The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1868-02-18 00:00:00

WEYMOUTH TOWN COUNCIL AND THE
NU PIKE

A special meeting of the Town Council was held on
Monday morning, to take into consideration what steps
should be taken with reference to the action brought
against the Council by the Pile Pier contractor. The
Mayor preeided, and titers were present Mimes. Milled,*
and Howard (Aldermen) G. Eliot, 3. Pothecari, 8.
Webb, Roberta, Ayles, R. Thomas, Buck, Lune, Brown,
J. Drew, A. Macon, Vertue, Boning, and Betts.
The Chairman said that the firet end ooly betainees of
this meeting was to take into comideration what step.
should he taken in the action brought against the
Council by the Pile Pier eentreetee Re minht say he
•eahl an apologias to the members of the Council for
bringing them together to-day ; but the importance of
the buainese on which they had to confer must he i's
I own apology. As the chairman of the committee
antborieed at the teat conned meeting to meet and
confer with the Mews. Williams (bankers), who were
I the real agent, in this matter, he might say they had
met them and dismissed the point at issue. The die-
ougdon was not of very long duration, but sufficiently
long for him to hero their vivre on the matter. The
result of the meeting was this, The Messrs. William.
offered the eenimittes, if they would pay sub down,
to take off £5OO. The eommittee replied that it wan •
moral impossibility for them to pay cash, so that no far
as that part of the proposition went there was an sod
of it. The Messrs. Williams then said 'lt the Council
would give good severity, they would dill deduct the
£5OO. He (the speaker) then asked what security would
be held ts satisfactory by Mr. Payne. The *sem
Williams replied, that not being solicitors they wire
not prepared to answer that question. He then pointed
out that the only security the corporation could give,
without applying elsewhere, would be to places minute
in our books, resogniaing the debt upon the general
funds. His proposition did notseem tofall intotbeir views.
He also pointed out to them that any further seeurit.
they could gine would be by mortgage, sad that coula
only be done by applying to the Lords of the Treamary,
but he thought their lordabips would never 000sext to
raising money on mortgage ter • debt that already
existed. Their practice was to give their sanction to
the raising of money for a debt to be incurred for the
Improvement of the town, but not for • debt already
incurred. The Messrs. William then said "Why not
let judgment go by default r He (the speaker) then
suggested that the matter should stand over nutil the
July Assizes ; as thia question, which had been standing
inlet for upwards of six years, could not he greatly
prejudiced by another three month's delay, nor would I
they be placed in a worse position then they were at
present. To this proposition the Moors. Williams gave
a decided negative, saying that the plaintiff, Mr. Payne,
wa. determined that the matter should come on for
trial, if possible, in March. A serious question now tame
'on for considei mien. What entree are we to adopt?
He had beard it argued, and it had been suggested to
: him that dory should hit this matter go by default, and
not incur litigation. He, however, held the opinion
, that they woild not be justified in allowing judgment
to go by default in this ease. FIG was as endow as any
individual present that this debt should be paid in an
honourable and equitable manner, but be considered
time should be given them to enter into an equitable
arrangement. 'Then ante he had been met with
argument. The Messrs. Williams said, "If you pay
Mr. Goodyear (the contractor for the Market-house)
£4OO, pay us £400." Now he bold that the proposition
w.s not a just one. They had contested Mr. Good.
lesi's daini for several year.; they had •
jog Intent registered against them some ten
month's Rini" and in accordance with the
verdict they had made so arrangement to pay
• certain amount now and the remainder at •
uncoiled period, therefore ha did not think the plaintiff
(Mr. P.yoe) had a right to say, "Place no in the mine
podium' as Mr. Ooodyesr." He did not want litigation.
He waa not one of those who wi.hed to bailor ooe
expense in litigation ; but he had grave doable even if
they reseed • resolution at this meeting to allow juds•
meat to go by deolt whether they would thereby
prevent litigation. He held the opinion it would be
the commencement of Ltigation, for they would Sod
Mr. Popes teeing the general properties with 63 500.
acid the bondliolden would swallow up the pier in •
sum of L'7,000 or CB,OOO. For his own part he would
deal with this matter IA he should deal with a private
one. He should not allow judgment to go by default.
He should take such measures as would prevent action
being taken, and in the meantime endeavour to seta.
the qmation by private negotiation. Now, if the
plaintiff, Mr. P quo, said, "Place me In the tette
position .s Mr. Goodyear," let him do as Mr. Goodyear
had done, and get his judgment. Be thought it would
be for the interesta of Mr. Payne if time were granted
them, but he found that the plaintiff's solicitors in
London were pressing, as much en to say "Let us get a
judgment at so 7 mid." He did not think they should
be treated in this fashion. But they mush sot lose/right
of the interests of the town, and he need not
my they would he doing woos, and perhaps be
liable to some legal prooeedings, if they allowed
liwiroost to 60 by default. He now loft it
with them to dismiss the question. He bad
endeavaared to correctly describe what took place
between MOW& Williams and the committee. The
wholequetion lay within &narrow compaie. Should they
allow Judgment to go by default or to defend the action
with • dew to &rive at some more oatidegeoey pa.
olonon theo now **kited. He hoped every member of
the. Council would express his opinion on the subjest,
and then he bad no doubt an equitable end expedient
deciimerionorweto,boldtvbebemat dome.
be
the
expense
to
defend
the
action ?

