The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1881-05-31 00:00:00

P aRTLAND.

THREATOICT) DROUGHT. —lninr.; to the continued
withholding of the rain. the water springs in the
island are getting very low.
H. 51.74. itsC.*LIS.-I.ieutenants the Hon. Hugh
Terrett an I Clan is G. Gritnav have been appointed to
the Hercules for 'rummer cruise.
Atart.,NlC. —On Thuts lay last R. D. Thornton, Pam.,
banker, setii..r warden, war chosen W.M. of the Port-
land Lo i.. succession to the prewnt Worshipful
Muter. Supt S. A. Vickery, of Weyninath.
DISHONEST PIIRSON6 are still about at Csstletown.
On tiatair.lay some cl Ahem Mang out in the backyard
at Mr. Cox 'e were stolm, and it is supposed by some
that entry of th i house was attempted, as th latch of
the back door was found doubled up.
EnucatioN.--Sg. tigosaaela CHURcH ScHOM..- -We
are phi ate,' t ',Ace that 'he parish school keens no
it. reputation for efficlent diatruction. Her Majesty'm
Inspector a Annual Report for the prevent yta- is as
follows :—Toe school is in an efficient state, and has
purled • moat sal itf ictory ex..mination."
THE coas,guard fleet are It have their annual refit
comulete by the commencement of Jun.. Kn.' will
rend. mut. off Portland about the middle of the month,
the Duk., of na Admiral Auperintentlant
the Naval Preaerves, hoi.ti,g his fl on board the
Hercoles. The contemp'ate I visit to the Baltic is
liable t • alter&
—We are happy to note th it the
mackerel fl-lug is pr 'c e ling on the whole well.
Occasionally there is a laratc itch of ....snot thonsintla,
arol the de ..t:h ..f the ti-h carmen sudden and great
activity at the railway station. Our fidierneen .hould
rave in the time of pr .sperity f. r the wants which are
sure to come.
SALVAGV. AT VIC ROTAL Amu mpg Witigg.—Last
Mmolav in ..nine the 'City of York" recommenced
.11vb.g from the Poval Adelaide wr e.,k in the West
Ilac. One of the anchors had been recovered;
amid another waa nearly secured, when the stmunet'a
mainmas: was carried away, owtng to the south•
eset.•rly ivied and heavy sea The "City of Yerk"
had to put hack to W. ynpoith and refit.
PRINCIPAL WARIOR KIT. N broke his leg a few iapt
ago in the qua-ries, when going honie in the r %tannic.
After lying there en e time, he was found by two
young in ea and take't abut half-pat eleeim.
Or. Askham happen.' to be up at the time, and
attended him immediately. Mr. Kitson in noe, pro-
gressing ; bat owing to his age, about 60, it will be a
long time fief we he is able to go:shut scale.
ON 116 K NIA.IrsiTY'S liInTHII .T. flags were hooted
at Portland Carole, the Verne Citadel. tanfhieket
eittlatoom, an I princinal hotels. At n on H.M-9.
Binicawen'fized a royal salute of 21 guns; the ship
having been dresssci in" rainbow" fa..hion with abnnd-
ant coloured H ge. The 14th re. 3 neat par.uled at the
Verne, also tho of Royal Attillem y, and
th- regiment fire • far de joie, of which the two la-t
volleys were well together; the band plated "(1..d
Rev* the Queen," and three cheers were riven fo- Her
Majesty, and W 0,43 heard down in Fortune's-Well.
The troops were under the command of Coliiael Barry
Drew, (1.11.._ who wan mounted on the white horse
whiclicorried him through the Afghan war, and 04
which be was must shot.
THE 14,14 P. W.o.—Up to 1871. when the Prince of
v'sited In lilt, this regiment bid the simple title
of the 110 (Buttkingham•hire) regiment. During
'he
Visit of H.R.H. he Presented new colotirs to the
regiment. which WM at that time divi led and lying st
Imcknow and B-naree. The Benares division was
brought down to Lucknow at • few hours' notice, and
the ceremony of prootntation performed by the Prince
of Walee, the regiment also receiving the fresh title of
"The Prince of Wales's Own."—Cauttin Hobert W.
