Dangers of Quarry Contracts: Vivash Follow-up David Pollard May 2017
I have greatly enjoyed Carl Vivash's article about his Vivash family ancestors. I attach a Vivash reference which may be unknown to your readers, dealing with litigation between CJ Pictor and James Viveash (sic) & James Butler.
The newspaper article of 19 July 1879 tells of class prejudice in the titles given to the participants and the way that the
Victorian court-room was stacked in favour of the wealthy and the educated against the self-employed gangs of workers.
The report reads:
The newspaper article of 19 July 1879 tells of class prejudice in the titles given to the participants and the way that the
Victorian court-room was stacked in favour of the wealthy and the educated against the self-employed gangs of workers.
The report reads:
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A Warning to Quarrymen
James Viveash and James Butler, two quarrymen (defendants), were summoned by the Messrs Pictor, quarrymasters (plaintiffs), for non-fulfilment of a labour contract. Plaintiffs claimed £9 for damages alleged to have been caused by the defendants having broken an agreement entered into on the 29th of January. The contract was to last until the end of the year but on the 10th of June the defendants refused to go on with the work and had done nothing since alleging that the stone was unprofitable for them to work. Mr CJ Pictor asked the Bench to enforce the contract. At the commencement of their work, the defendants had good stone but, as soon as the stone became not of such good quality, the defendants at once gave up the work. In reply to Mr Bakewell, who appeared for the defendants, Mr Pictor said that he had no recollection giving him a month's notice of their intention to discontinue work. The defendants had an interview with him on the 10th June when they complained of the nature of the rock. Joseph Davis, a foreman in the employ of the Messrs Pictors, said that the defendants left their work on the 5th of June, took their tools with them, and had since been working for other people. The defendants Butler swore that he applied for a copy of the agreement when he signed it. He was told that he should have one in a fortnight's time but it had not yet been given to him. On the 10th of May he and Viveash saw Mr CJ Pictor and gave him notice of their intention to cease work because of the rock being so rough that they could not profitably work it. Mr Pictor said that he would come and see their work but he did not do so. About a week after the witness and Viveash went to see Mr Pictor again but he would have nothing to say to them. |
Courtesy Trowbridge and North Wilts Advertiser, County Edition, 19 July 1879
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They had five men and a boy working under them at the crane, but they all threw up the work on the 16th of June because they could not earn enough money. They had not been at work since the 17th of June. Butler swore that he signed the agreement without knowing what it contained. He could not read or write but he thought that by giving a month's notice he could throw up the work. Viveash was sworn and corroborated Butler's testimony which was denied in several particulars by Mr Pictor.
The Bench did not consider that there was any valid reason for the non-fulfilment of the contract, and they made an order for the defendants to pay the whole amount claimed (£9) and the costs, before the next Chippenham Sessions, or go back to work and finish the contract.
The Bench did not consider that there was any valid reason for the non-fulfilment of the contract, and they made an order for the defendants to pay the whole amount claimed (£9) and the costs, before the next Chippenham Sessions, or go back to work and finish the contract.
There is no record of the outcome of the court case but it is likely that £9 was out of the reach of the defendants and that
Messrs Vivash and Butler were obliged to continue with the unprofitable job.
Messrs Vivash and Butler were obliged to continue with the unprofitable job.