The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1869-01-19 00:00:00

WEYMOUTH.

Counrr COURT, T. E. P. Lamy,
Rig., Jodie. The burrito; at this wart wan more than
ordinarily heavy ; but this arose not edema from the
number of plaints, of which there ..r5 4, and 21 judg-
ment summonses, as from the number of disputed cases.
G. Andrews, Req., the registrar, Ant disposed of the
undisputed oases.
Trusting Married Woviat.--lo two eases brought by
Mr. Ransil, draper, of Portland, against quarrymen,
defendant* did not appear. His Honour said it was
absolutely necessary that in sues of thir sort, there
should be some evidence that the summonses had been
brought to the knowledge of the husband, for it might
be that, hoeing ciontraeted the debt unknown to the
husband, the wife had a direct interest in keepine it from
knowledge. The hearing was therefore adjourned
till next court.

Shares in a Vessel. —Kerridge • Poletr.—Plaintiff is
the keeper of the Globe Inn, and defendant Captain of
the vowel Fedor, and the cdalm was for 1.7 2a. 72. goods
delivered for the ship by the captein'a orders, and
£74 175. sd. for earnings from the yawl, of which
plaintiff had owned one-fourth, and the ceptain three.
fourths. —The captain said that be bad given credit in
ha amount of the vessel's earninp for £33, freight due
from the trustees of Mr. Christopeer Bement, which be
had not actually received as there was a bill of
1:51 6s. °id. owing to them for repairs done to the ship.
Mr. Kerridge said that this bill wee out of date ; but
Yr. Fowler replied that it was due in justice, and be
meant to pay. He bad stood the brunt of a good many
losses with the vessel—The judge asked Mr. Kerridge
if be was willing to receive El, on being shown the
violet for Mr. Beasant's bill? Mr. Kerridge assented;
he only wanted the statements of account. It appeared
that so little profit was made by the vessel that Mr.
Kerridge had given away his share. Adjournd for Me.
Fowler to mettle Mr. Beasant's bill, and to pay Mr.
Kerridge £4. The parties, on the suggestion, of His
Honour. agreed to divide the costa
Goods by Railway.—Tbe Great Water), Railway
Company claimed 12 15s. 2d. for conveyance of goods
for .i.ea Brown.—Defendant has recently come from
Plymouth to Beth-street, and sought to escape payment
for the carriage of her furniture by the assertion that
they bed been broken in the transit —Mr. Reynolds,
station master, said they were delivered sound at her
house. The railway servants bad been induced to let
them go without previous payment by a trick of a
person named Smith.— The judge said that, even if the
goods had been broken, defendant could not bring that
as • eetoff. Breakage was denied by Mr. Reynolds, and
his Honour continued that, even U defendant had any
claim against the company for damage she must take
out • separate summons.—Judgment Be, • month.
A Builder's Itrtras.-11r. Wilisaisu, builder, of Wey-
mouth, sued Mr. J. 0. Carter, draper, for £4 3e. bed.
for laying down drainpipes to some houses, and for •
junction to ecausect with a vault emrdeLig • cesspool,
eta —Mr. Howard WU for plaintiff, and Mr. Timid for
defendant. —The sass occupied an immense length of
time. but the simple question was whether the whole
work was to be done for LI 141., under • contract for
that amount between the partite., or whether the
eeetrad was for ES 10s. and deatiff entitled to charge
El 134. bid. for extrea—A sewer had been laid down
by the Local Board of Health in &thee:cat, and the
owners of bosses wars to emend their drains with it.
Among them was Mr. Carter, who had two houses
there, who according to plaintiff's statement asked him
the cost of carrying • drain through the peerage, and
taking cif the water from • vault He advised him to
bays it emptied and filled up, but this he declined.
Witness then paced it out and said he would lay
the drain for 1.12 10.., be also mired how the
surface water would he taken off from the yard.—Mr.
Carter replied it woald go into the yard; but withers
advised him to have a junction, and also to dean out
the esespool, and suggested se elbow being aided to
the drain, and Mr. Carter said he bad better do these
this's and make • good job. Witness was shoes-
encimined mom other oration respecting some draining
be had done for the late Mr. Chatter, from th• price of
which he had abated £2, but be said Mr. Chalker never
found fault with the price. and be only took it off to
settle with the son. In this cue the bend was pet to
join on to the vault, and he charged for it because he
was only bound by his contract to carry it to,
bat not Into the veldt. The cement and mortar be had
charged for were all for the extra work. Mr. G. R.
Crickmay, examined by Mr. Howard, said he wax an
architect and surveyor, bad carried off a prise of 800
guineas ie a competition at Hastings„ and had impede.
tended some of the largest
_bitildinp in this town. He
considered Mr. Williams's @barges fair. —crow
'remised: Had known Wilder' lose mosey on their
sentraeta but awayo endeavoured to keep them to
their 00•11111061. He allowed 4e 64. a day for a mopes
and 34. for • labourer. (Mr. Wildlisins hod tharpd tis. 34.
for himself and man). Mr. Carter, defendant, said
plaintiff when he spoke to bun sheet the work wanted
164, but he said Mr. Joßiffe would dolt for la •
foot, and he agreed to take SS 64. for erne boom, and 84.
for the other. No extras were to be charged for, and
he wished to pay ready mousy' the work was done in
July, but plaintiff did net send the bill till Christmas,
wbeo he refused to pay the oharp, but said if there
were any extras such as emptying the cesspool, he was
to send in • bill. Mr. Williams threatened to put him
In the County Court, and rather than that be offered,
without prejudice £3 to settle the bilL—Mr. Joints,
builder, said he would have been glad to dolt for Is.
• foot, and it was about 60 feet. The bend and elbow
would be measured with the pipe; but this estimate did
not include the cesspool. Judgment for plaintiff.
Can an obstruction be antadoecil—Gooier v. Purity was
• claim for damage to • cart.—A greeogrocier's cart was
standing in Wealeyetreet, and • cabdriver drove against
It and broke the shafte—Foney said that the cart was
left there, and be could not help the accident.—His
Honour said that, even if a vehicle were improperly
left in the way, • man had no right to drive over it and
smash it. Defendant must pay.
Bankrupt —Willies' Bryant, tea merchant of Upwey,
same up for examination. Hia debts were £242 Ile,
assets only some book debts, of which the value is
unknown.—Bankrupt attributed his failure to Mud-
fidency of capital and bed debt..—He was supported by
Mr. Day, of Bridport, and was unopposed; but Mr.
Moors, appeared on behalf of • person whom bankrupt
considered was in partnenhip with him. It was,
however, only an experimental partnership verbally
made and verbally dissolved, as the business did not
pg.—Bankrupt passed.
- Boeotian PITTY Seamoge, Monday. Before the
Mayor (J. lizard, Esq.), and J. Ayling, Req.
Alfred Keynes, baker, of Meloombe w
oluirged by Mr. Thomas Hann, baker and confectioner,
toner,
with anibesaling several sums of money which he had
received on meows of his employer.—Mr. Mann stated
that b• did not wish to press the charge against defen-
dant, as he was • hardworking man, and with the
permission of the Bench, be would withdraw the
charge. —The Mayor said Mr. Hann had put the law in
motion, and it must take its course—Mr. been said
defendant had been employed for him about two years
as • baker, and lie was authorised to receive money.
About eight or nine months ago he suspected him of
dialoged,. There were 40 hal:vim-tern loaves put
down to Mrs. Tits, and only 5.. wee paid by prisoner;
but Mn. Tile had paid the whole, awl about • week ago
it was discovered, and prisoner had since admitted the
charge.—The ss. was paid voluntarily on Dec. 30, by
yaiaoast.—llatoaaded till out day.