Richardson retires on half-pay. Sc nil Lieutenant
Charles Henry Clemente, from the 45th font, has been
appointed 2nd lieutenant in the 14th, vies A. J. H.
Murray, resigned.

Tun FATAL 800 AOOMIXT.— There has been no
news yet of the bodies of the two poor fellows who
were lout last week, but a cap belonging to White, and
one of the b edc-ts from the boat were on Friday picked
Upby a lad named Edward White. It was reported in
the town that the main sheet was found belayed, but
this was not so; the mainsail was close reefed, and it
is believed she was overact in the squally weather, by
a " ely " sea breaking on her, when not far from
Blackn..r Point.
Itoael. Vlorr TO THI PNISoN S•ra THIS VieNr..—
EXCITING EVIINTe AT SIDNOUTII.—On cunday last it
Was to Wei to the esteemed Govereor, G. Clifton,
P:81•, that their Royal Ilij,hremees the Duke and
Duchess of Eilinburgit would vidt the Prison ; cone.-
quently a look-out was kept for the steaming in of
the Royal yacht Lively, and she was seen to round
St. Allan's Heal soon after 2 p.m., •nd at 4.10 his
Royal Higlines., wecompaLied by the Duchess, and
ettende,l by 1...ty Hemet (liiinston, Commaeder C.
I. St. were, an I Aseisi a t•Pay ma.ter H. 11. Rick a. d.
Big i 11. ,i., laeded, and at once drove off in a carriage
and lode provided by Mr. Smith, 4.f Weymouth, to
the Prison, where th-y wet,. received by G. Clifton,
Keg. (Governor). Capt. Johnston, B.A. (Der.uty-
Governor), H. F. A.kbam. Erg. (Medical Officer).
, Identenent-Uoloto I Dixon and Captain EValle, t.N.,
I 11.:11,d. B .scawen, also accompanied the Bored oarty
lover the Prison and the beautiful church of St. Peter,
built through the itistrumentality of the Rev. A.
Hill, late chaplain, and by convict. only. From the
1 church a walk was taken thr .ugh the works to the
Verne Cite lel, to which Lieutenant-Cl mei Dixon
had the diatingoished houour of conducting the Royal
visitors. At the Citadel they were reoeived by Colour'
Barry Drew, C. 8.„ commanding the 14th Regiment.
After a short stay, they returned to the Delalt at tre
Breakwater, where the steam launch was in wall mg
to convey thm3 to the yacht. Not more than asc Ire
of persons were there a: the time of embarking;
but in return to the salutations of these the
Duke bowed, and HI H. the Duchess waved
her handkerchief, when the Duke lifted hie hat. The
Lively left Portland at five o'oclock on Monday for
Si Imouth, when the Duke and- Duchess had a rough
reception from the waves, and a casual y on laud.
They were shout to go on eh Dre in the steam laun.d.,
hut when nearing the land, a heavy roller caught the
launch bringing bar broads el° to the waves, which
t °seal them aeont, and they were obliged t . bead the
launch to sea. The lifeboat went off, and the local
secretary of the Lifeboat Inatitution was on board,
but was lurched not of the boat Int. the sea. Two of
the lifeboat crew rescued him, after jumping out of
the boat; but when the lifeboat grounded on the
beach • heavy sea struck the stern, and sent showers
of spray over every one. Both parties landed, std the
Duke inspected the coastguard station, end proceeded
In a carriage to Exmouth ,• but. the pole of thecarriege
br .ke, and the journey had to be completed on foot.
GIBBS s. Pitaace.—ln this ca.* the Judge (Mr.
