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Document 66, p 11

141 (11)
the thing, the Artist must be at liberty to alter his own Design, so as to
adapt it in the most effectual Manner to those Circumstances which
turn out, and appear: And if in doing of this he does not take an
evidently worse Method than his first Proposition, and with a
sinister Intent, that the Artist cannot be blamed though something
was to misgive that even was the Subject of such Alteration.
The Plan that is annexed to the Articles of Agreement, and to
which the Agreement refers, was made by this Deponent previous to
the Complainant entering into the said Agreement; And as Ideas of
such a Subject, could not be communicated without drawing Lines;
those Lines must be drawn somewhere; What is apparent above the
Water Line, or Surface of the Water, according to the best of this
deponent’s knowledge, and belief, was strictly made according to the
said Design; and what is below it, was done as nearly conformable
thereto, as the Nature of the Subject would admit.
In the Design now referred to, the Foundations of the two
Abutments, and of the adjoining Piers at each End, are shewn as
indeterminate, by dotted Lines: And that the Nature and Intention of
this should not be mistaken, an advertisement, or NB. is inserted upon
the face of the Draught as follows "NB. The two Abutments, and
"the two Piers next the Abutments are proposed to be piled in such
"Manner as shall appear necessary on opening the Ground." The Second
Pier from the North End, or left hand End of the Drawing, is shewn
to be a little sunk into the Bed of the River, as judging
from the Shallowness of the Water there, that it’s Base would
11 be

Note: Mr Smeaton's Replies to Interrogatories p 11

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Transcribed by CTW and RMS