Wed 9 Nov 1842
Dam put into Navigation about 28 feet from bank on opposite side of Navigation. Contraction to 18 feet of waterway. Temporary towing path for hauling or drawing vessels over water adjoining old towing path, diverted 40 feet. Interview with Mr Hillier, engineer, agent of Railway Co. Intention to erect south abutment for bridge. Towing path of 8 feet between face of abutment and waterway. Diversion of 22 feet.
Tunnel under Navigation. Works on south side for arching tunnel. Water escaped into tunnel. South end stopped with clay. Violation of provisions of Railway Act.
Diversion of 10 feet permitted by Committee. Erection of new abutment or extension of arch span of bridge to required width or by arms to support arch or head of bridge. No diminishing of minimum height of arch.
Mr Mason to request W S Marling to have key to the Ebley feeder given to them as an experiment two years ago.. Not a hostile act on part of Navigation.
Fixing a day in each month for ordinary committee meetings, also mode in which allowance shall be paid or applied.
Notice to be served on Railway Company. Letter from Mr Wathen to their solicitor. Complaint about deviation in towing path and driving of tunnel under Navigation. Mr Croome to confer with Mr Wathen on notice to prevent Railway Company erecting bridge or putting in south abutment to secure towing path from being diverted, obtaining an injunction if so advised.
At a Special Meeting of the Committee of the Stroudwater Navigation held at the Committee Room at Walbridge on Wednesday the 9^th of November 1842 at 11 o'Clock
Present: [In Time 4/6 & 4/6 over] M^r Cosham, M^r P H Fisher, M^r Jo^s Fisher M^r Jn^o Stanton, M^r Croome, M^r Wyatt, M^r S Fisher, M^r Hughes, M^r Beard, M^r Wathen.
M^r Croome in the Chair.
Mess^rs Croome, Stanton, Cohsam & Martin (the sub Committee appointed at the last meeting) reported That they had viewed the works of the Gloucester & Berkly Railway Company near the Ocean, and found that a dam has been put into the navigation by the Railway Com^ny or their Contractor at a distance of about 28 feet from the outeredge of the towing path. and an abutment of brick, extending a distance of 6 feet from the bank on the opposite side of the Navigation thereby contracting the Width of the Navigati^n to 18 feet of waterway; and that this has continued for at least 2 Months previously to this time.
That a temporary towing path has been made by them for the purpose of hauling or drawing Vessels over the water adjoining the old Towing path; and thereby they have diverted to old Towing path through the whole length of the dam including the space intended for the South abutment of the bridge; being near 40 feet.
That the sub Committee had an interview with M^r Hillier an Engineer who represented himself as an agent of this Railway Copm^y and stated that it was their intention to erect the South abutment for the intended Bridge so that the face thereof would stand 14 feet within the inner line of the old towing path, and that they intended to make a Towing path 8 feet in width between the face of the abutment and the waterway making a division of 22 feet in the line of the old Towing path.
That the Railway Com^y or their Contractors have driven a Heading or Tunnell under the Navigation at about 20 feet westward of the scite of the intended Bridge; and have erected the same with brick under the said Navigation from the South side to within 6 feet of the northsige; and have also commenced Works on the South side for the purpose of arching the said Tunnel there.
That the water of the Navigation has escaped into the Tunnel; and the works are in consequence suspended; and the South end or opening of the Tunnel has been stopped with Clay.
That in the opinion of the Sub Committee the matters and things before stated are in violation of the provisions of the Act of Parliament for making the Railway, all of which they carefully report --
On a consideration of the matters contained in this report and of the suggestions of the Sub Committee on their view of the works and on the conversation they had with M^r Hillier as to the intentions of the Railway Company:-
Resolved that it is the opinion of this Committee:-
That although it would have been highly desirable that no diversion of the Towing path should have taken place but that the same should have been continued in the old strait course to avoid the collision of Vessels and any increase of distance, Yet that this Company may without much inconvenience permit the old Towing path to be diverted 10 feet if that would be desirable for the Railway Comp^y and they should express wish to adopt this distance but it is the opinion of this Committee that no greater deviation should be permitted.
And resolved that the plan to be adopted to effect this ought to be either the erection of a new abutment on the North end of the Bridge, or the extension of the span of the Arch of the Bridge to the required width, or by the throwing out of arms from the two inner sids to support the arch or head of the intended Bridge; provided they do not thereby diminish the minimum height of the arch over the Towing path as provided by the Act of Parliament.
The Key of the feeded near Ebley Mill having been committed to the Care of Mess^rs Marling at their request about Two Yeas ago as an experiment in relation to the feasibility of their assisting in the supply of the Canal with water thereby, and the return of the Key being desirable at the present time for a particular object,
Ordered that M^r Mason to wait on M^r S S Marling and request him to let him have the Key stating it to be necessary, but not to treat it as any hostile or unfriendly act on the part of the Navigation Comp^y.
Ordered that all the Committee meetings be convened as usual by Circulars and that as to the ordinary Committee meetings, which shall be held monthly the Notice shall be given Seven days previous thereto as directed by the act of Parliament if practicable so to do.
That the next ordinary Committee meeting be held on the first Friday in December next at 2 o'Clock P.M. at which Meeting shall be taken into consideration the fixing of the day in each month on which the ordinary Committee meetings shall in future be held, and also the mode in which the allowance for the expences of the Committee made by the Act of Parliament incorporation this Company, shall be paid or applied; And that in the Circular calling the next ordinary meeting, the Clerk do announce the above subject as intended for consideration at that meeting.
The meeting having been convened by the aforesaid Sub Committee for the purpose of a meeting with M^r Hillier, M^r Knapp and others on the part of the Raiway Comp^R who had requested the same, in order to our receiving from them a propostion for drawing off the Water of the Canal to enable them to put in the abutment of their intended Bridge; and no person having attended the meeting on behalf of the Railway Comp^y on that subject --
Ordered that the following Notice be served on the Railway Company in a Letter to their Solicitor from M^r Wathen.
November 9^th 1842
Gentlemen,
I am instructed by the Committee of the Stroudwater Navigatio to reply to your M^r Knapp's Letter to me of the 31^St ultimo to state that the Committee complain (amongst other things) of the deviation made in their Towing path at the scite of the intended Bridge over the Navigation at Stonehouse; and the inconvenience which has been sustained thereby. And I am further instructed to request you will regard this Letter as a Notice from the Stroudwater Navigation Comp^y that they cannot allow any deviation to be made in the line of the Towing path at that place but shall require the same to be made in conformity with the provisions of the Act of Parliament in that respect.
They also complain of the driving a heading or Tunnell under their Navigation near the same place which they regard as prejudicial to their interest and at variance with the provisions of the Act of Parliament and as having been made without any application to the Company or leave so to do and without the necessary provisions to protect the rights of their Navigation.
I am ..
G. W.
Ordered that M^r Wathen do take the necessary steps to be advised of the best course for this Company to pursue in order to prevent the Railway Comp^y or their Contractors form erecting the Bridge or putting in the South abutment in any other place than that which shall secure the Towing path from being diverted at that place. And that M^r Croome do wait on M^r Wathen and confer with him thereon and on the necessity of his immediately giving the above notice; and proceeding to obtain an Injunction on the above subject if so advised.