Serjearat Tindal Atkinson) der d the foil 'wire
judgment on Thursday Met :—This action is brought
to recover the anon of 4:43 16.. 6.1. due upon a dis-
honoured bill of exchange. The feces as proved at the
hearing of the case were that one Benjamin Scriven
carried on in the Island of Portland among several
other businesses tha• of a coal merchant, an I that in
the month of July, 1879, the defendant Pearce entered
into partnerehip with Scriven in the, budni as, only the
title of the firm which was generally known through-
out the island was that of Scriven and Pearce."
Shortly after the commencement ot the partnership—
namely, on the 21st of July, 1870—Scriven obtained
from plaintiff, for pup wee not connected with the
p.rtnership, a quantity of timber, amonnting to
£3l lls. 31., for which be grave an acceptance ia the
name .1 Benjamin Scriven''njun. In 0 tober of the
same year, and while the bill was running, Scriven
give ether nydere for timber to the pl.intiff, extending
from October, 1879, to August, 1880 rids timber
was like that obtained previously by Scriven, applied
by him ia the erecti in of • cal shed or stack in
which the defendant Pearce bad no interest, nor was
it inten led, nor did it form any part of the partnership
propirty For this timber so supoilied the plaintiff on
the 26 • h Novemb •r, 1881. at the instance of Scriven, and
without the knowlere ..f the defendant, drew the rill
of exchange, the subject of the present action. noon the
firm, describing it as "Scriven and C 0.," c'criven
eccetting it in the name of Benjamin Scriven, Jun.,
and Co. Pearce had no knowledge from first to laet
of the transaction. He had given inn authority for
the purchase of the timber or the iigaing the accept-
sec • by -crieen. and on its being first brought to his
kn ',sledge repudiated it on the ground that it was a
private debt of Scriven with which the partner.hip
had wahine to rio. It was c Intended at the time time
by Mr. Howard. the *elicitor for the defendan., that
in the Owen.ce of evidence to the contrary a partner
Las no authority to use for partnership purp tier any
other name than that of the known and recognieed
title .4 the firm,
and for thi. he cited the case of Kirk
e. Blurton, if, Maisano and Wel/kW+ Reporte, p. 284.
There two pumas traded under one name—namely,
the. of John Blnaton. (he ..1 them was held not
Bible on a bill drawn and endorsed by other in the
name of "John Blurton and Co." It is remarked
with referent* to this case by a learned writer, who is
now on the Bench, in his valuable work "Lindley on
Partnership" :—Tbis care was decided upon the right
principle, hut most persons will probably agree with
Baron Martin in thinking that the principle was not
primer!y applied, and that it should h .ve been left
to the jury to say whether .1, he Blurton and John
and Co. do not mean the same thing. Applying
this wet to the (Acta of the present ruse it is
manifest that Benjamin Scriveo, jun., and Ca.., c.nnot
by any progress of reasoning be made the came thine
as Scriven and Pearce. It is settled law that in the
absence of evidence to the contrary a partner hie no
authority to use for partnership purpo.es any other
name than the name of the firm (lia.nbro r. Hull and
Lond.in Fire Insuranc• Company, 3, Llurlstone and
Norman's Reports, 788), and if he does and there le
any substantial variation which mann it be shown to
be authorised by his co-partner, the firm will not he
liable. If, however, there is no substantial variation
the firm w.ll be bound. (Lindley on Partnership, 3471.
Here no authority is shown t a have been given by the
defendant to Scriven to use in the partnership
dealings any other name than that of Scriven and
Pearce, and no ratification or even knowledge of the
transaction has been brought home to him. "It is the
law of this country, and it has always been the law of
this coontary." as wan forcibly observed by Lord
.Teetioe James in Mile.' case, Law Reports, 9, Chance. y
635, " that no one is liable upon • bid of exchange
unbent his name (1.• the name of some partner-ship or
body of nem inc of e hich he is 0110 appears either on
the face or bask of .he bill." It is clear to my mind
that the defendant's nem t in thin case is neither
exprissolv nor by reasonable implication noon the face
of this bill, wet there must, th Indere, be a verdict
in his favour. Verdict for defendant, with costs.