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Document 54, p 2

& Agreements and for the Considerations aftermente’d) the sd Mr Errington
did for himself his Heirs &c covenant with the said Justices party thereto
their Extors &c that he would at his own proper Costs and Charges on or
before the sd 25th March 1780 well sufficiently and effectually build a
good and substantial Stone Bridge across the River Tyne according to the
plan thereunto annexed opposite to Hexham at a place examined and
approved by Mr Smeaton-and should procure and make the said Road and
also that sd Mr Errington his Heirs &c should and would at his and their own
proper Costs and Charges from time to time and at all times as often as need
or Occasion should be and require during the Term of 7 years uphold support
repair maintain rebuild and keep in good and sufficient Repair the said
Bridge and Road for the sd 7 years to be computed from the time that the
said Bridge and Road should have been certified for to the General Quarter
Sessions under the hands of two of His Majesty’s Justices of the peace to have
been built made finished and completed – In Consideration of the sd Mr
Errington’s Covenants and Agreements the Justices party thereto on Behalf of
the County did covenant that the Treasurer of the said County should pay Mr
Errington the sd 5,700L for the building finishing and upholding the said Bridge
and the Sum of 400L for procuring making and upholding the said Road in the
manner therein mentioned – and that Mr Errington should have take and use
as he should think fit all the Timber Stones Iron and other Materials which had
been prepared as aforesaid by the County without any payment or Satisfaction
for the same.
Mr Errington entered into and executed a Bond of the same Date with the
Articles in the penal Sum of £9,100 with a Condition for the performing and
fulfilling sd Articles
18th Geo. 3 An Act of Parliament was passed by which sd Articles of Agreemt was
were confirmed and it was amongst other things enacted that sd Bridge
when finished and completed should be deemed a County Bridge
Mr Errington in Compliance with sd Articles and to fulfil his Undertaking
set about to build the Bridge and make the Road and before the End of
January 1781 they were in all Respects finished and completed and certified
by two Justices to be built made finished and completed according to the sd
Articles and plan-
The sd Sums of 5,700L and 400L were paid to Mr Erringtons Agent, which
Sums together with a considerable Sum out of Mr Erringtons pocket (besides
the old Materials) were laid out and expended in building sd Bridge and in
pur[chas?]ing Ground for and making sd Road pursuant to sd Articles and Plan
by which Means Mr Errington was a considerable Loser by the Undertaking
11 March 1782 By a sudden and most extraordinary Flood the Bed of the River whereon
the said Bridge stood was so much affected that the Bridge was thrown down
and destroyed without any previous Appearance of any Defect and without any real
Defect in constructing or building thereof
It is By the Fate of the said Bridge and from the best and most accurate
Observations of persons eminently skilled in Works of such a Nature it is
discovered and evident that a much greater Sum of Money than what was
allowed Mr Errington will be necessary to erect another Bridge either on the
same Spot or in any other place near thereto capable of withstanding the heavy
Floods which [occasiona??] occasionally happen in the River Tyne and that if
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Note: Draft Case to the Court of Chancery, p 2

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Transcribed by CTW and TB