Thu 15 Dec 1831
Special General Meeting. Bye law to be enacted that master or owner of every boat, barge or other vessel coming into Navigation to allow nearest clerk to copy ticket containing account of cargo. Penalty for neglect or refusal or producing a false ticket to be 40 shillings for every ton of goods.
Agreement with assignees of Thomas Harper, bankrupt.
Considered intended application of Gloucester & Berkeley Canal Company to Parliament to take water from River Froome through Stroudwater Navigation below Whitminster Lock. Agreed provided rights and interests of Proprietors protected. Proper water feeding and supplying with water of Bristol Road level, removal of mud, soil and silt. Works to be constructed to satisfaction of Committee. Clauses in Act to protect rights and interests of Proprietors.
Drawback of 6d on bar iron, boiler plate, gross iron castings and nails conveyed from Gloucester to London.
Much of loss sustained by insolvency of Thomas Harper, agent for coals at Dudbridge Wharf, attributed to George Hawker. Company’s Clerk. No intent to defraud. Deep regret at failure in duty.
At a Special General Meeting of the Proprietors of the Stroudwater Navigation held at the Company's Office at Walbridge on Thursday the 15^th day of December 1831
P H Fisher Esq^R in the Chair.
Ordered that it be enacted as a Bye law for the good and orderly using of the Stroudwater Navigation that the Master or owner of every Boat Barge or other Vessel coming into the Navigation out of or from any other Canal, shall on entering into the said Navigation produce and show to the Clerk of the said Navigation nearest to the place of such entry, and shall permit a copy or copies to be made of, the Ticket containing an account of the Cargo carried by such Boat Barge or other Vessel given to such Master or Owner by the Clerk or Lock Keeper of the Canal through or from which such Boat Barge or other Vessel shall have come into the said Stroudwater Navigation. And that if such Mater or Owner shall neglect or refuse so to do, or shall produce or shew to the said Clerk andy forged, false or deceitful Ticket such Master or Owner shall forfeit and pay the Sum of forty Shillings for every Ton of Goods and other Things (and also in proportion for any less quantity than a ton) which shall be in such Boat Barge or other Vessel of which such Ticket shall be refused or neglected to be shown, or to be copied as aforesaid or of which such forged false or deceitful Ticket shall be produced or shewn, as the case shall be, over and above the rated toll or tonnage directed to be paid for the carriage of Goods, Coals and other Things upon the said Navigation under any Act of parliament in respect thereof:- such penalty to be recovered in such manner as is provided for the recovery of penalties for neglecting or refusing to give a just and true account of the Cargoes in Boats, Barges or other Vessels on entering the said Navigation.
Ordered that the Committee do enter into an Agreement with the Assignees of Thomas Harper a Bankrupt (the late Sole Agent of Coals at Dudbridge Wharf) for assisting in collecting and getting in, and that they do assist in collection and getting in, the various Debts claimed by the said Assignees, as due for Coals sold by the said Bankrupt, and also do account with the said Assignees for the money received by the Company's Clerk for Coals remaining on Dudbridge wharf, at the time of the dismissal fo the said Thomas Harper, as their Sole Agent ther, Upon the Terms of the Assignees undertaking to allow the proof of the (?) due from the said Bankrupt to the Company of Proprietors; and in such manner and on such terms as eh Committee shall see fit, and shall be able to effect with the said Assignees.
The intended application of the Gloucester & Berkeley Canal Company to parliament for an Act authorsizign them (amongst other things) to take Water from the River Froome through the Stroudwater Navigation below the Whitminster Lock, for supplying the Gloucester and Berkeley Canal with water, was taken into consideration. As also the plan of the intended works for carrying the same into effect, with a Draft of the Clause of the said intended Act relating thereto - submitted to this meeting as prepared by the Solicitor of the Gloucester and Berkeley Canal Company.
Ordered that the Committee of the Stroudwater Navigation do permit the taking of the Water from the River Froome through the Stroudwater Navigation below the Whitminster Lock, to the supply of the
Gloucester and Berkeley Canal - Provided that rights and interests of the Proprietors of the Stroudwater Navigation be protected to the satisfaction of the Committee with respect to the proper feeding and supplying of water of the Bristol Road Level - with respect due and proper removal of that mud soil and silt which may be accumulated from time to time in the Navigation by the flowing of the Water from the River Froom into the Navigation, and its passing through the same; and provided the Works for the above purpose be constructed to the satisfaction of the Committee, and proper Clauses be introduced into the Act for so protecting the rights and interests of the Proprietors of the Stroudwater Navigation in those respects, and in such other Respects as to the Committee may appear proper.
Ordered that the Committee Do take all proper measures to carry into Effect the Resolutions of this Meeting, And to watch the progress of the Bill in Parliament, with respect to any other powers sought to be obtained thereby, which may have a bearing on the rights and interest of the Stroudwater Navigation.
Ordered that a drawback of Sixpence per Ton be allowed on all Bar Iron, Boilerplate, Gross Iron Castings and Nails passing through this Canal and which shall (?) be conveyed from Gloucester to London.
Having taken into consideration the loss sustained and likely to be sustained by the Insolvency of Thomas Harper (one of the Company's Sole Agents of Coals at Dudbridge Wharf) and his having failed duly to account to the Company's Treasurer for the Value of the Coals delivered to him from time to time for Sale - and having seen reason to attribute much of the said loss to M^r George Hawker, the Company's Clerk, in consequence of his not duly bringing before the Committee, and calling their attention as often as he ought to have done, to the state of the accounts between the said Thomas Harper and the Company, and the irregularaties and defaults of the said Thomas Harper in making his payments; -
And particularly, having taken into consideration the fact of the said George Hawkers having entered in the Account of the said Thomas Harper with the Company in their Books, a greater quantity of Coals as remaining in Stock on the Dudbridge Wharf and as belonging to the said Company than was so remaining thereon on the first day of April last, preparatory to the then next ensuing Half yearly meeting of the Proprietors; and which the said George Hawker has admitted he then knew to be greater in quantity than was so really remaining; - whereby the default of the said Thomas Harper in payment of the value of that excess in quantity, received by or due from (?) could not be perceived by the Committee: -
But nothing having appeared to this Meeting to show that the same was done or omitted to be done with a view to benefit himself, or with any intention to defraud or injure the company; - whilst the good conduct of the said George Hawker for a long series of years justifies this Meeting in believing in the absence of all corrupt motive, or ill intention on his part - Resolved that this Meeting do not think it necessary to dismiss the said George Hawker form the situation of principal Clerk the Company: - But they do at the same time desire to express to the said George Hawker, their deep regret at his having failed in his duty in the respects before mentioned - their serious disapprobation of such default and failure of duty, and that he be ordered in future to use his utmost vigilance and care in and about the accounts and affairs of the Company.
