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Document 66, p 10

140 (10)
to repeat, that those things considered, it appeared to this Deponent
so unreasonable that the Complainant should take the Burthen from
the Magistrates, and bind himself in a Penalty superior to the Value
he was to receive, to the performance of so difficult a piece of Work, that
he verily believes that had the Complainant informed this Deponent
of this Article, he should certainly have advised the Complainant
rather to desist from the Undertaking, than to submit to it.
In Answer to that part of this Interrogatory "Whether or no
"did the Complainant cause such Bridge, and Road to be built, erected,
"and made, pursuant, and in every respect according to such Plan, and
"Survey, and agreeable to your directions; and under your Inspection,
"and conformable to the said Articles of Agreement:" this deponent
says, that the Road, though it might be a necessary appurtenant to
the Bridge, yet as it was no part of his Plan, he therefore knows
nothing concerning it further than in set forth in the Agreement
itself. In the next place, that this deponent may make himself
perfectly intelligible on these points he desires leave to observe
that in all Works wherein he has been himself concerned; and he
verily believes that the same has been the usual practice of other
Artists in the same way; that where the Artist himself, is to direct
the Execution of his own Design; and when this Design necessarily
comprehends the laying of Foundations underground; or under Water;
as in such Cases the Circumstances that shall attend the Execution cannot
be known before hand, that is, till the Execution itself is proceeded
with, this Deponent apprehends that from the natural Necessity of
10 the

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Note: Mr Smeaton's Replies to Interrogatories p 10

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Transcribed by CTW and RMS