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Document 54, p 5

informed Mr Heron that he the Clerk of the peace woud the next Day
give Mr Heron the final Resolution of the Justices in Writing- and
accordingly in the Evening of the next day Mr Heron received the following
Letter from the Clerk of the peace*
"Dear Sir"
"As you was under the necessity of Leaving Morpeth before"
"the Magistrates assembled there for the Christmas Sessions had"
"Come to any Resolution, touching Mr Errington’s proposal"
"grounded on Mr Smeaton’s estimate of the Supposed Repair of"
"Hexham Bridge I beg to acquaint you, that the same was this"
"Morning, taken into consideration, and after a very full candid"
"and free Discussion of the Subject in all points of View the"
"Bench which was very numerous were unanimously of Opinion"
"that they could not accept such proposal and also that they"
"could (as Trustees for the public) be only justified in calling"
"upon and if Occasion compelling Mr Errington to rebuild"
"and maintain Hexham Bridge according to the terms of his"
"Contract with the County of Northumberland."
"I shall by to morrow’s post acquaint Mr Errington with the"
"above Resolution of the Bench and request him to perform his"
"Contract with all proper Expedition and in the mean time I thus"
"make you as his Friend and Law Agent acquainted therewith"
"that no time may be lost in the County which his Managers"
"may make use of for furthering the completion of the Magistrates"
"Resolution and of his own Contract- I am &c"
Jno Davidson
NCastle 8 o’Clock Evg 15 Janry
so that the Justices after having put Mr Errington to the Expence of procuring
Mr Smeaton to take a Journey to Hexham to make his Estimate and after
having by the Clerk of the peace required Mr Heron to come prepared to the
Sessions with full powers to make a Compromise dismissed the Subject with
Threats of Prosecution-and these Threats were carried into Execution an
Action at Law was brought upon the Bond and Judgment obtained thereon
and executed
and an Eligit* issued against the Estates and Effects of Mr Errington which
in the Court of Chancery
obliged him to file his Bill and an Injunction was obtained-upon
hearing the Cause the before mentioned Issue was directed
The Penalty in the Bond was computed as follows £
Money to be paid to Mr Errington for the Bridge 5700
for the Road 400
for old material 3000
But the old materials were not worth anything like £3000- it was a
Computation made at Random by the then Clerk of the peaces Deputy who is
since dead with a view sufficiently to cover this value and Mr Errington did not

Note: Draft Case to the Court of Chancery, p 5

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Transcribed by CTW and TB