Document 73 p 7
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| Ninth to the Ninth Interry saith he doth remember the flood wch. happened upon ye River | ||||
| Tyne in the Mo. of Novr. 1771 by wch. the Bridge then standg. a Cross the sd. River near Hexham was | ||||
| thrown down and he also rembrs the flood wch. hapd. upon ye same River in March 1782 & by wch ye | ||||
| Bridge built by ye Compt. was thrown down & saith that he bels. that ye flood in ye Mo. of Novr. 1771 | ||||
| was consbly. higher than the sd. flood in March 1782 & that he is induced to believe so in so much as | ||||
| the Dept did take the hight of ye sd. flood wch. hapd. in ye Mo. of Novr. 1771 from a Mark of a Tree near | ||||
| the Spittle Gate wch. Gate is situate abt. half a mile higher up the river than the place where the | ||||
| Bridge built by ye Complt stood & wch. mark this Dept was informd was made at the time of ye sd. Flood | ||||
| in Novr. 1771 & this Dept. did take the hight of ye sd.flood in March 1782 a day or two at farthest aftr. | ||||
| the hapg of ye same flood upon the same Tree whereby it appd. to this Dept. that the flood in Novr, 1771 was 18 | ||||
| esd. or 20 Ins. Higher that the flood in March 1782 & this Dept saith he did not take the hight of either of ye sd. floods at | ||||
| the place where the Bridge that the Complt built stood nor can this Dept. set forth wt. was the diffence betn. | ||||
| the respive heights of ye sd. two floods in that place Thomas Laybourn | ||||
| John Davidson of ye Town & Co. of Newcastle upon Tyne Clk of the peace for ye Co. of | ||||
| Northd. Aged 33 yrs. & upwds. beg. sworn & examd ye day & yr. & at the place above Mentd. Depn as folls | ||||
| First To the first Interry this Depts. saith that he knows the Complt & the Defts in ye Title of ye Interries | ||||
| named & hath so known the Complt for 3 yrs. & upwds. & hath so known the sd. Deft for 7 yrs. & upwds. | ||||
| Ninth To the Ninth Interry Saith that as Clk of ye peace of ye Co. of Northd. He hath had an opportunity of | ||||
| + beg privy to every public proposal for an Accomodn. betn. the Complt & the Defts And Saith that at ye | ||||
| Genl Quar Sessions of ye peace held at Hexham in & for ye sd. Co. of Northd. the 17th & 18th days of July 1782 | ||||
| this Dept. was sent for on ye last of these two days from the office where the business of ye Sessions was | ||||
| Transacting to the room where the Justices of the peace for the sd. Co. of Northd were assembled where this | ||||
| Dept saw the sd. Complt & was then informd by the Deft Gawen Aynsley in the presence of ye sd. | ||||
| Complt & the or Justices that the sd. Complt (on his applicn. being refused for releasg him from ye | ||||
| Contract he had entered for rebuildg. Hexm. Bridge on ye Terms he proposed) had sd. he wd. apply | ||||
| to parliamt. for that purpose & upon the Grounds that a parmanent Bridge could not be built | ||||
| and that they the Justices had Agreed that if a parmanent Bridge cd. not be built & if Complt | ||||
| before he applied wd. lay before the Bench the terms on wch. he wished to be relieved from ye Contract | ||||
| as | ||||
| & the terms were such as the Magistrates |
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| wd. not oppose the sd. Complt in such Applicn. & thereupon Ra Herron Esq. the Law Agent of the | ||||
| Complt was called in and informd of wt. had passed & it was then agreed by the Complt | ||||
| that before such applicn. was made to parliamt. the terms shod. be laid before the Bench | ||||
| & that such terms shod. be laid before the Bench at the then next Michs. Sessions it being | ||||
| hinted either by the Complt or the sd. Ra Herron Esqr. that if it was delayed till Christmas Sessions | ||||
| the Magistrates wd. not have time for duly considerg. those terms before ye time wd expire | ||||
| for receiving petitions for private Bills & it was also then Mentd. that in Case a parmanent | ||||
| Bridge cod not be built & the terms wch were to be laid before the Bench at the then next Sessions | ||||
| were agreed to that Mr Kenyon on behalf of the Co. of Nothd. & Mr Wallace on behalf of the Complt | ||||
| shod settle the Draft. of ye intended Bill & that this Dept. & the sd. Mr Herron shod. commune togr. | ||||
| abt. framing the same Saith that no terms beg. laid before the Magistrates either at the sd. then | ||||
| next Michs. Sessions or at the Xmas Sessions followg this Dept reced orders to retain Counsil to | ||||
| oppose the Complt (in case of his Applin. to parliamt. witht. any previous Concurrence of ye | ||||
| Magistrates) & wch. applicn. (witht. such previous Concurrence or any Communicn. to them as | ||||
| was | ||||
| a Body ⁁ (as this Dept. bels.) made but this Dept. saith he hath since heard that the reasons | ||||
| why such terms were not laid before the Bench was owing to the Ill state of Mr Wallace | ||||
| the Complts Counsils Health & this Dept. furr Saith that the Complt at Michs Sessions held | ||||
| at Alnwick in ye sd. Co: the 8th Octr. 1783 did propose to ye Magistrates there pressent |
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| through | ||||
| ⁁ Mr John Donkin his Seward & the sd. Mr Herron) to pay such sum of Money into the C[ourt?] | ||||
| as by an Estimate then belivd. wd. be sufft. to reconstruct the sd Bridge but Robt. M[ilne] | ||||
| Esqr. an Eminent Engineer beg. then present & advised wth. ye sd. Mr Donkin & Mr Herron | ||||
| + were by his dirons informd that though the psons who had made the estimate then | ||||
| produced might be very good workmen in their way yet they were not competent | ||||
| in his Idea to make such an Estimate but that Mr Errington shod. procure or prevail | ||||
| upon Mr Smeaton the Engineer (employed by him in the Constructn. of ye Bridge) | ||||
| to come down and make the same that if he came down to make such Estimate it was | ||||
| requested to be delivd to this Dept. Six Weeks previous to the then next Sessions Saith | ||||
| that abot ye latter end of Decr then followg. he this Depont. reced from ye sd. Mr Herron | ||||
| an Estimate made by the sd. Mr Smeaton of the suppd. Repr. Of Hexm. Bridge with a | ||||
| fo 44 Lrs of Report from ye sd. Mr Smeaton to the Complt & a Lre Of proposal* from ye Complt | ||||
| 3 |
Note: Replies to Interrogatories: Laybourn; Davidson (start)
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