Sivut kuvina
PDF
ePub

Mr. Peto written orders to the same effect, a compliance therewith would amount to a forfeiture of his bond? Certainly not- ergo, a compliance with such orders from their agent, their mouth-piece, could not operate as a forfeiture.

The Common Sergeant, Mr. Rotch, and Mr. Pattison, followed on the same side.

The Attorney-General, in support of the rule, said, that, admitting, for the sake of argument, that Mr. Laing was invested with all that dispensing power which the other side alleged he had, still no defence had been made out. The argument is, that, according to the contract, Mr. Laing had power to determine in matters of doubt, and that there was a doubt respecting these piles, which warranted Mr. Laing's interference. But, Mr. Peto says himself, that he knew the piles would not answer, and that of this point he entertained no doubt; and the Jury have found that there was a stratum of gravel, into which the piles could have been driven, according to the specification. The defendant having admitted that it was only in cases of doubt that this dispensing power was given, and it having appeared on his own showing that no such doubt existed on the occasion, judgment should be entered up for the Crown.

Nov. 27. The Lord Chief Baron proceeded to give judgment. His lordship said, the great question in this case, in whatever aspect it should be viewed, was the construction of the deed. That was an instrument under seal, and by which the defendant was bound. The defendant's counsel had, therefore, been driven to argue that, by the instrument, their client had a right to act as he had done-on

that alleged right the point in the case turned. If he (the chief baron) had entertained a doubt at all, he should have been unwilling to give any opinion upon the case, without consulting his learned brethren, who were more conversant with pleading than himself. It appeared to him, however, that the learned counsel for the Crown were in the right, because there was one of the issues on which the Crown had been declared entitled to judgment on merits— those merits which applied to every part of the case, and which were, consequently, decisive of it. The question was, first, should a verdict be entered up on the issue found for his majesty by the jury, namely, that which established that there was a stratum of gravel, into which the piles might and ought, by the terms of the agreement, to have been driven? The next questions were, whether judgment upon the remaining issues ought not similarly to be entered up for the king? Independent of the arguments of the learned counsel for the Crown, he thought it might be collected from those of the other side, that, unless they could prove sufficient power in the surveyor (Mr. Laing) to order the variances referred to, their case could not be supported. It seemed to him to be sufficient for the general purposes of the cause, to consider what ought to be done respecting the first issue. In that issue the Crown said that Laing (the surveyor), or his clerk of the works, had no power or authority, by the deed, to give any directions varying or altering the piling from the description and mode pointed out in the specification. The defendant affirmed, on the contrary, that Laing, or his

[ocr errors]

clerk, had such power, and, on that, issue was joined. The Crown charged that the work was not done according to the specification. The defendant says, "True; but the variance was directed, and authorised, by your surveyor, Laing." The question then became simply, was Laing authorised, or was he not; and that led directly to the construction of the instrument. If that instrument should (as he thought it ought) be looked upon in the plain straight-forward way in which all such documents should be received, it would then be seen whether it gave to Laing the authority relied on or not. On that point, he confessed, he never entertained any doubt whatever. In that instrument, Mr. Peto entered into an engagement on his part, in consideration of a sum of 165,000l. to erect certain buildings, and to complete the several works specified in plans, and according to scales numbered from one to thirtyone. These were the obligations into which the defendant entered: but then he says, "It is true I have, by the deed, undertaken to do these things, but there are other provisos in it, which put me under the necessity of following the directions of the surveyor, whatever they might be. I was bound (as the learned counsel had ingeniously, and not too strongly, put it), if Mr. Laing had thought fit to alter the plan of the Custo: house to a plan for a church, I was bound, I say, to obey his directions, and go even to that extent." He (the lord chief baron) must admit, that, in thus arguing, the learned gentlemen had not gone too far: but how stood the facts? In the first place, it was a most marvellous circumstance that so important a power as that

