Carlisle Patriot, 10 Sep 1825 - Arbitration Cause - LOWDEN v. NIXSON (7)

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Saturday 10 Sep 1825   (p. 2, col. 5 - p. 3, col. 6)

 

IMPORTANT ARBITRATION CAUSE.

LOWDEN v. NIXSON.

 

[continued]

 

Samuel RIGG, of Abbey-House, examined.—I was an arbitrator with Mr. PROCTOR and Mr. PARNELL, and examined the buildings at Hayclose. They were much better than I expected to have seen them. The roofs appeared perfectly straight, the riggings in particular. It is common rubble stone wall. My farm buildings were erected since, and are exactly similar, the same sort of masonry. They were walled by two men, one on each side, and then filled up with loose stone, and lime is put on the top of each level. Daniel DAWSON, who built them, is a respectable builder; and they were built under PROCTOR and KENDALL's superintendence. I never heard of any Baltic timber being used in farm buildings. I have no doubt but that Hayclose will stand, on account of its not having given way before now. The deficiencies are not very great. I was present when it was agreed that the arbitrators should view. Mr. HODGSON proposed that Mr. LOWDEN should find a person to show; but Mr. LOWDEN pointed out the deficiencies himself, though it was otherwise agreed. Mr. HODGSON proposed GASH as a witness. Mr. LOWDEN objected, as it might be a ground to set the award aside, unless GASH were released from responsibility, he being an interested person. Mr. HODGSON urged that the arbitration bond provided for examining the parties, and that Mr. LOWDEN himself had been examined. The arbitrators decided against examining GASH; but I thought he should have been examined, and said so.

 

Cross-examined.—At the meeting at Hesket, the specification was produced by Mr. LOWDEN, and left upon the table. Mr. HODGSON got possession of it, and would not give it up until threats were used. The building was sub-let to GASH, and Mr. L. said he might be examined, if the defendant would release him. I saw no harm in taking a snack at Mr. NIXON's [sic], nor at Mr. LOWDEN's; we did both, without thinking of Cæsar's wife. The Abbey-house is a farm building, 30 miles from PROCTOR's residence, who is employed to superintend Lord Lonsdale's buildings; but Mr. P. was not at the Abbey more than twice or thrice, having entrusted me to superintend. The American timber was found by his Lordship. The walls at hayclose are not perpendicular; and I meant that they are similar to mine in point of building, and not as to straightness. The arbitrators were at Hayclose two hours; we did not examine the foundations. I expect that buildings would tumble the first year, if at all. I saw some morter inside the wall; which I believe did not altogether ooze from the large stones: the holes were all made above a level. I think Mr. LOWDEN was with us from first to last—he joined us at first, and I expect he remained all the time, but his man acted as shower. I heard no questions put to him, nor did I object to his presence, nor see any harm in it, for we had eyes and could judge for ourselves.

 

Re-examined by Mr. HODGSON, Mr. RIGG said, that Mr. LOWDEN got into a great passion about the specification; that Mr. HODGSON at first declared he would not give it up; but when Mr. NIXSON said he had a copy, he surrendered it.

 

Thomas SEWELL was employed in building walls at Hayclose. They put sufficient sand with the lime; and every 16 or 18 inches, spread the lime over the loose chippings in the centre at the top of the level, the usual way. It was hard rough wall. In some places, the lime could not get to the fillings. He had worked for himself many years.

 

Cross-examined.—I always build in the same way, but do not make the walls over-hang. I was not at all at the house-building. GASH gave us directions for size, but not as to morter, with which no just man could find fault. I only built the byer. The morter was all of one kind, I believe; and I think the sand came all from one sandpit.

 

By Mr. LOSH.—I don't know where the sand came from. My son took the byer from GASH. I have been employed by Mr. NIXSON several years.

 

William HINDSON and Thomas HILTON, stone-masons, examined together. They had seen the Hayclose buildings, and found the walls such as they had built for 25 years past. The front wall is a little out of the line, but that does not endanger the buildings. They took no notice of the roof, except some part of that of the barn, and the lap was three inches at both ridge and eave. The wall could not be made straight, without taking it down. They saw sheds besides Mr. NIXSON's, and they seemed to be worse. There was a very small crack in the lintel of the house, above the door, but it was no worse for it.

 

Wm. HENDERSON, of Hesket, acted as Thomas HARRISON's foreman in the joiner's work, which was done in a fair workman-like way. The timber was American; the worst was taken for garret floors. He could not speak as to beams in the dairy; but he would not put in a beam with dry rot if he knew it. In forming a roof, he considered letting the beams into the blade as good as any.

 

Cross-examined.—The joiner's work requires seasoned wood, but it was not all seasoned: joisting does not require it. Boards will shrink though well seasoned. We used the best seasoned wood in the window-shutters.

 

James DUNLAP, of Carlisle, well-sinker, tried for water at Hayclose, for Mr. NIXSON. He first began at the kitchen door, and sunk to the depth of seven or eight yards, and came to the rock; then he bored 45 feet, and all without success, the rock being open, and took the water off. he afterwards puddled it, and brought the water from an adjoining field, but the spring went dry. He next tried to make another well near the byer door, and found water at eight yards depth; a very good spring, which rose four feet an hour, and Mr. CONNELL was pleased with it. Sinking and boring cost Mr. NIXSON £49 14s. walling drains, &c. £28. He believed Mr. LOWDEN was once there when he was at Hayclose, and his father was often there.

 

Cross-examined, he said that he did not then know Mr. LOWDEN; Mr. GASH told him that it was that gentleman whom he saw, but he could not swear that it was him. The well was walled with stones out of the old building. The present well did not want puddling. There is only one well now; he does not know what is become of the second well; it is either filled up or covered over.

 

Christopher HODGSON, late slater, was called to speak of the proper lap of slating on farm buildings—it pretty nearly accorded with the lap at Hayclose.

 

John FORSTER.—I have been 40 years a carpenter. I saw the building at Hayclose. It is done, as to carpenter's work, in a workmanlike manner, and the wood could not have been better seasoned in the time allowed for the contract. In the dairy, the dry rot had got to the beam ends. I should prefer old oak for beams. I have known dry rot take place in new buildings. If the sashes had been stuck in with putty at first, they would not have leaked. The principals of the roof are set at a proper length for blue slates, and the roof is very straight: I prefer the way in which the roofs are made. In 1819, there was very little Baltic timber to be had.

 

Cross-examined.—The work is all done in a proper manner, and the wood is as good as need be, and as well seasoned as time admitted; it was scarcely possible to get enough seasoned for the whole. The beam in the middle is sound at heart; but decayed a little on both sides. I could see through the decayed part.

 

Re-examined.—I know by experience a mere surface decay from a serious one.

 

 

[to be continued]