Document 85, Order for Injunction to stay Proceedings on Elegit, 19 December 1787, p 1
| 188 | ||||
| Lord Chancellor | ||||
| Tuesday the 19th Day of Decer. in the 27th Year of the Reign of His Majesty | ||||
| King George the Third Between Hemry Errington Esqr Plt | ||||
| Gawen Aynsley, John Tweddell and Bacon William Westell Defts | ||||
| Upon opening of the matter this present day unto the Right Honorable the Lord High | ||||
| Chancellor of Great Britain by Mr Scott of Counsel for the Plaintiff. It was alleged that | ||||
| Articles of Agreement dated the 2d. day of June 1777 made between the Defendants (three | ||||
| of His Majestys Justices of the Peace for the County of Northumberland on behalf of the sd, | ||||
| County) of the one part and the Plaintiff of the other part The Plaintiff Agreed to build a | ||||
| Bridge a Cross the River Tyne at such place and in such manner as was mentioned in a | ||||
| Plan to the said Agreement Annexed and the Plaintiff also agreed to enter into a Bond in the | ||||
| Penalty of £9100 to the said County conditioned for Building making finishing and Compleating | ||||
| the said Bridge on or before the 25th day of March 1780 and for supporting upholding or | ||||
| rebuilding the said Bridge and repairing and keeping in repair [the?] sa[me?]* for Seven Years from | ||||
| the time of Compleating the same That the Plaintiff accordingly entered in[to?] such Bond dated | ||||
| the 2d day of June 1780 with a Condition for performance of the said Agreement that the said | ||||
| Bridge was built and finished and Certified to be Compleated by Mr Smeaton the Engineer | ||||
| employed by all parties but in March 1782 a Sudden Flood conveyed away the said Bridge That | ||||
| the Defendants have since brought an Action at Law against the Plaintiff in the Court of Kings Bench | ||||
| on the said Bond to recover the penalty thereof or else to Oblige the Plaintiff to rebuild the said Bridge | ||||
| at the great expence he was aput to in Building the said former Bridge and to uphold the same | ||||
| for the said term of Seven Years that by the Oppinion of experienced Engineers no Bridge can | ||||
| be rebuilt on the Scite of the former Bridge that can probably stand against any Similar | ||||
| the same | ||||
| Flood and therefore it is unjust to compel the Plaintiff to rebuild ⁁ as he is willing to make any | ||||
| reasonable satisfaction to the Defendants or the said County according to the Nature and Circumstances | ||||
| of the Case To be relieved Wherein and for an Injunction the Plaintiff hath established his Bill | ||||
| into this Court against the Defendants That the Defendants have Put in their Answers to the | ||||
| said Bill and thereby Admit they have brought such Action at Law against the Plaintiff That | ||||
| the Defendants have since obtained Judgment in the said Action and have thereupon issued a Writ | ||||
| of Elegit against the Moeity of the Plaintiffs Lands in the said County of Northumberland It was therefore | ||||
| Prayed that an issue may be directed to try what damage the |
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| County on whose behalf they contracted as aforesaid with the Plaintiff have sustained by | ||||
| reason of the Plaintiffs not rebuilding the said Bridge and that in the meantime all proceedings on | ||||
| the said Judgment may be stayed Whereupon and upon hearing of Mr. Maddocks and Mr. Neeham of Counsel for the | ||||
| D[efendants?] [w]hat was Alleged by the Counsel for the sd Parties His Lordship doth order that an Injunction be awarded to | ||||
| [???] Defts Proceedings on the said Judgment until the hearing of this Cause | ||||
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Transcribed by RMS and CTW