•Ch e airman : Our expense would be about C5O.
Mr. Alderman Milledge said, as • member of the eons.
mitt** formed at the lest meeting to imam with Meows.
Williams, he begrd t. endorse •very word repeated to
them by the Mayor. The eourtmeilm that transpired
bad been given almost to a word. B. wee not so firmly
eoevinered then as now, but the more be thosight over
the question the more he was disposed to prevent Judy
moot going by default. As public trnetess, having
charge of publie property, they ahoeld protest, es imu. se
they mold every food belonging to the Corporate body,
and it would not only be nowise but dishonest to mg.,
a jedgoonst to be got by the plaintiff in this an,. against
any Mime fond than the Pile Pier fund. In lb* time
of Mr. Dodson, he used to be here very frequently and
beard him impress his opinion swop this point. Ho (Mr.
Dodos) ualtrtook tits ciostrast, Radar Mr. Papis's
ease; but it was arrtribalue Mr. Dodsca's contract,

=Mitred tho men, matarials, As. Mr. Dodoes alwefe
the matter in this way,—ha built the pier. ead
looked to UN pier nod that only, to PO en'Y eziwenc".
"ed. An Act of Parliament wiis got te "le" --
°""ade of the aantrictor and bonds were teeted
ibb!Moose. Ha would omelude him remark. bf pro.
"Thai the Town Mork be instructed to. talcs
ross neasosary steps to defeod the action broaf.t7
Mr., Perm against the Town Council, the nun remesm g
liZeotetrely to the Pll. Pier fund, and that this t
is
to be Paid from the Pile Pier land and that alone.
Esoonded by Mr. A. Moon.
the time this Aot of
Mr. J. Pothetary said 'hut ut ---
.Paglixerb.srutawseshaurpeolielf.oar. Issi,!sadiarund the hotnowubretnotrtilteg
that Act the question em "get4ti,ri be liabl, in the
general funds of the borough !rum
reltin.o.testtheedegrb.
a ibis Conan so o oon
If thise_pee.
oplfllOfl
Clerk, and it wu recceilneee" e'reerot
t.ih, that they
were not liable in the event 'unposed. Never
a word
wee ever mentioned, nor wus it ever sup , until
faads of this borough were
rossimthr, that the rem"'
Hibbs for
elaoPeiloeispitietisr.
He remembered
subjeat, but no 5(101 had the slightest hesitation in be.
Having that all the responsibility attached to this pier
y 3141 the idnimunsne."" ion that ittoho kihp
mould rest upon the pier alone, and not on the property
of the town. He would sat them most soriondy to oon-
Oder this question • for the meeting to-day was one of
the most momentous that bad been convosed in this
ehanther. Ha did sot think it creditable on the part of
the plaintiff to drive the Town Clerk into a oorner to
get the matter settled on disadvantageous terms to the
C.orporation. In thou vote of to-day they must onerous
great judgment, or they would at ones break in upon
the only reserve they had, namely, the sztansion of our
lemon and thus other property would he swallowed up,
end thou they would hays nothing I.•ft to fall back upon.
It might be mid the debt wits a just one • bet it wee
debt inonrrood under an Lot of Parliament: Everything
trounatt I from that Act of Parliament; the contract was
taken under the Act; Mr. Colsridge's opinion taken
under It; but to be asked to submit to a judgment
going by default, was like a man swindling one out of
C5OO, and saying "Just let me have a jtvinstiot, and
then trust to my tender martian" Never was such an
absurdity propounded! Never was such logic sttempted
to be held net to Trustees of public' property. He
know the feelings of n great malty persons on this
matter, and he could toll them that this question was
looked forward to with n degree of satiety by ponons
who bad lesseholittroperty in the town. If the Council
consented to an ing but defending the action, they
would not be oing their doty. Mr. Masao had
ammoded the proposition' batfit be had not dolman he
would have seconded It himself. He hoped that all
prevent saw the great resporodbility Involved in the
subject under oonridsration this morning. If they
wanted to raise money they must go to the Treasury,
who would overhaul their proceedings, and the 001113,111
would not come out with olean hands. He agreed with
the Mayor that this would be the commencement of
unlimited litigation which would last at long as there
was allot left is the town, unless the matter woe fairly
fought out. This wss the only coarse they could adopt
with honour to themselves as trustees of the town.

