The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1884-05-27 00:00:00

IMPORTANT TOLL CASE.

liOtroar.—Before 3 Tudor, gm. (la lies ask), sad I.
Pearce, Kg.
Archibald Forryth, described as • "Marsilius
draper," of Weymouth, was ensmorted for Meath,
to pee • toll of 91., In sonordthos with the borough
0. Weston appears I for the
prossontiou. and Mr. reithant, of Portesnouth, for the
&Moos.— From Ur. Weston's opining, it would
appear the defendant really sought this enquiry wish.
leg to test the vntklity of the bye-laws.
Kr. Fathom admitted his &Mat carried about a
number of samples, from which he endeavoured to gel
orders from something like 300 automata He Mould
be prepared to admit most of the Note, but be con-
tended first that the orpration had ne perm to
make such a bye-law (if they bad mad* oat), and
sseamily their byalaws did not touch this ems at all.
The bye-laws were made with a &hoed object It wee
very Meer the bye-taws were made for the government
of the market on market and fair dam, when
people cease into the town with goods for sale. If a
mas brought good.; to the market and paid a toll he
had esmething for his matey. Hs should like to know
what his silent would have for hls money if he paid the
tolL Be visited the tows in the capacity of • com-
ae/gist traveller. He should be prepared to argue
tint of all that the bye-tans were net inteaded tomes'
oases of this Wad at all. It was vary different to •
man brieging goods. • cart. Io the latter sees it was
reasessas to Marge the 91. But when • man man
Into the tows, and did not Mk, about goods, but
carried about In • beg sample., from which he oh-
wined orders, be was • commercial traveller to all
latest' sad purposes. It did not some within the
bye-laws, cad if them was such a bye-law it was ul4rs
Mesa and the Oorporatim had so power to make it.
After mate dlsonedee, It was decided to bear the
fares, and Mr. Weston Gelled
Sergeant Mitehall, who said on Tuesday, the 13th
Mat., he saw lorsith some out of three booms in
Grorabedkliage. He met him at the bottom of the
reed sad told kW be had seen him come out of the
hostess, that he should go sad make "paid**, and If
he toned be bed bees them hawking he Amid demand
the toll of blot. Defendant replied—" Dail do that
—I admit hawking; I should not Ilke my customers
laterfered with." Be refused to pay the toil, as be
did not think be was " entitled " to lose. Witness
asked ids if be had sees the bye-laws, sad he replied
he bad. He (the sergeant) then invited him to go and
see them sista. Be said his would go and see the
espo=dget, as he did not like the anima's of
following him about. They went to the
Matto., but did not see the superinheadest. Bat out-
side the station they NM P.O. Meld, and defendant
bad • coevereatioa with him. Later in the afternoon
deleadant saw Mr. Coward. Last Tuesday
monies
Mimeo went to the Great Western Station &al'
the 10.56 Mein from Weymouth. Hesse the defendant
wive with his brother. Defendant had • large lesiva
pima, sad his brother carried • small bag. Usfendast
beamed to hist, and he west up t, him. He
said "When is this job weds. o(? I am
anxious to' eel it over one way or the other." He
.1. said "You are not going to follow me about to-
day,' sad witases 'WWI I may.* Defeadtht said
"Wbedueliyouwanil Wllltbls do? Will you
ere me an order for a sail of clothes ? " He thee
the beg from the other men and opened it, taking
est some samples of sloth from tbs beg whim he
showed him go said " there as them
ros would Infe " 1111wsw, Ostia' lo • desk

