Document 73, Replies to Interrogatories, p 5, Donkin and Layborn
| 164 | ||||
| In Chancery | ||||
| Depositions & Examns of Witness produced sworn & | ||||
| Examd upon Interries to them administered in a Certain Cause dependg | ||||
| and at Issue in the high Cot of Chancery wherein Henry Errington Esqr is Complt | ||||
| Gawen Aynsley John Tweddle & Bacon Wm Wastell are Defts Taken on the pt of ye | ||||
| sd Defts at the Hs of Mr Wm Loftus Innkeeper in Newcastle upon Tyne the 12th Jany | ||||
| 1787 by virtue of a Commn Issued out of ye sd Cot heag date at Wstmr the 16th Novr | ||||
| in the 27yr of King Geo 3d directed to Wm Wilson Esqr William Wilkinson Gent | ||||
| Chrisp Fawcett, Ra Hopper Williamson Esqrs any three or two of them to Examn | ||||
| witnesses as well on ye pt of ye sd Complt as on the pt of the sd Defts retble in | ||||
| Eight days after St, Hilary next Ensuing | ||||
| 0 John Donkin of Sandhoe in ye Co of Northd Gent a witness first Sworn & Examd on ye pt of ye | ||||
| pt of the Complt & now Sworn & Examd on ye pt of ye Defts Deposeth as follows | ||||
| Second To the second Interry Saith he hath looked upon ye paper writing now produced & shown to him at | ||||
| this the time of his Examn marked wth ye Lre A & the names or Characters "Henry Errington" set and subscribd | ||||
| to ye sd Exhibit |
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| of the Complt & in fact did see the sd Complt set the name or Chartr "Henry Errington" to ye sd paper writing | ||||
| & saith that by the Dircion of the sd Complt he the Depont delivered or caused to be delivered afsd paper writing | ||||
| to the Justices of the peace assembled at their Genl Quar Sessions at Morpeth in ye Co of Northd in ye Mo of Jany 1777 | ||||
| John Donkin | ||||
| Thomas Layborn of Sunderland near the Sea in the Co of Durham mason aged 48 yrs and | ||||
| upwds being sworn & Examd on the pt of the Defts Deposeth as follows | ||||
| First To the first Interry saith he doth know the Complt & the Defts and hath known them repively ever | ||||
| since the yr 1771. | ||||
| Eight To the Eight Interry saith that abt the beginning of the yr 1773 he this Depont togr wth one Lowinger Maddison | ||||
| then of Stanhope in the Co of Durham mason entered into a Contract wth the Justices of ye peace of the Co of | ||||
| Northd for the Building a Bridge across of the river Tyne at a place called Tyne Green near Hexham wch this | ||||
| Depont & the sd Lowinger Maddison undertook to compleat According to a plan offered by this Depont and | ||||
| approved of by the sd Justices for the price or sum of 5000L And this Depont and the sd Lowinger Maddison | ||||
| were also to have certain Quants of Stone wch then remd from a Bridge wch had some few yrs before been | ||||
| built across the River Tyne near Hexham and wch had been thrown down by the grt flood in the yr 1771 | ||||
| And that Accordgly he this Depont & the sd Lowinger Maddison did in the beging of ye yr 1773 begin to lay ye | ||||
| foundatns of a Bridge across the River Tyne at Tyne Green Afsd Accordg to their sd undertakg & agreemt | ||||
| & continued to carry on the same work till some time in ye beging of ye yr 1775 when he this Depont | ||||
| & the sd Lowinger Maddison being desirous to be reled from yre sd Contract & the or Justices of ye peace | ||||
| havg consented thereto it was agreed between the sd Justices & this Depont & the sd Lowinger Maddison that | ||||
| all the materials as well those wch had been worked up wth such pts of the foundations of ye same Bridge as | ||||
| was then laid as also All other materials wch had been provided by this Depont & the sd Lowinger Maddison for | ||||
| the purpose of carryg on ye sd work shod be valued & a bill of sale shod be made of all such Materials | ||||
| for the Benefit of ye sd Justices of ye peace for ye same Co: & saith that Accordgly in the latter end of the yr 1775 | ||||
| or beging of ye yr 1776 Mr John Pickernell who then was Bridge Surveyor for ye sd Co of Northld did make | ||||
| x a valuatn of all the materials the property of & belonging to this Depont & the sd Lowinger Maddison as well | ||||
| such materials as were then worked up in such pts of ye foundns of the same Bridge as were then laid by | ||||
| this Depont & the sd Lowinger Maddison as also such or Materials as had been provided by this Depont & the | ||||
| sd Lowinger Maddison for ye purpose of building ye sd Bridge & then remd to be used for that purpose | ||||
| saith that the sd John Pickernell did value the whole of such Materials at the sum of 2782L & saith that | ||||
| this Depont and the sd Lowinger Maddison not being Satisfied wth such valuatn so made of ye sd Materials | ||||
| by the sd John Pickernell as afsd & knowing that such Materials were well worth a larger sum of Money than | ||||
| exd £2782 did represent to ye sd Justices of the peace for ye sd Co of Northd% that ye sd Materials were really worth | ||||
| more money then the sd sum of 2782L. Where upon the sd justices did agree to allow he this Depont & the sd | ||||
| Lowinger Maddison the sum of £3437-1-0 in full for the whole |
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| Mr John Blackett who then was and now is the Treasurer of ye sd Co of Northd did actually pay to this | ||||
| Depont & the sd Lowinger Maddison the Sum of 937-1-0 on Accot of the same Materials wch sum of | ||||
| £937-1-togr wth the sum of 2500 before reced by this Depont & the sd Lowinger Maddison from ye sd | ||||
| Treasurer of ye sd Co in pt of ye sd Sum of 5000 so agreed to be paid to them for building the same | ||||
| Bridge as afsd made in the whole the sum of 3437-1- and this Depont Saith that previous to the receiving | ||||
| ch 15/ 1 | ||||
Note: Donkin and Layborn's Replies to Interrogatories, p 1
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Transcribed by KS and CTW