The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1878-10-05 00:00:00

COUNTY COURT.

HAWKINS V. HORTON AND SMITH, -At the
Court, on Tuesday, before Mr. Rupert Kettle,
Judge. This was an action brought by Mr.
Hawkins to recover the sum of. .228 Os Od from
Mr. Horton, builder, and Mr. Smalman Smith,
architect.—Mr. Stokes, of Dudley, appeared for
the plaintiff, and Mr. Homfray for the defence.
—Mr. Stokes at considerable length opened the
case and said after reading an able authority he
should withdraw the case against Mr. Smith and
let the case stand or fall against Mr. Horton as
the property of contract is between Mr. Hawkins
and Mr. Horton. In conclusion Mr. Stokes said
that the facts were proved and admitted on the last
occabion and it was unnecessary to go through it
again. Mr. Homfray said lie did not doubt the facts
~ut he had a very stroui; case for defence.—The
Ju :Do you admit the contract ?—Mr.
there was a bill of contract and quanti-
tiz;s. 1-1.0 did uot admit that the charge of .£2S
it 2 per cent. was reasonable. What he should
ask is Mr. Hawkins a quantity surveyor or is he a
clerk of the works, Mr. Homfray then put in a
letter in answer to an advertisement issued by Mr.
Smith for a clerk of the works. Plaintiff replied
and said he should like to be employed as clerk
of the works as he had nothing to do and he wished
to live near Birmingham. A second letter was
read where he said he was having £3 per week.—
Sinalman Smith, architect, said be resided in Stour-
bridge and had for some years. Some time ago he
was employed by Mr. F. Evers to design some
buildings. When he engaged the plaintiff it was
as clerk at the works at the School Board, but at
that time he allowed him at his office to make out
quantities as he could take them out more quickly.
He has paid him various sums on account. Some
for work done at Mr. Swindell's and for work done
for himself and he paid him for lithographing.
#e got the money from Mr. Swindell previous to
paying Hawkins and paid him 1 per cent.
Hawkins never complained to him about it. On
one occasion Hawkins was paid 2 per cent. by Mr.
Guest but never received 2 per cent. from any
other builder. Mr. Frank Evers did tell him to
take out the quantites when engaged for him.
The custom of architects is when there is no
quantity surveyor the architect take cut the
quantities -themselves or they can employ any one
else, but the architect is responsible and the per-
son who signs the document. There is only wit-
ness's name signed on the decument produced.—
His Honour intimated that he should not sit-after
four o'clock, and Mr. Stokes said the cross ex-
amination would last some hours.—The case was
adjourned for a day to be fixed.

BOARD OP GUARDIANS.--The usual weekly meet-
ing of this board was held yesterday, Mr. Billing-
ham (chairman), there were also present Messrs.
Raybonld, Haskew, Pargeter, Homer Robertson,
Burr, Parkes, Thompson, Griffiths, Wood, J. Bil-
lingham, Plant. Fiddian, Lavender, Foley, Kelly,
Eveson, Guest, Brooks, and E. B. Phillips. ex-offico.
Admitted into the house 22: born 1 ; discharged
12; dead 2; remaning in the house, 105 corre-
sponding week last year 403; Kingswinford district
£27 is Od ; Stoubridge district £lB 9s 104 Hales-
Owen district £l7 8s0d; non-resident Os id ; total £63
8s 2d; against £54 15s 7d last year. Mr. Plant
proposed is motion for reporters to be asked to at-
tend the meeting, and to exclude them from
getting information from the clerk. It was secon-
ded by Mr. Par,geter, 3 voted in favour. and 11
against. The Board re-appointed the Relieving
Officer, as enquiry officer, for one year at an increase
of salary £5 each,
HARVEST THANKSGIVING.--. 011 Sunday last the
annual harvest thanksgiving services were held in
St. Thomas's Church. The sermon in the morn-
ing was preached by the Rev. H. Sherrard, and
that in the evening by the Rev. T. Taylor, of
Reddal Hill. The church was beautifully diefeora-
ted with evergreens and flowers, and we,o crowded
In the evening.