here contended for, was asserted on mere parole authority, or by any other less formal mode, by which the whole scheme for the buildings in question might be altered. It was most marvellous that this power should be picked out by implication instead of having been expressly declared in the instrument. Could there be any article in a contract more important than a power to alter all the other stipulations of it? and yet, instead of its being set forth in the instrument, that extraordinary power was only picked out and maintained by argument. It became necessary here to look at the articles. (Here his lordship read the contract, and commented upon that passage in it which provided for the addition to, or the reduction of, the number of works specified at the discretion of the surveyor). Was it possible, therefore, he should ask, that it was intended a power should be given to the surveyor to vary the whole scheme, by substituting one thing for another? The sound construction of the passage necessarily was, that Laing should have the power to add to or diminish, but not to vary; and most particularly with respect to the foundation, on which the security of the whole edifice was to depend. (His lordship here referred to other clauses in the deed, declaring, as his opinion, that even by the most violent and forced construction of the instrument, it gave to the surveyor no such powers as would justify Mr. Peto in substituting other works for those expressly stipulated in it; and that, for the sum mentioned-165,000l., the defendant was bound to complete the works as specified). It appeared, therefore, to him, that upon the first

indictment was on the 52nd Geo. III. cap. 30, sec. 2, which enacts that "if, after the passing of this act, any person or persons, unlawfully, riotously, or tumultuously assembled together in disturbance of the public peace, shall unlawfully and with force demolish or pull down, or begin to demolish or pull down, any erection, and building or engine, which shall be used or employed, in carrying on or conducting any trade or manufactory of goods whatsoever, then every such demolishing or pulling down shall be adjudged to be felony without benefit of clergy."

A great number of witnesses were called; and from their testimony it appeared, that, some days previously to the 3rd of May, meetings had taken place among the poor people of Bradford who were out of employment. On the 2nd of May a hand-bill was published, announcing that a meeting would take place on the following day, to take into consideration the distressed state of the operatives. The meeting accordingly took place, on the 3rd of May, when upwards of a thousand people, armed with sticks and bludgeons, assembled together. After some speeches had been delivered, the crowd fell into a line, and proceeded in marching order marching order to Messrs. Horsfall's mill. The mill is situated at one extremity of Bradford, and it employs powerlooms, which require few hands. The proprietors had been employed for some days in putting the mill into a state of defence; and, besides arming their own men, they had procured ten of lord Grantham's yeomanry. The mob arrived at the mill about one o'clock, and poured a volley of stones at the doors and windows.

The windows were all driven in, and the mill sustained so much injury, that it became necessary for the persons within to fire. In doing so, they killed one person. Colonel Tempest and other magistrates then came up and read the Riot act. The prisoner, Holdsworth, said to colonel Tempest, "What are we to do, are we to starve?" The other prisoner Bolton was also observed to be active in throwing stones.

Mr. Baron Hullock summed up the case, and the jury retired.

At half-past twelve o'clock this morning the jury came into Court, and returned a verdict, finding Holdsworth Guilty, and Bolton Not Guilty; at the same time recommending Holdsworth to mercy. Lancaster, August 14.-Black

burn Rioters.

James Chambers, Simeon Wright, Thomas Dickinson, and Richard Entwistle, were indicted for being concerned in the late riots and destruction of machinery at Blackburn.

Mr. John Kay the constable, and Mr. Eccles, one of the proprietors of the mill, proved the general riot and the damage done to the machinery.

Mr. John Kay the constable, deposed to the activity of Chambers in the riot, and to his giving encouragement to the rest of the mob.

Mr. Robinson, clerk to the magistrates, saw Chambers in the riot waving a hammer over his head, and encouraging the mob to break the looms, and never mind the soldiers, and afterwards took from him the hammer, which was produced in court.

The rev. Richard Noble, a magistrate, saw Simeon Wright at

sufferings; he took a most exordinary antipathy to Dr. Paris, and at last almost persuaded mself that the medicines he had ken of him, had killed him; and at, in fact, he had been poisoned. here were about the deceased, casionally, some persons who emed to have been not very ckward in encouraging the anger › had conceived against Miss auden, on account of her having commended him to avail himself doctor Parsons's assistance. Mr. igurs, another medical gentlean, stated in his evidence, that le medicines were calculated to ave a good effect on the deceased's omplaint; but had not, in fact, had fair trial. However, under some momentary anger, probably, the vill of January 1821 was written, out it was discovered, afterwards, cancelled by the deceased. That cancellation was quite consistent with the affectionate declarations ne on several subsequent occasions made of his unabated attachment to "his beloved Miss Bauden;" with his inquiries of her at other times, whether the will of August 1807 was in existence, and his satisfaction at learning that it was; with his declarations in the presence of servants and others, of his intending to leave Miss Bauden as well off as ever she had been with him; with various acts and expressions, clearly proving his own reference to, and cognizance of the existence and the effect of that will, to the latest term, almost of his own life—with the cancellation of other subsequent papers, as unfavourable to Miss Bauden, as that of January 1821; and with his repeated manifestations, to the last, of his regard for her. Such being the construction, the learned judge added, which he felt himself VOL. LXVIII,

