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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 Exhibited as the pty signing ye Same saith he is well acqted wth ye Character & manner of Hand writing
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 work of ye same Materials & Accordgly
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

Abbreviations are underlined like this Wm. and the expansion may be seen by moving the cursor over it.

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Transcribed by KS and CTW