Hampshire Record Office
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Winchester
SO23 8TH (UK)
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01962 846154
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Articles of Agreement. Indented and made and concluded and fully
agreed upon this third day of October on the twenty eighth year of the
reign of our sovereign Lord George the third by the grace of God of Great
Britain, France and Ireland and King defender of the faith and so forth
and in the year of our Lord 1788.
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Between John Pinkerton of Sparkhill in the parish of Yardley in
the county of Worcester, Canal Undertaker, of the one part and the
Company of Proprietors of the said canal and navigation of the other
part in manner following that is to say.
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Whereas in pursuance of many advertisements inserted in the public
papers by the said Company of Proprietors for that special purpose the
said John Pinkerton did deliver proposals of Estimates in writing for
making completing and finishing in substantial watertight and workmanlike
manner that part of the said Cut or Canal authorised by an act of
Parliament passed in the Eighteenth year of the reign of this present
Majesty King George the third leading out of and from a certain Meadow
called Cooper's Meadow adjoining the town of Basingstoke in the county
of Southampton to communicate with the River Wey in the parish of Chertsey
in the county of Surrey with all Buildings and works appertaining thereto
on or before the twenty fifth day of December in the year 1792 conformable
to the line sections and plans delineated and delivered in by Mister
George Pinkerton Engineer ------------ William Jessop Esquire the principal
Engineer to the said Company and to ---------- Annexed to these present
Articles at or for the price of £7699-6-8 1/2d.
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And Whereas the said John Pinkerton for himself, and
Executors Administrators and Assigns hath also proposed and agreed to support
and maintain the said Cut or Canal and all Buildings and Works appertaining
thereto with every needful and proper reparation and Amendment excepting
any wilful or Accidental damage that may be done by Boats or otherwise for
the term of three years from completion thereof and to leave in the hands
of the said company their successors and assigns the sum of £2700 As a pledge
or further security for the permanency and stability of the said undertaking
till the expiration of three years after the finishing of the said canal
they the said Company allowing him interest for the same after the rate
of five pounds per centum per annum in Case in the event it shall be entitled
to the said £2700.
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And Whereas the said Company of Proprietors in order to excite
stimulate and induce the said John Pinkerton his Executor, Administrators
and Assigns to exert his and their utmost for the completion of the said
Cut or Canal agreed to pay him or them the sum of £500 beyond his contract
aforsaid for every three months short of the said 25th December 1792 that
he or they shall finish the same in such completion being fully certified
by the principal and resident Engineer of the said Company for the time
being.
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Now these presents witness and the said John Pinkerton
doth hereby for himself his Heirs Executors and Administrators covenant
promise and agree to and with the said Company of Proprietors of the said
Basingstoke Canal Navigation their successors and assigns by these presents
in manner following that is to say that said John Pinkerton his executors
Administrators or Assigns shall and will for the Considerations herein before
and after mentioned at his or their own proper costs and Charges on or before
the said 25th day of December which will be in the year of our Lord 1792
will and sufficiently make form finish and compleat or cause or procure
to be well and sufficiently made formed finished and compleated in an effectual
substantial watertight and workmanlike manner a Navigable Cut or Canal passable
for Barges, Boats and other vessels out of and from the said meadow called
Coopers Meadow adjoining the said town of Basingstoke to communicate with
the River Wey in the parish of Chertsey of such Dimensions and with such
Locks Bridges, Culverts, Weirs, Gates, Valves, Banks, Towingpaths, fences
and all other works appertaining thereto agreeable to under and subject
to Terms Agreements Regulations and Restrictions as are described and particularized
in the plans, Drawings, sections, Conditions proposals and specifications
hereto annexed.
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And Also that the said John Pinkerton his Executors
Administrators or Assigns shall and will at his or their own like proper
costs and charges from and after the finishing and completing of the said
cutt or canal and all buildings Erections and works appertaining thereto
such completion being fully certified by the principal and resident Engineer
of the said Company for the time being will and sufficiently uphold support
sustain maintain and keep the same and every part thereof in good perfect
and substantial repair and condition excepting any wilful or accidental
damage that may be done by boats or otherwise for the space of three years
in order thereby the more fully to ascertain and prove the firmness stability
and permanence of such Cut or canal and other works aforesaid and for the
better ascertaining and securing the effectual Execution thereof shall and
will leave in the hands of the said Company of proprietors their successors
and assigns the said sum of £2,700 part of the sum of £76,699-6-8 1/2d herein
-------- agreed to be paid to of the said 3 years after the finishing of
the said canal. they the said Company of Proprietors their successors or
Assigns paying --------- for the same after the -------- day of --------
was for ----------. In case the said John Pinkerton his executors Administrators
or Assigns shall be entitled to the said £2700 according to the conditions
of these presents.
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And Also that the said John Pinkerton his said Executors
or Administrators for the performance of the said Contract and agreement
and every part thereof shall and will within one calendar month from the
date thereof find and provide one or more good and sufficient Surety or
Sureties to be bound with him the said John Pinkerton his Heirs Executors
and Administrators to the said Company of Proprietors and their successors
in the penal sum of £5000 conditioned for the due and permanent Execution
of the said Cut or Canal and all buildings, Erections, and Works appertaining
thereto and the full performance of every Article Clause and Condition
mentioned and contained in these present Articles of Agreement and the
References made therefrom the sufficiency of such Surety or Sureties to
be aproved of by the said Company of Proprietors or their Successors.
And the said Company of Proprietors for the consideration aforesaid do
hereby for themselves and their successors covenant promise and agree
to and with the said John Pinkerton his Heirs Executors Administrators
and Assigns by these presents in manner following that is to say that
they the said Company of Proprietors or their successors shall and will
well and truly pay or cause to be paid to the said John Pinkerton his
Executors Administrators or Assigns on the execution and full completion
of the said Cut or Canal and the several buildings erections works matters
and things thereto belonging acording to the plans sections specifications
proposals agreements and conditions hereto annexed and the Covenant and
agreement of the said John Pinkerton his Executors Administrators and
Assigns in pursuance of the true Intent and meaning of these presents
the full and just sum of £76699-6-78 1/2d of lawful money of Great Britain
in manner following that is to say such sum and sums of money every fortnight
from time to time during the execution of the said works in order to enable
him or them to proceed properly with the same in part and on account of
the said sum of £76699-6-8 1/2d Except the sum of £2700 so agreed to be
left by the said John Pinkerton his Executors Administrators or Assigns
in the hands of the said Company of Proprietors their successors and assigns
as shall be judged by the principal or resident Engineer of the said Company
for the time being to be adequate and equivalent to the works which shall
from time to time be done and executed and the value of the materials
and Implements delivered on the sides of the said canal to and for the
use of the same which materials and implements from and after such payment
shall not be removed or disposed of to or for any other Works or purpose
or any other person or persons whomsoever but the same shall be used and
employed in or about the said cut or canal and the works belonging thereto
and be from there considered an appendage or appendant to.
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