bound to put on the circumstances of this case, and on the intentions of the testator; he pronounced for the validity of the uncancelled will of 1807, which had been propounded by Mrs. Frances Bauden, as the sole executrix named

therein.

COURT OF EXCHEQUER, MAY 16. The New Custom-House.

The King v. Peto.

The Attorney-general addressed the jury. This was a proceeding against Mr. Peto, to recover the penalty of a bond which he executed to secure the amount to the Crown, on behalf of the public, and which would become forfeited, provided Mr. Peto failed in building the new Custom-house, in the city of London. By the contract, Mr. Peto was bound to complete the work for the sum of 165,000l.; exclusive of the charge of 12,000l. which he was entitled to make for the piling of the building. The building was commenced in 1813, and was completed in 1817 or 1818-and the charge of building, including that for piling, amounted to 370,000l., a charge more than double the amount that Mr. Peto contracted to execute the building for; and of this, 24,000l. was apportioned for piling. The commissioners were extremely dissatisfied with these charges; and thought they had reason to complain of Mr. Laing, their surveyor; and, after having paid upwards of 300,000l. they thought they could not, with justice to the public, pay Mr. Peto any farther sum of money. Mr. Peto, in consequence, commenced some proceedings against the commissioners, but before these pro◄ B*

ceedings were concluded, apprehensions were entertained for the safety of the building; the walls cracked in several places, and it appeared to be in a tottering state, and at length the greater part of the building fell. The site was formerly a part of the bed of the river Thames, but it rested upon a solid stratum of hard gravel, which was 12 feet deep, and into which it was necessary that piles should be driven for the support of a building of such weight and magnitude as the new Customhouse. From the specification it appeared that the builder was to provide a necessary number of engines for the purpose of boring down to the gravel, to ascertain the firmness of the foundation; and he was also to drive the piles into two feet of the stratum of gravel, for, unless those piles were driven into this stratum, they would not afford support to the building. These piles were all to be cut the same length, and levelled. Instead, however, of these piles being of the proper length, to reach the sleepers, some were shorter than the others. There was no complaint made of the external appearance of the building. An immense chasm was, however, discovered in the King's warehouses and the Longroom, and before the cause could be ascertained, one pier sunk nine feet, and another four feet. The warehouses then sunk into the cellars, and this circumstance, he was sorry to state, would put the public to an expense of one hundred thousand pounds. The piling was then examined, and it was wonderful how the piers had stood till the work was completed; for instead of the piles being driven two feet into the gravel, they did

not even reach that gravel, and it was impossible, therefore, they could have been the least support to the pier. Upon examination it was ascertained, that, out of one hundred piles, not one exceeded six feet in length. It was impossible, therefore, they could reach the gravel, and the consequence had been, that the whole of the piling had been removed, and a great part of the building had been taken down, to guard against a similar accident to that which had already occurred. The commissioners were dissatisfied with the conduct of Mr, Laing, and they had thought proper to commence proceedings against him. They also thought that his conduct, and that of Mr. Peto, had been such as not to entitle them to their confidence. The accounts were all made up in a hurry; the greater part was demanded, and paid in a hurry; and when the accounts were disputed, they were suffered to remain four years without being rectified by Mr. Peto; and then, when the building falls, Mr. Peto, for the first time, says, it was a mistaken charge, and it was also by mistake that the spandrels were filled up with rubbish instead of brick-work. had another complaint to make against Mr. Peto, for the improper mode in which he had laid on the roof of the building. The materials for the roof were to have been of the best quality; but it seemed as if Mr. Peto had collected all the old boards he could find in London. Some of those boards were ornamented with play-bills and other papers, and some were pieces of old boards, and in a very decayed state. He also begged to call the attention of the jury to the flooring of the Long-room, and which

He

« EdellinenJatka »