Canal Tunnel Dispute
Preston 28th Nov 1809
Arrangement in the Matter in dispute between Messrs Horrocks & Co and the Lancaster Canal Company
Messrs Horrocks & Co relinquish all Claims and Demands against the Canal Company for or in respect to the use of their Steam Engine at the Canal Street Factory during the time the Tunnel from the River Ribble was in execution, as well as all claims for loss sustained in their spinning of Cotton, during that period at the said Factory; The said Messrs Horrocks & Co also give up all claims to compensation for a piece of Land taken by the said canal Company, from the Lands of the said Messrs Horrocks & Co adjoining to, and on the north East corner of Maudland Bridge.
The said Messrs Horrocks & Co likewise relinquish all claims upon the said Company, for the use or right of using any part of the Street or Road in Preston called Canal Street, and they also release the said company from the payment of any considerations for the use of a Building formerly standing at the Bottom of the said Street, and from the payment of any consideration for the Wall now remaining and to which the Canal Co erected a Smithy, Cottage or other Building, and lastly the said Messrs Horrocks & Co release the Canal Company from all claims whatever in respect to the works executed by the said Company, having impaired or drained the Springs which supplied the steam Engines at the Spittall Moss Factories with water.
The said Messrs Horrocks & Co agree to convey unto the Canal Company, all that piece or parcel of land at the Bottom of Canal Street in Preston, bounded on the North by the said canal Street, and on the East by Cottages and the Land of James Barlow and Edward Brown, and on the South and west, by the Lands of the Canal Company containing 1377 yards or thereabouts.
In consideration of the above, the said canal company agree, that the said Messrs Horrocks & Co shall have liberty at all times, to take and use, the Water in the said canal, for the purpose and use of their Steam Engines at the several Factories called Canal Street Factory, and the two Moss Factories, upon express condition that in the taking and using the same they commit no Injury or obstruction to the said navigation, and make proper conveyances to return the water into the canal after it has passed and been made use of for the purposes of their said Steam Engines. And the said canal company further agree to convey into the said Messrs Horrocks & Co, all that plot or piece of Land situate at the west end of the Canal Factory, belonging to the said Messrs Horrocks & Co and adjoining to the said canal, now in the occupation of Robt Roper. And also all that slip or piece of Land of the Breadth of eight feet extending along the northern side of the yard of the said Factory from the piece of Land before described to the Wall of the counting House or other building in the said yard, with the right of using the canal and Basin adjoining the said premises for the purpose of loading and discharging boats without obstruction or hindrance to the said canal, or remaining part of the boat or boats free of duty of which shall be laden with the coal at the Hurries at Preston brought from the south part of the Lancaster canal and Railroad and discharged at the said Basin for the use of the said Messrs Horrocks & Co at their factories at Canal Street and Spittal Moss. It being expressly understood by the parties that the said Messrs Horrocks & Co shall not set or assign any part of the premises hereby agreed to be demised to the any other person or persons or permit any other person or persons to use the same for the purposes of a wharf for leading or discharging any kind of goods wares merchandizes coal or any other article whatsoever and that the said Messrs Horrocks & Co shall wall up the present Gateway or Road at the south end of the said wharf and continue the wall to the west end of their Factory and forever support and maintain the said Wall from the canal water to the said end of their Factory.