MAGISTERIAL.

South Canterbury Times, Issue 2229, 10 May 1880, Page 2

MAGISTERIAL.

TIMAIiU—THIS MAY. (Before B. Bcctham, Esq., 8.M., and F. Archer, Esq., J.P.) DRUNKENNESS. Three first offenders were fined 3s. civil cases. Priest and another v. White and another —Claim, £3O 13s 3d for grates and fittings alleged to have boon supplied. Mr llamorslcy for plaintiffs; Mr White conducted his case, being assisted by Mr Perry. Mr Ilamcrsley, in opening his case, said there were two questions to bo decided ; firstly, as to the liability of the contractor, and, secondly, as to whether Mr West, the architect concerned, was right in ordering goods on behalf of his principals. He would call Mr West. Daniel West, architect, stated that he

acted as architect in the erection of the Albnry Hotel, being employed by the defendants in the present suit, Messrs White and Ilowlcy. Amongst otlicr things witness selected a range and six register stoves for the hotel, at the shop of Messrs Priest and Holdgate the plaintiffs. The bill for them amounted to £27 10s. While the contract was proceeding, Jonathan Derby, the contractor, filed his declaration of insolvency. This was on July 7. The whole of the goods were ordered, with the exception of the grates and range, after Dcidyp filed, as being necessary to the completion of the work. The contract had been let at £1620, and at the time the contractor filed he had drawn on the certificates to the extent of £I6OO. £ISO more was required to complete the work. DcrbjMid nothing more to the work after he filed, and witness gave him notice that he should complete the work himself. Witness engaged the men on the work after the contractor filed. Saw Mr White and he asked witness what he was doing with the building. Ilcplicd that he was putting men on in the usual way to finish it. Mr White said, “All right.” Could not exactly say when the work was completed, but saw White several times while it was going on, and he never raised any objection to it. The work was completed for £I4BO. In cases of this kind where the contractor becomes insolvent prior to the completion of the contract, it is usual for the architect to complete it, and ho (witness) did the ordinary and usual thing in finishing it. By Mr White : I should do anything 1 that was necessary to the building in the event of the failure of the contractor, without consulting the proprietors. Have taken steps to complete other works in this way. Mr Hamcrslcy called several architects to show the usual custom of the profession when the contractor fails. P. J. Wilson, architect, Timaru, said that if the contractor failed while a contract was being carried out, he should take possession of the job and sec that the work was finished. By Mr White—lf the proprietors of the building wore living in Timaru I should consult them before finishing the work. Three other architects wore examined and stated that although a certain latitude was always allowed to the architect still they would consult the proprietors before undertaking to complete the work. Mr Priest, one of the plaintiff’s, was then examined, and stated that the goods in question had not been paid for. By Mr White—ln the first place witness charged Derby with the goods, £22 ISs 10d. This was on April 17. Subsequently charged West with them on July 7, the day Derby filed. It is usual to charge architects in these cases and not principals.

This finished the case for the plaintiffs.

J. M. White, solicitor, Timaru, stated that Mr Howloy and himself some time since bad an hotel erected at Albury. Mr West was employed by them as architcst, and simply as architect. The building proceeded, and £l3oohad been paid on the certificates from time to time. Derby was the contractor and he become bankrupt on July 7. Gave West a cheque for £lO on July 18. At this time witness owed West about £lO, and be owed witness about £79. The work was only completed seventeen weeks after the contract time, and there was a pentalty of £lO per week to be paid, viz., £l7O. By Mr Ilamcrsley—Never bad any any conversation with Derby about the building before he filed. Had no fault to find with Mr West as an architect, but bad he not proceeded with the work they (White and Howloy) would have had the option of selling the house in its uncompleted condition. Thomas Howloy, Deputy Commissioner of Property Tax, Timaru, stated that Mr West bad never seen him with regard to the completion of the building after the contractor’s bankruptcy. Judgment for plaintiff for £22 3s sd, each party to pay their own costs.