Yr. J. Drew said, as • member of the committee, he
wouol erideree every word which bad (allot from the
three previous speakers. If they allowed jug [mot
to go by defeult, it would be a vote they would regret
as loss as they were members of the Weymouth

community.
Mr. R. Thomas supported the opinions of the previous
apelike's. He objected to the debt being paid out of any
other fund than the Pile Pier fund, and suagested •
public meeting of the ratepayers should be called, when
he was sure the sentiments of the Mayor would be
backed up by the voice of our fellow townsmen.
Mr. Alderman Rowan' said he had Wetted to the
remarks which bad fallen from those that had preceded
him. But he did not think they were adopting • course
which wad likely to bribe the question at issue to a
satisfactory termination. The Chairman had told them
they must meet this subject is • spirit of fiddles.,
honour, and equity, and these were the only prim:Spies
which, as long as he had been • member of the
Corporation, bad guided him. Now when certain
members were returned here by the public they new
this flag before the eyes of the public—made free tie of
thee remark., bet did not really carry out their pro-
fessions. When they came to look at this question.
there were one or two subjects on which tley wee* • I
agreed. Fir.t, it was admitted there was a contract in
ell-team That contract was prepared by our Town
Clerk, and therefore whatever Mr. Milledge or any one
else might my, the Town Clerk, as legal representative
of the town, would have taken all due cars of our
intertidal as he had aloaye done. If his idea bad been
at the tire, as Mr. Milledmi now areerted, a clause to
that effect would have been inserted in the
it would have been easy. nough to have inserted a clause
stating that the contract should only be paid from the
Pile Pier fund. But no such clause WY impeded in the
covenant. Now the contractor had done his work,
certificates had ben given, and • I.gal debt existed.
There was not a single member present but said that
the debt was owing and the contractor entitled to his
money; we do not question the debt, bet the liability to
pay it out of any other fund lut the Pile Pier fund. If
such was not the case he did not understand the nature
of the distension that had taken plate here on this
snbject. They as &corporation, said the debt was lordly
doe, the contractor did his work, we have paid interest
on the money, admitted the liability, and thy *0 Owe
£3,600. They would write out • cheque and discharge
the debt if they had the money, but they, as public
trustees, wished to defend their general tenets from
meeting that which should come from the Pile Pier fund,
He quite agreed with Mr. Potheoary when he said that
the subject of this meeting wee ono of the roost
momentous they had ever beets oonvened to oonsid« r.
The dificulty which now arose with respect to the PIT.
Pier fund might &dee in connection with the Hsrbour
and the Market-house. For how should the money be
sided if any extenetee damages oesareed to either of
these poblie works? Betiding to the late legal action
brought by Mr. Goodyear aided the Corporation, the
speaker prooeeded to draw parallel between the cases.
11r. Goodyear entered into a contract to build the
Market-house. The contract was entered into by the
Mayor and Corporation. The house wan built, and after
that thin was a claim against the Corp sration for a
law amount. This claim wis considered as altogether
!lades, or, If due, as ernessive, and the eousequenee was
that they had been fighting with Mr. Goodyear upon
ten point.-- first, that the claim was not due at all,
and, secondly, if due it was exceeeive. They had had
four years of litigation 011 these points, and the result
was that Kr. Goodyear proved root...dully that the
amount was due. The Town Clerk was present, and if
he were wrooe Mr. httegiall would contradict him.
The Clerk steted that Mr. Goodyear did not recover
one shilling. But the responsible per. y, Mr. Berry, in
msking certain deductions in exam of time broke down
when he same to give 'videos..
Mr. Reward: We came to the same point.
Tbe Clerk: He had an award of £2OO.
Mr. Howard continued. Than we had to pay Mr.
Goodyear £2OO, therefore the fight was the amount, not
the principle. He did not mean the princi pal in
refereces to the money, but the principle of the thing.
That was how Mr. Goodyear obtained his judgment.
Whom did Mr. Goodyear sue? He Hal the Mayor aad
Corporation. In that litigation why was it that the
point was not rallied as to whether our freeholds were
liable to be attacked? But this question was not nisod
