PART VII. AGREEMENTS ENTERED INTO WITH REFERENCE TO "THE GLASGOW CORPORATION WATERWORKS AMENDMENT ACT, 1866." NOTE.-The Articles of these Agreements which are omitted, have either been superseded by the Act, or the provisions contained therein have lapsed and are therefore not now in force. (1) AGREEMENT with Messrs. Henry Monteith & Co., and others. (Dated 4th and 5th May, 1866.) THIS AGREEMENT, entered into and executed by and between the Commissioners of the Glasgow Corporation Water Works, of the first part, and the following persons and companies, owners or occupiers of manufactories and works in and near Glasgow, drawing their supply of water from the river Clyde, viz.:-Henry Monteith & Company, of Barrowfield Works; Fleming, Watson, & Nairn, of Adelphi Dye Works; Alexander Harvey & Son, of Govanhaugh Dye Works; Charles Todd & Higginbotham, of Springfield Works; Stewart & Brown, of Glasgow Paper Mills; Donald Matheson & Company, of Govancroft Dye Works; J. & W. I. Scott & Company, of John Street Mills; John Bartholomew & Company, of Dalmarnock Dye Works; Forrest, Frew, & Company, of Rutherglen Bridge Works; James Paterson & Company, of Newhall Street Factory; John Robertson & Company, of Newhall Factory; G. & A. Harvey, of Albion Machine Works; John Sommerville & Sons, of Nursery Cotton Factory; J. J. Cochrane & Company, of Wellington Mills; P. & W. M'Clellan, of Clutha Iron Works; and J. R. Cochrane & Company, of Albyn Mills, of the second part, witnesseth:-That whereas the said first parties are now promoting a Bill in Parliament "To authorize the Commissioners of the Glasgow Corporation Waterworks "to construct reservoirs and other works, and to take water from the river Clyde; to provide for the removal of the Weir across the said river, and for other purposes: " And whereas both parties hereto have agreed upon the insertion in said Bill of certain adjusted clauses and schedules, a copy of which is now subscribed as relative hereto, providing for a supply of water to the said second parties, who, on the ground of alleged injury to their several works by the removal of the said Weir, opposed a Bill promoted in the last Session of the late Parliament for, inter alia, that purpose: And whereas it has been further agreed between the parties hereto that the said Bill now promoted by the first parties shall not be allowed, except by the consent of the second parties hereto, or of a majority of them, to pass into a law, unless the said adjusted clauses form part of the Act: And whereas there are other matters connected with the arrangement embodied in the said adjusted clauses which it is fitting should be provided for by mutual agreement of parties: Therefore it is hereby agreed and ended between the first and second parties, and they hereby respectively bind and oblige themselves as follows, namely: Second,-The maximum rate for the additional supply of 1,000,000 gallons of water per day to be furnished under the Act1 to the second parties hereto is hereby fixed at twelve shillings and sixpence for every 100,000 gallons: Provided that if at any time a lower rate is charged for a supply of water to other persons or companies from the reservoirs to be authorized by the said Bill, such lower rate only shall be chargeable to the second parties for such additional supply. 1 See sect. 21 of the Amendment Act, 1866, p. 81. Third, The daily supply of water to be provided by the said Act shall be delivered to the second parties respectively whose names are mentioned in the schedule A1 to the said clauses, in manner mentioned in said clauses, within ten hours, if required, and at the several heights mentioned in the schedule annexed to this Agreement; and the parties now agree to refer to John Frederic Bateman, Esquire, Civil Engineer, London, as sole arbiter between them, the question whether the works to be authorized by the said Bill, as the same may be shown on the working plans hereafter to be prepared for the execution thereof, are sufficient to secure the delivery of such supply of water in manner aforesaid, with power to him to order such alterations on said works, or such additions thereto, as may in his opinion be necessary for that purpose. 1 See schedule A annexed to this Agreement. Lastly, In case of any difference of opinion arising between the parties to this Agreement, or any of them, as to the meaning thereof, or as to any alteration proposed on the said Bill during its progress in Parliament being consistent with the intention of the parties hereto, or generally as to any point connected with the carrying out bona fide of the terms of this Agreement, all such differences are hereby referred to the decision of John Horatio Lloyd, Esquire, Barrister-at-Law, as sole arbiter; and the parties hereto respectively bind and oblige themselves to abide by his decision, and they consent to registration hereof for preservation and execution, and thereto constitute Procurators. (Signed) IN WITNESS WHEREOF &c. JNO. BLACKIE, JUN., Lord Provost. JAS. BROWN. HENRY MONTEITH & Co. ALEX. GRAHAME. EDWIN HIGGINBOTHAM. JAMES ROBERTSON. JOHN BARTHOLOMEW & Co. (Signed) ALEX. GRAHAME, Witness. SCHEDULE referred to in Article Third of the foregoing Agreement. 