APPENDIX TO CHRONICLE. 



299 



and the whole was placed under 

 his control and direction. No cost 

 was spared, and he expressly un- 

 dertook that the buildings should 

 be finished in a manner to merit 

 the approbation, not only of the 

 magistrates, but of every architect 

 in the kingdom. After two years 

 had been employed in completing 

 the courts and gaols, and he had 

 been paid, pursuant to his contract, 

 the whole was found to be defec- 

 tive. The foundation was ill laid, 

 weak, and inefficient, for such a 

 weighty superstructure. It was 

 not above two feet under ground, 

 and was composed partly of what 

 was called rubble, and no ways 

 adapted to the soil. The walls, 

 instead of being solid massy stone, 

 were formed of two external cases, 

 and the intervals filled up with 

 rough rubble. Pillars, which 

 should have been of stone, were of 

 wood, cased with stone. The 

 consequences of these and many 

 other similar defects, was, that the 

 building gave way in many of its 

 parts. It became dangerous, and 

 could not be applied to the pur- 

 poses for which it was erected, and 

 the greater proportion was obliged 

 to be taken down and rebuilt. It 

 was to recover a compensation for 

 the loss the county had sustained 

 by the defendant's negligence or 

 want of skill that the present ac- 

 tion was brought. The facts were 

 clearly and distinctly proved by 

 two architects, who had had the 

 direction of several buildings and 

 prisons. 



Mr. Scarlett asked his Lord- 

 ship, whether it would have any 

 efi'ect upon the law of the case, if 

 he showed that the working plans 

 and directions of the defendant 

 had been departed from in conse- 



quence of a conspiracy formed 

 against him by those who had the 

 subordinate contracts. 



Sir Simon Le Blanc said, it 

 certainly would not have the least 

 weight. The defendant had un- 

 dertaken to see that every part of 

 the building was finished in u 

 proper manner. He was paid on 

 the ground of his presumed abi- 

 lity ; and, therefore, whether the 

 county had suffered by his defect 

 of judgment or inattention, the 

 injury and the right to satisfaction 

 remained the same. The Jury, ac- 

 cordingly, under his Lordship's 

 direction, found a verdict for the 

 plaintiff — Damaj^es twenty thou- 

 sand pounds, subject to be reduced, 

 in conformity with the opinion of 

 an arbitrator, to whom the in- 

 spection of the items was referred. 



Court of King's Bench. — Tues- 

 day, Nov. 1. — ( SpecialJuTtes. J — 

 Gomez v. Tunno. — This was an 

 action upon a policy of insurance 

 upon goods on board the Spanish 

 ship Union, of which Messrs. 

 Fissen, brothers, were owners, 

 from Vera Cruz to the Havannah, 

 and back to Cadiu or Malaga. 

 The insurance was effected on the 

 2Ist February, 1810, at eight gui- 

 neas per cent. ; and on the 27th 

 July following, a permission was 

 indorsed upon the policy, and 

 signed by the defendant, for the 

 ship to change her destination 

 from Old Spain to any port in the 

 United Kingdom, if it should be 

 found expedient. The ship sailed 

 from Vera Cruz on the 11th of 

 March, and arrived at the Ha- 

 vannah about a month afterwards, 

 where she found a great difficulty 

 in procuring a cargo for Old Spain, 

 on account of the intelligence 



