s meadow on the same side of the canal as well as to a bridge that he used alone for his benefit. Also from a certain rent of 5s per year secured by the Company under an agreement entered into between the late Mr Thomas Ellis of Ebley and the Company, it was resolved that the sum of £35 be paid to Mr Read on an agreement being executed between him and the Company to the effect above mentioned; provided, however, that under the said agreement the company shall be secured harmless against any claim that may be made at a future period by Mr Stephen Clissold of Ebley or his heirs in consideration of his having relinquished a right of road across the meadow of the aforesaid Mr Read as well as any claim for repairs of a bridge lately erected by the said Mr Clissold. Instructions to be given to Mr Clark, attorney in law, to procure a draft agreement by the next meeting.
Ordered that the trunk leading from the old river under the canal at Mr Clissold’s mill pond be examined as it is reported to be out of repair. The same to be effectually repaired so that the wash of water may be prevented as much as possible.
Many disorderly persons having been seen of late bathing in the Navigation to the great annoyance of passengers passing along the towing path, hand bills are to be posted upon the bridges over the canal stating that persons found bathing in future will be prosecuted at the expense of the Company.
Thomas Grazebrook to make a dock for repairing vessels in a ground belonging to Mr Joseph Grazebrook called Downfield, he agreeing that the Company and their successors shall be admitted to the use of the said dock for repairing their vessels free of expense. The same may be occupied by the said Thomas Grazebrook for the purpose of repairs and continued there for a reasonable time.
The last Half Yearly General Meeting having referred to the Committee to further proceedings with the Thames & Severn Canal Company in order to obtain redress for the loss sustained by the company in consequence of the Badbrook water having lodged in the Thames & Severn a large quantity of mud, much of which has been thence conveyed into our Navigation, an account of the expense incurred by this company in the summer of 1804 in clearing our upper level from the mud that has been thus collected is to be prepared and transmitted to the Chairman of the Thames & Severn Canal Committee with a letter signed by the Chairman of our committee requiring payment thereof unless they will consent to fulfil their past promise, since withdrawn, of paying half of the expense of an aqueduct to convey the above stream under their canal.

Verbatim text

At a Meeting of the Committee of the Stroud water Navigation held at the Committee room at Walbridge on Tuesday the 19^th Aug^t 1806
Present
Henry Burgh, Jn^o Allaway, Rev^d J Colborne, Row^s Scudamore, Sir Sam^l Wathen, Sam^l Wathen, Benj^n Grazebrooke, Nath^l Wathen, Jn^o Tyers, Jn^o Hawker, Nath^l Jones, Jos^h Grazebrooke, W^m Seville.
Read the Minutes of the last Meeting. Continued the Orders of the last Meeting.
M^r Hicks attended and proposed that an Opinion should be submitted to Counsel on part of an Agreement made on 7^th Nov^r 1777 between the Company and Henry Stevens Esq^r late of Chavenage that repects the retention of the House belonging to the Company inhabited by their servant W^m Beard, M^r Hicks apprehending that by virtue thereof he as the present Owner of the Land lately belonging to M^r Stevens on which the House is erected had a right to reclaim the said House on paying the Company for the materials. Resolved that we agree that such an Opinion be taken on a Case that shall be previously laid before the Committee and by them approved and that the expence attendant thereon shall be equally divided between M^r Hicks and the Company.
In consequence of an Application made some time hence by M^r W^m Read of Ebley for a Sum to be paid him by the Company in consideration of which they were to be exonerated from the support and repair of a fence leading from the Turnpike road at Ebley to the Grounds now belonging to M^r Clissold on the opposite side of the Canal and across M^r Reads Meadow on the same side of the Canal as well as of a Bridge that hereafter be used only for his Benefit, also from a certain rent of five Shillings per Year secured by the Company under an agreement entered into by the late M^r Tho^s Ellis of Ebley and the Company it was resolved that the sum of Thirty five Pounds be paid to M^r Read on an agreement being executed between him and the Company to the effect above mentioned, provided however that under the said Agreement the Company shall be secured harmless against any claim that may be made at a future period by M^r Step^n Clissold his Heirs and Assigns in consideration of his having relinquished a right of Road across the Meadow of the aforesaid M^r Read as well as against any Claims for repairs of a Bridge lately erected by the said M^r Clissold. Resolved that the Committee here by confirm the above resolution that instructions to this effect be given to M^r Clark Attorney at Law to procure the Draft of an Agreement to the above effect to be laid before the Committee at their next Meeting. Ordered that the Trunk leading from the Old River under the Canal at M^r Clissolds Mill Pond be examined and as it is reported to be out of repair, It is the opinion of this Committee that the same shall be effectually repaired so that the wash of water may be prevented as much as possible.
Many disorderly Persons having been seen of late bathing in the Navigation to the great annoyance of Passengers passing along the Towing path.
Ordered that Hand Bills be posted upon the Bridges over the Canal stating that if such persons shall be found Bathing there in future they shall be prosecuted at the expence of the Company.
Ordered that M^r Tho^s Grazebrook be at Liberty to make a Dock for repairing Vessells in a Ground belonging to M^r Jos^h Grazebrook called Downfield he agreeing that the Company and their Sucessors shall be admitted to the use of the said Dock for repairing their Vessells free of expence (?unless?) the same may be occupied by the said M^r J^os Grazebrook for the especial purpose of Repairs and continued there for a reasonable time. This Order to remain in force subject to Directions of the Committee or such further Order as a General Meeting may enter into.
[Badbrook Water Mud conveyed to S W Canal]
The last Half Yearly General Meeting having referred to the Committee to further proceedings with the Thames and Severn Canal Company in order to obtain redress of the Loss sustained by the Company in consequence of the Badbrook Water having lodged in the Thames and Severn Canal a large quantity of Mud, much of which has been thence conveyed into our Navigation.
[Clearing Mud T&S Canal]
Ordered that an Account of the expences incurred by this Company in the Summer of 1804 in clearing our upper Levell from the Mud that has been thus collected be prepared and transmitted to the Chairman of the Thames and Severn Canal Committee with a letter to be signed by the Chairman of our Committee requiring payment thereof unless they will consent to fufill their late promise since withdrawn of paying one half of the expence of an Aqueduct to convey the above Stream under their Canal.
Adjourned this Meeting to Monday the 8^th of Sep next at 5 oClock in the Afternoon at the Committee room at Walbridge.

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