A DISINTERRED OPINION.

Star (Christchurch), Issue 6694, 6 November 1889, Page 3

A DISINTERRED OPINION.

The following copy of a case and opinion waß recontly discovered in searching through the papers of a clergyman who held a living near Gravesend, aud was a Guardian of the Poor. The orthography is fairly good for tbe period (1734), when the author of the " Elegy " was quitting Eton for Peter house; but whether Mr Kirk's law will meet with the approval of tho now exponents of law is another matter. His charges, however, probably will be considered absurdly small. [Copy.] Case.— A employs B. to Digg a Well in his ground; the Earth falls in and Burrics B. Question. — Whether C as Churchwarden is oblidgd to Digg B out again at the Charge of the Parish or force A to do it at his own expense. (Copy Opinion.) I am of opinion A having imploy'd B to digg the well if he miscarried it for want of skill or by his own negligence or by accident it don't concern A. But the churchwardens and overseers of Ye parish are obliged to send for A. coroner and to digg him out of ye well to be seen by ye coroner and A jury. And in caso B hath loft sufficient goods tho Exors or Admors of B must pay the expenses if not it must ! be at the expense of ye parish. j Jos Kirk Oct. 5, 1734. j * (Copy Indorsement.) Paid Mr Kirk for this opinion and expences going to Rochister, Crafford, and treating with Mr Brandon to digg the man out of the well JSI. ss. 0.