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Document 73 p 7

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
& the terms were such as the Magistrates [is] Trustees for the Public cod. agree to they ye Magistrates
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
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 the
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

Note: Replies to Interrogatories: Laybourn; Davidson (start)

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