either directly or indirectly. Sow let them approach
the Pile Pier. They said the debt was legally doe.
The einem:dor is seeing for an amount of money; he
cannot the the pier, that not being an individual, so he
sues the Mayor and Corporation. Now, in order that
0400411 litigation might be prevented, he advocated the
payment of the money. The Mayor and Corporation
could not pay, and he liked them, se men of business,
how was the plaintiff to eked& biz mime, Greene by
brinsinf &Wet whisk these as be bad done There
were the heads of the Gorporatiem as trustees
of the ile Pier, at the pressed sooneent, .lelek might be
handed over to the tiontrardor. In de/ma* the action
brought against them, be wished to kcow whether they
could T 66.0 the issue decir.d. Did they intend protest.
ins against the centred their predecemors had entered
Into; for if so no cootrador weld for the future b ore
any faith in a public body, for be might say, "Those
that come after Fortin office may repudiate what you
have does" He held that if their predeeemore entered
into a contrast (whether rightly or wrongly) they, as
their representatives, were bound to carry it out. The
rams rule applied to nations; for what would persons
think of &Government that turned round and repadlated
what previous Cabinets had doss. This debt being
legally due, what sort of defense were they about to
set up? Should they enter on a stoutly litigation simply
to light whether the money was due or not? He held
the matter should be dealt with as though it were of
mere private import, effecting a member of the Council.
What would they say if the man who loid had
work done by ceatrack who had paid interest
on the sum due foe yews, then tensing about
and saying " I will fight you as to whether
the amount is due or not r It would
be disirraeoful for them to set up such a
defence. He would therefore ask Mr. Milledge, before
he put ble preposition, what defame was proposed to be
raised against the adios. Was it that the debt was to
be disputed or not? As far as be was concerned, if the
debt was disputed, be would not—and he was satiated
that every honourable man in this tows would not—hack
up the Corporatioe ; and the Corporation itself would
hesitate before adopting such dishonourable conduct as
this. He was glad Ilse press were permitted to be
present to-day, and he regretted their deism* at the last
meeting ; the reason of their absence be was at • loss to
understand,* for had the Repeaters been allowed to
, remain the whole matter would have been presented
, fairly to the townspeople and he was rare the people
• would not then be food willing to back no such dia-
-1 honourable conduct as an endeavoer to repudiate • debt
that bad be.. owing for years, and on which annual
interest had been del, paid. As he said at the last
meeting, this would be • unless litigation. The
result would be the same as in the action with
Mr. Goodyear. Whore were they going to get the money
for to meet the charges iwnsequent upon defending the
action? It was no good to pat off the evil day from
time to time. The point would be raised whether the
general fund scold be held ra.pon.ihle for what should
eons out of a private fund.—Wbethee A is to pay for
, defending B was the question. He should propose, as an
amendment, "That this Corporation imosiders the
debt for which they are being sued by the contactor of
the Pilo Pier as ley due, brat that the Pile Pits fund
is the 0617 fund habte to pay the same, and that the
Town Clerk take sash legal steps as this Corporation
can do to raise money to pay the same, without
reference to the mend fiends." Then titer Town Clerk
had acted for them as though he were dealing with a
case affecting a private individual. He had takeu no
less than four Counsel's opinions on the subject, and
everyone of them was dead against the Cod on as
to their liability. The only one of thee, opinion. that
had been brought before the Council—Mr.
was also dead awaits% them on every point submitted to
him, aad it was only in the last few words that he gave
that, the slightest encouragement, and then he only
said "At the same time my advise to you is not to pay."
The neither then went through the principal points In
Mr. Cederidge's opinion, and concluded his argument by
advising the Council to pay the debt legally due to the
plaintiff in the motion against them. H. thought as
business men they should Leyte raise the Pile Pier fonds
so as to meet the expenses of the ease.

• The reran may be *aid la a 11011111 cowirrat Whew the
Pile Pier eureka came oil for dieruadoo the Reportin were
told to hen the rea....4 eery fllqout otiourreht•ln Wff-
Illetith,Alleolllllll.