PORTLAND.
.
he Cemit. —AI the Wl7lllotlth CuWM'
Court, on Saturday lent, the followiog cams, of iftteter4
to our Portland readers, were heard before T. r.. P.
L.I ro v, KN.. judge.
Lurid streomels.—Dampier r Ole.—The partial are
bricklayers, of Portland, who enteral into a joint
contract, and kl 14a 11d. was elaimril for expenditure
by one pirtner on account of the two.-11r. Howard,
for drfeudant, asserted that he had eapended more on
the joint account than the plaintiff. The pattiss had
agreed to du the work on twelve oottages for Mr. Brown,
and a queation crone respecting various payments made
on the partenership account; but plaintiff mold not
swear whether he had pald them or Oale, but contended
that, bows.. f that was, they were paid out of the
contract money.-11r. Brown etplainCil that the two
entered into &contract for building and were maid in
accordsnee with the tiontract, and Gale took a job of
slating at &certain 01101, and Dampier claimed that be
had paid • man to do Gale'm work . Mr. Howard said
they had a witness to prove that Gale paid him.—
Plaintiff, on being called on to Rite accurate particulars
about the payment, said, "We had the money on a
table, and shored it over; sometimes MI6 paid and some.
times the other; but I paid the la 14.. myself." His
Honour held that plaintiff had not proved hie claim,
and gave judgment for defendant.
The lie direct--Morris v. Baysilass, was an action by
a shoemoker of the Grove, Portland. sgainst a guard at
the Convict prison for goods gold and money lant.—Mr.
George was for the plaintiff. The parties contradicted
each other no flatly that his Honour said it Ism of very
great importance to a man in the position of defendant,
to lave hie statement substantiated or dot, and be
adjourned the case till neat court.
Fixtures in a Amuse a AL—Gray v. Slone au also
adjourned, lt waia claim for a counter, shelves, beer
horsing, ken put into the Saw Bill Tavern, Port'and,
while plaintiff was tenant, but which defendant, having
bought the house, had taken possession of.—Mr.
Howard was for ND. IGray, and Mr. Tixted for Mr.
Stone—Question of coot. reserved.
. _ _ .