1, 2 and 3 See sect. 16 of the Amendment Act 1879, p. 113. 4 By Agreement between the Commissioners and Messrs. Robertson & Co., of date 21st and 29th January, 1878, the latter, both in their own right and as successors of Messrs. Scott & Co., discharged the obligation in Article 3 of this Agreement as to the height at which the water is to be delivered to them. (2) AGREEMENT with Messrs. William M'Lean & Son. (Dated 28th and 30th April, 1866.) The Commissioners appointed and acting under "The Glasgow Corporation Waterworks Act, 1855," promoters of "A Bill to authorize the Commissioners of the Glasgow Corporation Water works to construct Reservoirs and other Works, and to take water from the river Clyde; to provide for the removal of the Weir across the said river, and for other purposes," on the first part; and William M'Lean & Son, dyers at Clydesdale Dye Works, near Glasgow, and John M'Lean, sole partner of that firm, petitioners against the said Bill, on the second part :-The said parties have agreed and do hereby agree as follows: Second. The first party hereby also undertake in the event of the said Bill passing into an Act, and in the event also of the second party or their successors finding and representing to the Commissioners, after the removal of the dam or weir and lock to be authorized by the said Act, that the water in the river at the point from which they at present draw water from the river has become, in consequence of the said removal, polluted or injuriously affected, so as to be rendered unsuitable for the purposes of their works, and for conducting processes of manufacture similar to those at present carried on in said works, they shall be entitled to require the first party to cause a pipe to be laid either in the bed of the river or along the side thereof, from a point in the river above and near to Dalmarnock Ford, situated not less than three hundred yards above Dalmarnock Bridge, and down to a point opposite to the middle of the buildings of the second party's works, they bearing one-half of the expense. for the purpose of conveying water from the point first men io ed to the second party's works; which requisition, containing such representation, the Commissioners shall without delay comply with; and it is hereby declared that the pipe shall be of cast iron, and of dimensions not less than twenty inches in diameter in the inside, and of sufficient thickness of metal; and the rose at the end of which, at the said point from which it is to be led, shall be at least two feet under the level of the surface of the water in the river at ebb-tide, measuring from the surface to the centre of the pipe in the ordinary state of the river at the said point after the said weir and lock shall have been removed; and the said pipe shall be laid on such a level and in such manner as will enable the second party to draw water for their works therefrom. In case of any difference of opinion between the parties hereto as to the execution of the operations, or the levels and manner in which the said pipe shall be laid, the same shall be fixed and decided by two neutral engineers, one to be named by each party, and by an oversman to be appointed by such engineers, if they should differ in opinion. The first party hereto bind themselves to lay such pipe, and execute the necessary operations connected therewith, within one month after receiving such requisition or award by the arbiters or oversman; and failing their doing so, the second party shall be and he is hereby authorized to employ qualified persons to do the work, and to charge one-half of the cost against the first party. The first party further engage and bind themselves to obtain, within three months after the passing of the said Act, the consent of the owners of land between the said point from which the water is to be taken as aforesaid and the works of the second party, to lead the said pipe in manner herein provided. Fourth. In consideration of the foregoing undertakings by the first party, the second party hereby withdraw their Petition against, and all further opposition to the said Bill. (Signed) (Signed) IN WITNESS WHEREOF, &c. JNO. BLACKIE, JUN., Lord Provost. WILLIAM M'LEAN & SON. JOHN BURNET, Witness. ROBERT ROSSs, Witness. |