ri "Ho. meek would it be for • locket sad 11/014‘
Mit 1 Defeedret replied about id or thersabou•s.
Would rat do for his 1 Witness replied '1 don't
know whether It will or not." Defeadant tea said
"II not, you oaa 10401 MP at Fordinatoo art Moab-
nom =ll,Wheell I shall show some patter°, to a
Hawkins." Later in the day wires, saw
ras as
d:fass loat tore out el • house orompled by a tors
named White, sod he then onaplared of being
followed about; be would_go down and lodge • oow.
plaiat with the Mayor. He did so, and defender
10101 with him. Hs then went to the 0 chard, rd
saw • woman named Woodward. He opened his bar,
sad taking out some samples showed them to her.
He said, " Give za• an order, se I rot
the serireaat to sr what I am dolog."
Elbe said abe did not waat anything, and did not give
an order. They this went to Moe Marsh, la the roe
terror He showed his samples to her, sad asked for
an order. Bhe said she did aot want ray ries, and
dreadant said, "Rave smietithog of ras aa I wire
the pollosmaa to re." She said, Ido want • par
cd sheets," and gave him an order for • par of white
use., to be broritt on the following Tuesday.
Deirdre& then asked her to take • bit of print Ice the
seri, but she deeilar to give him an order.
Hs this showed her some llartael and velvet,
sad Mn. Manta ordered • yard of the letter.
Deissdant then said to wittier " Will that do 1"
Witmer said, " Now I dared yoor toll, rid
defendaat oslO" I shaa't Pr."
Mr. Weer : Were say of them people Urn.
drrers I—No.
Tina the goads were sot sold to soil again I—l
should think or
Oroserralited This re sot • market day. He
had Arrionitly seen drendsat's prier's erartifloate.
U. did sot 001 defendant deliver say goods for which
'be had takes orders that day. He saw dreadant
write Kn. Marsh's order la a book.
This was the me for the prostration.
Teich.= submitted, under lb. 182a4 motion of
the Public Herr Act. which was • re-rot meat of
the Act of '4B, under which the bye-laws were framed,
the Deportation had no power to make • by-law to
roach the present ore. Although the delandant had
• pedlar's endears it was not monssay for Ude
lowa, although it nalobt be for orlyieir &richt
Soto It hie otter 04014 wader the Pedlars' Aot he was
armed with hi. certifloate. The whole tenor of the
bye-laws went on the reunaption that the man was
bringing goods for ere. Here goodalwere aot brought,
but samples for order. Urn lf such • oorrsotioe
earl be placed oa the bye-laws, it war, as be had
said. rya One, for Oorporatior could not do what
they liked, or make uareaeosablie bye-laws. The
word "hawks, "did or appear Is the byolaws at all,
but simply our in reschedule of the bye-laws. He
oralldiently submitted that tha Oorporation had no
right to as rat this toll la the peers* inetros, and
eves if the bye-law did rear it, it was as termer-
able ow. aad would aot be upheld by the Oren above.
Mr. Warm replied is the quartos ad law, sod
Yeatesded that the Acts :stationed by Mr. 74111010
did aot apply ; they did act claim under theca. Tr
borough at Dorcheelot wee under • ranee, end oar
bydaws were made In the year 1871, four year before
the periag of the Health Act. It had act • retro-
spective view ea Mr. Pelthaaa brought forward, but
Pr vs. The word hawker Worded peddUag.
ZrAltham °outmoded U the charter were relied
epos the ratter would have to be pr.ived.
Mt. Pearce rid if the bye-laws were okra Wm. It
was hardly • quern for that court that day. They
must take the oye-laws as they ;stood, sod 'starry*
them la re beet way they orW. If in the erne-
tics of the bye-laws they had gone beyond their
power, the Higher Court might adjudicate upon that
and decide. He did not think the oourt could decide.
Mr. Sensors (Magistrates' Clerk): Prillo fack It
Is as Act of Parliament oath it is set ride by
adjudketios ot • superior Court.
After brief predication, Mr. Tudor said the Bench
brieg heard the ors, they were quite clan, accord.
lag to the br&laws, there had bra an lafringement
It simply relssd • orrice as • matter el law, sad the
Bear related the small pearly, without 000te, of
10s. _ _

-TILL : I take It you will groat • ease for •
saptri.x (load.
The Noah granted • awe.