The Chairman Bad effotis bad beeemade, bat ma
proved (*lures. Week after week they had advertised
a ^al Waif, on bonds, and the Clerk would tell them
with what guess&
The Town Clerk: There was only one spoilable*.
Hr. G. Eliot thought Kr. Howard bad been ihneting
a dag before their eye., and battling up argument for
the lake of knocking them down again. He did ant
think any mie prommit bad the slightest idea of repudi-
ating any debt entered into by previous corporations.
He was Med to hear some of the older members of the
Council speak of the eironmstanoss of the ass when the
warm* wee entered into. He thought they oboold bar
this in mind, se it appeared that this emstrat was
entered into between • man named Payne, the nominee
of • gentleman. • member of this Council, and the real
ticei.,ttife in this motion are the representatives of Hr.
, and be thought thee should deal with them em
they would deal with Hr. Dodson if he were alive end
here now. When Hr. Dodson entered into the c-intrect
be knew what it meat. Mr. Dodeon roust have known
that the contract was bead on an act of Perliainint,
although, as it now appeared, there was a legal question
about I. He believed he was right In baying it was
Illegal to saudgamate the funds of the borough. He
thought the Wars. Wilhelm were making improper
haste in pressing for payment, and not allowing them
time to lo dc round and oaks provision. Fie held it
would be bad policy to allow judgment to go by del null;
whatever might be best he thought that would be the
worst; he could not pretend to ray what the beet step
would be. flis opinion was that steps should be take*
to have the MN decided at ones by law, and emit would
not involve the Council in very heavy expense, he
thought it well if brought to an bane at the March
Annus
_ _ . .

—.—
Yr. Darling deprecated law expenses, and advised
that the Pile Piet fund 'tumid be augmented by
charging toll on the passengers to and from the Channel
Island&

Mr. Webb inquired what the originlal debt was.
The Clerk: £3,901 £1)00 hare been Paid.
Mr. Webb argued that they had acknowledged the
debt by paying an instalment, by paying four year.'
interest on the principal, and that in the face of that
and the adverse opinions of four eminent counsels, it
would be folly for them to defend the action brought
against them. It would only result in throwing money
sway.
Bette Inquired what grounds of defence they

would oat upi
Mr. Milledge said that mast rest with the Town
Clerk ; they should have sufficient oonfidenoe in him for
that.
Mr. Thomas thought it would be wrong to put our
grounds of defense is Om adversary's bands.
Kr. Bette repeated his cpttetlos, whereupon
The Chairman said be speed with Mr. Thomas, and
also that no profess onal man would be bound to any
line of defence. The beet opinion would be taken and ,
the moat feasible detente set up.
Mr. Brown said the Pile Pier could not pay until It !
was onspleted. He thought they were liable to pay
the money and advocated their aeoepting Messrs.
Williams' offer to take off 000, if ample security were
given.
Mr. Buck was no advocate for litigation; but if they
were bound to pat the debt they should do so in an
honourable manner.
Mr. Webh said that the Council had lost all the
actions that had been brought against them thane be
sold remember.
The Town Clerk laid that every action in which be
had been concerned for the Corporation bai been fought
sueeemdully—(hear, hear). He than explained that the
costa of Mr. Goodyear's action amounted to no more
than PLOW ; but that gentleman sued for £3,400, and
that sum must have been paid bad not the action been
defended.
Mr. Howard thought Mr. Bett's question a reasonable
one ; they should know the ground of defence ; it was
not a queetion of fact, but of liability.
Mr. Arles was analogs to avoid litigation; but should
Tote against allowing judgment going by default.
Mr. Howard called attention to the wording of his
amendment.
The Chairmen gave Mr. Howard due credit for the
cleverness in which he had worded hie amendment, tont
cautioned those prment who sympathised with the
motion not to vote for It.
The Town Clerk paid that carrying the amendment
would be tantamount to letting judgment go by
default. . .

Kr. Howard roes in reply, and recapitulated
tbe salient points made in his at speesb.
The Ohs,rman then pot the smendment, for which
voted Meows. Howard, Webb, Barling. Buck, Brown,
Venue, and Betts. For the reeolation, J. Pothecary,
Ayles, Thomas, Lace, Drew, I. Mason, O. Eliot, J.
ltilledge and J. lizard. The motion wee then decthred
carried.
The meeting then ndjourned.