Northern Times.
Liverpool, Merseyside, England, 1857-12-18 00:00:00

BEFORE J. K. BLAIR, ESQ., JUDGE.

HARTING'S V. BUCIDIAEITEIL—IN 51g3IORIAM OF THE
TURNER AND MACKENZIE ELECTION OF 1852 —This was an
action brought by Me. John Hsstings, cf Lord-street,
saddler, to recover £2O from Mr. Buckmaster, well known
in Liverpool as the secretary of the Censtitutional Associ-
ation. Mr. Paterson appeared for the plaintiff, and Me.
Bremner for the defendant. The plaintiff stated that on
the 4th of July, 1852, Mr. Buckmaster called upon him
and requested him to make a number of leather straps
and sockets. Plaintiff had never seen Mr. Buckmaster
before, and, therefore, would not at first make the articles
on his order. Mr. Buckmaster called three times, and
the thir I time brought with him a gentleman name)
Jones, whom plaintiff knew, to introduce him. Plaintiff
then agreed to make the articlee, and Mr. Buckmaster
gave him his address in writing, The goods were delivered
on the sth of July, 1852. They consisted of one
hundred leather belts, with straps and sockets, at 4s
each, which was the price agreed on, amounting in all
to £2O. Plaintiff sent in his account every half
year since to Mr. Buckmaster, and frequently saw
him and asked him for the ameunt, but the defendant
always pet him off, and the amount was still unpaid.
Cross examined by Mr. Bremner : I did not get tha order
in writing. I knew what the articles were for; they were
belts to go round the shoulders of men, with sockets and
straps to carry flag-staves. It was explained to me at the
time what they were intended for. Mr. Bremner : Well,
1852 is a long time ago, and you may therefore tell us
now what they were for. His Honour: They were for
carrying flags at an election. I suppose? The plaintiff :
Yes, sir. They were for carrying flags in a procession at
Mackenzie and Turner's election in 1852. Mr. Bremner :
You have been a public man in St. Peter's Ward for many
years, and yet you ray upon reflection, that you never
knew Mr. Buckmaster, or heard his name before July,
1852 ? Plaintiff: I do. I have no doubt that I was
given to understand at the time that the flags were to be
carried in Mackenzie and Turner's procession. I did not
know that Mr. Buckmaster was acting as secretary of that
election committee. I never tent any bill for. theEe
goods debited to the committee of Mackenzie and
Turner's election. I never sent any account de-
bited to the Constitutional Association. The words
" Constitutional Association." are entered in my book in
one place, bat only to guide ms in directing to Mr.
Buckmaster. Mr. Bremner submitte las a proposition if
law, whether an agent, manifestly acting as an agent, was
liable for any order given by him for his principles. whoeo
names are known and published. His Honour: Accord-
ing to his evidence, if unshaken, there is no doubt that
Mr. Buckmaster ordered the things in his own name, gave
his own name for them, and did not say anything about
the Constitutional Association at all. If that is se, Mr.
Backmaster is prima facie liable. There can be no doubt
upon that point at all. Mr. Bremner : Except that the
plaintiff knew there was going to be an election, and there
was also to be a procession, and know that the goods were
being ordered to be used in the procession. It must have
been patent to his mind, that Mr. Buckmaster could not
have been ordering the goods for himself. His Honour
did not think the plaintiff was suppose I to know all the
private arrangements between Mr. Buckmeeter and the
persona connected with the azsociaticn. Mr. Bremner
offered, if it would assist the case, to put Mr. Buckmaster
into the box, to prove that he was then acting as secretary
to the committee, on whoSe behalf he had expended he
(Mr. Buckmaster) was afraid to say how much money.
His Honour did not think that would relieve him from
liability, unless it could be proved that he had informed
the plaintiff, it was in that capacity he ordered the articles.
A ye diet was given for the plaintiff accordingly.