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Carmarthen County Court.


Carmarthen County Court. SATURDAY. Before His Honour Judge Bishop. A COMPOSITION. Mr James John appeared on behalf of Mr Stephen W. Morgan, Blue-street, Carmar- then, and applied that the court should consent to a composition of 7s 6d in tho 1, with the creditors. The Official Receiver (Mr Thomas Thomas) did not oppose the application; and his Honour made an order accordingly. QUAY DUES AT ST. CLEARS. Jonah Howells, brick merchant, St. Clears, sued John Lewis, timber and coal merchant, for F,,3 14s as Quay dues. Mr Ludford, Llanelly, appeared for the com- plainant, and Mr James John for the defendant. Plaintiff said he was a brick manufacturer, at St Clears. and was the owner of a wharf there. Defendant had used his wharf by trading coals upon it. Defendant was charged 2d per ton as dues on the coal; and the claim was for JE3 14s for dues at that rate. I Cross-examined by Mr James John Defendant never agreed to pay for the use of the Quay. The Judge But if you use my land, you will have to pay for it, whether you agreed to do so or not. Mr James John; Yes, in tort, but not in contract. Plaintiff, cross-examined, continued Everybody who comes in there has to pay 2d a ton for coming on to the quay. I have never seen anyone get away without it. I do not know how long the charge has been imposed. There is no board up fixing the toll. The agent of the Western Counties -Mr Phillip Lewis, Pantglas—paid after he was put in court. Mr Lewis, Narberth, paid after he was put in court. I know Mr Evan David, Laugharne. I know that lie has discharged plenty of stones there—but not at my quay. There is more than one quay at St Clears. Mr Charles Davies, Frog-street, Langharne, and Mr William Brown and others have not been there lately. Mr James John produced the old deed of the holding, from which it appeared that there was a right of way 20ft wide to and for all his majesty's subjects." His Honour gave judgment for defendant. THE TITHE CASE. In the case of Bishop v. Evans, in which the ownership of the tithes on the land of Morfa Brenin, Llangunnor, were disputed, his Honour gave judgment.—The Judge 0 said he had fully considered the questions at issue, and he held that the award was good in point of law, as well as on tho face of it, but whether it was against the c evidence or not he could not say, because he had not heard the evidence which was sub- mitted to the arbitrator. However, in order to avoid the necessity of an application for a new trial, he had decided to send the award back to the arbitrator with a view to getting him to state a case for the opinion of the Superior Court. ACTION FOR DAMAGES. John Francis v. David Thomas.—This was an action brought by Mr John Francis, auctioneer, Carmarthen against Mr David Thomas, butcher, Landore, for the recovery of £10 fis 9d, damages occasioned by the defendant having neglected to pay or find substantial security for the price of animals purchased by him at a sale by public auction at Dynevor Castle, on tbe 8th October, 1805. Mr W. \V. T. Prosser, solicitor (from the office of Mr W. Morgan Griffiths) appeared for the plaintiff. Mr David Williams, plaintiffs clerk, proved the purchase by the defendant of 2 steers, 2 calves, and a horse at the agreed price of £ 50 15s, as also the demand by the plaintiff of security therefor. Mr E. W. Francis, auctioneer, stated that he sold the animals at the direction of the Elaiutiff, on the 12th November, 1895, at Jandilo for £ 45 16s, being £ 5 le«s than they realised at the first sale. He charged £ 2 5s 9d commission (5 per cent.) for selling and 8s 6d for railway fare and sundry expenses, j His Honour remarked that it was not usual. to pay railway fare in addition to a commission. Mr Prosser submitted that it depended upon the agreement in each particular case. Verdict for the plaintiff for t 10 3s 3d being the full amount claimed—less 3s Gd railway fare struck out-and costs.


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