The Pjrcland &one Trade. —Robert Pearce, quarry.
men, Portland, claimed of Mr. BariAutumn', Comdex,
stone merchant, 1:49 for work at the Independent
quarry.—Mr. Howard for plantiff, and Mr. Arden for
defendant. —Mr. Howard explained that the men go on
certain lands, clear the rubble and square the stone for
the meridian* and are paid at so much per ton. Mr.
Pearce was the manager of a oompany of men who had
been working for the Messrs. Comben, and when they
dissolved partnership he worked for Mr. Bartholomew
Comben. While trade was brisk there was no difficulty
about getting their money ; but when trade became
slaek they asked specially if they should go OD working
to which Mr. Coruben replied" Yes ;" but after • time
told them to math. This was wh le they were
in the middle of • task ; hat they stooped as
soon as they had completed the teak ; but
mold not get the 149 due for "making" the stone.
Mr. Arden said that the defendant only ownsel one-24th
and one-27th of this quarry, he had not had the stone,
and the plaintiff bad also gone on working against his
express orders.—Plaintiff deposed to the facts stated by
Mr. Howard, and mid Mr. Comben disputed their
work before. They had 10e. • ton for block atone and
2s. 61. for roech.—Mr. Arden said defendant had
nothing to do with the quarry, which belonged to •
number of proprietors. He was merely the merehant
who bought the stone, and he denied having employed
the defendant to do the work. Defendant, however,
was unable to be present, as he suffered severely from
gout —Defendant's daughter wait called to prove this;
but said her father WU able to get up into the sitting.
room. Another witness deposed that Mr. Comben had
been out of doors that morning, and although the
daughter said that Mr. Comben laboured under •
complication of diseases, which would muse hia death if
he came to the court, his Hama said the defendant's
ewe could not go without him To permit of his absence
some medical man mast come there and swear that it
would be dangerous to his life if he came to court. It
would be very oonvenieet to many defendants, if
they stay away, and escape orossexamination.—
Mr. Arden said • notice had been served by other
members of the family and other owners of the quarry
that he was not to work it, and if Mr. Comben
employed him, the others would come on him,
for the money.—His Honour said Use question
ass did Mr. Comben employ Pearce. If be did
it mattered not that other perilous said " Touch that
stolie at your peril." If • man employed another to
cut down trees on lands where he had no right, and he
did so, he presumed the workman was entitled to be
paid for Ibis labour, though he committed • treepaes
It further appeared that the stone claimed for was
awed in July and August, while the notice spoken was
dated in September, and His Houma said the cum
would be adjourned at the defendant's expense. —Mr.
Ardeu said if the coats were against him, he mild not
°ottani to t.,e iiiijournoneot ; bat His Honour said that,
iii that wee, he would givsjudgmout against WIC. If a man
could walk out a doors he saw no DUIDOLI why he should
not get into a carriage and some to the court—The
qutetion of meta was, however, allowed to stand wen
Not Paying the Naree.—Mr. George made an applica-
tion for • iiew trial in the case of Lawler v. Walker,
which went by default last court day.—Walker donated
that he missed the train; but Mrs. Lander said that be
was in court at the time ; but would not answer.—The
Judge said hemight have been there, and betides it was
a monatrous case. Defendant had hart a man and
refused to pay the woman he had hired to nurse
—Application rejected, with east&