H G Awdry
Jan 18 / 47
Mr WA <1> forwdd t me yr proposn for dispensing wth 1 of my 3 bridges On this subjt I was vy desirs of havg his advice & opinn
but most unfortly as you know, it has been impossble for Mr WA to attend to matters of business for some weeks past, & I have not seen him yet
Under these circes I wish to ask you whether, in case I accept your propositn, or ^if (not accepting it), I select for the sites of my 3 bridges the same as Mr Ward <2> has already selected without any <illegible deletion> authority from me you would then agree to
terminate settle all doubtful questions between me & the Company – & <in> speakg of doubtful questions I chiefly have in view ye difficulty you raised a short time ago about the price of the land on Wick farm <3> wch you wished to reduce below the award of 26£ per acre, whereas I conceive the only object of having a reference was to know ascertain if they were not worth more
it appears to me that the Referee having valued them at 260£ you are bound by the spirit & meaning of your contract to pay that price for them – or else there was no use in having any Reference on that subject. If I receive from you a satisfactory reply
on the as to this point, I shall hasten be ready to settle the question of the bridges in a manner that will be satisfactory to you & the Company –
<on sheet 2:>
If ye Compy now clm as a matter of right to purchase lands <fm?> <HFT?>, <
either?> under ye powers of the Act of Parlt of /45 – & if they require ye appointmt of a referee Mr T. <4> has a right to require from ye Company, before such referee is appointed, that they will now state the whole of their claim, and give him an undertaking or valid assurance that they will not at any future time claim to purchase any other lands from him –
^For, Ye award of ye referee is to be final, & he is to decide all the points in dispute after a <
illeg> full considern of ye whole question– For this purpose he must have it all before him at 1 view Ye award of ye referee havg when his the award has bn made ye lands conveyed to ye Cy, ye money paid, & ye < whole?> transn terminated, it cannot be supposed that ye Cy can have any right ^at a future time to claim ^to purchase other lands, & ^to demand the appointmt of another a Referee to value them – thus renewing the trouble & expense –
Nothing of this sort is provided for in ye agreemt between Mr T & ye Cy – which clearly contemplates a single Reference only, & that the whole question of damage and compensation shall be taken into consideration by the referee at one & ye same time, & his award made accordingly, to be final & binding upon both parties.
1. West Awdry (1807–1892), solicitor, Chippenham.
2. Richard James Ward, of Bath.
3. Wick Farm, Lacock, Wiltshire