The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1869-04-13 00:00:00

DORCHESTER COUNTY COURT.

TRURSDAY.—Before T. E. P. Lefroy, Esq., judge. ,
At this court there were 48 plaints, and 1 judgment
summons, nit of these a peat number had been settled.
Mary Clarke, shoemaker, Charminter, v. Geer9e
Ootssins, a groom, ht the employ of Mr. Miller. of
Mgt.—Claim 14s. fora pair of boots. It appeared the
boots were had in May, 1867, and no money had been
peid.—Ordered to be paid in two iestalments.
Joists Reed.. Charles Ormich.—Claiso £6 12s. lid.
for • month's lodgings sad board at the King's Arena
Inn, at Maiden Newton, of which plaintiff is the land-
lord: Defendant lien attorney's elerk,sied had come to
Maiden Newton on an excursion and taken the apart-
meets at the King's Arms. After defeedant had left
Maiden Newton, he tenon a letter, in answer to '
plaintiff's demand for payment, requesting to know
the amount of his bill—Order for payment forthwith.
Thermos Wood v. Thomas Cheirellti/l.—Claim for
£1 17s. 2d.—Plaintiff is • 'roost 'tarrying on business
at Maiden Newton, and defendant is • labourer living
at Wynford Eagle. The mount was for grown goo&
had by defendant. —Order for 41. a month.
Charles Saiistarry. dairyman, of Winnrberse, v.
Gongs labourer, of same pita:L-04m Is. for
filb of (theme, bought in December last. —Defendant
wain (instant work for Mr. Lambert, of Simpleton.
To be paid in • month.
William Welker v. Repentance RingArry.—Claim
Ell lin 10d. for goods supplied.—This was a CMG of
administration brought forward from the last court.
&pentane. Kingsbury, the administeatix was sued by
the plaintiff for the amount claimed which was incurred
by her husband previous to his death which took pine
In 1862. The can was adjourned from the last court in
order to bring proof of assets—Mr. Pope was now
for plaintiff, and Mr. Howard defended.—The plaintiff
lea miller and residing at Haselbury Brian, and before
his death John Kingsbury, the husband of the adrainis-
nage was a small farmer occupying about 40 or 50
acres of land at Pulbem, under Mr. they,ot Sbotbonm
Castle. Plaintiff produced his book in which the
amount we. entered, and from that it appeared that
Mrs. Kingebury had from time to time made several
small payment., amounting in all to about £4. For the
plaintiff Mr. Pope contended that at the time of Mr.
lEinphory's death, assets were left considerably more
than sulllcieut to pay what waa then owing. He called
Mr. John Punting, a farmer, residing at Pelham, who
maid that he well remembered Mr. Kingsbury's death.
Ile could remotion what mock was left on the farm
occupied by Mr. Kingsbury. It consisted of six cows,
one two-year-old heifer, two yearling heifers, one cart
man, one cart colt, and one waggon. There was also a
quantity of hay, how mush, however, be weld not now
say. He should value the whole of the assets left at
that time at over £loo.—lire: Kingsbury was sworn and
said thst at the time of her husband's death she was
left with 10 children. Previous to his death her
husband told her that be owed Mr. Webber £5 and no
more, and of that she had paid Ed it.. since. (Mr.
Pope: You paid that on the old account.) She was
quite jure that the assets were not worth so much as
ertimeled by Mr. Posting, as they had • very bard
winter, and the whole of the animals were in poor
condition. Immediately on the funeral the expenses
were over £2O. She paid the doetor's bill, which was
EY 3a. To Mr. Shinier, brewer, the paid £l5 for beer
and ale had previous to her husband's death,
and at the funeral; she also paid • Mr.
Whittle, brewer, the sum of £5 for porter and
ale had before her husband died.—His Honour: What,
did your husband keep a public-house Mr..
Kingsbury: No sir—{laughter). A bill of 1:10 for boots
and shoes she paid to Mr. Ridout, shoemaker, sod other
little bills which she paid amounted to ebout £lO or
£l2. Their rent wets 1:77 a year, and at the time her
husband died half-year's rent as owing. Rhe had
valued tie assets at leas than £9o.—Mr. Howard, for
the defendant, urged that she had been left
In most straitened circumstances, at the death of Mr.
Kingsbury and it had been shown that she had paid
considerably more, one way and another than the assets
really were worth, and he felt sure that if the bill was
thrown egainet ber she would be ruined.—At the Nunes. I
Mon of his Honour, Mr. Webber sgreed to compromise I
the matter by Mrs. Kingsbury paying £5 in 10 monthly I
instalments.
A Jury Disc.—Robert Loveless v. Stephen Srsntways.—
This was a olefin of £9 16s. for dilapidations to premises '
held by defendant, • corn and seed merchant of Piddle.
tainthide, belonging to plaintiff, who is a farmer of the
same parish. It waa admitted by plaintiff in the course
of the trial that there was "bail blood" between them.
—Mr. Pope, of Dorchester, for plaintiff, and Mr. R. N.
Howard, of Weymouth, for defendant.—Plalntlff pro-
duced an agreement dated 2nd October, 1855, under
which defendant held the premises for three years from
the 25th Dee, of that year. Defendant continued in
the premises till December, 1868, when he left on
notice from plaintiff.—Mr. R. N. Howard objected to
this as a lease, on the ground that "all leases not ex-
ceeding a term of three years from the making thereof
mast be under deed," and that the words "making
thereof" meant the data M the document, in support of
which he quoted Rawlins v. Turner and several other
caeca, and an opinion from Chitty. The result, he eon.
tended for, was that this was a yearly tenancy.—The
Judge, after reference, ruled that Mr. Howard's law we,
good, and said that in e neequence the defendant would
only be liable for dilepidations beyond fair wear and
tear, whereas in the lease it was stipulated he should
leave the premises in "as goo a state of repair as
when he entered spoon them."— Plaintiff said that
before defendant entered the premises in December,
1855, he epeot nearly £lOO in finishing the place and
putting it in thorough repair. He gave details to the
effect that the papering, colouring, and grates were
In good condition. Defendant put • floor, nailed on
joists let into the earth three or four inches, in the fuel
house, one side of whieb was mortared. When defen-
dant left the paper on the walls was torn in shreds,
some of the grates were removed, and others were
broken. The door meant was broken off. Four

_
squares of glass were broken. OD the 24th December
be saw • man named Bytes picking up the floor of the
fuel house with • pick-axe, under the direction of
plaintiff. Told him ha should not allow it, when
defendant said be had put it down, and be
should take it up It was used for keeping urn in.
Defendant also pulled up an apple tree in the garden,
and carried off • number of gooseberry bushes— about
20.--Croes examined : The shop was about 20 feet
square, and out a great deal to finish it before defendant
catered. Put of the passage was (Riled and part not.
Did not colour or paper the passage walls. Being asked
for details of what was done before defendant took the
premises, he said two rooms downstairs were white-
wulted overhead, and If them was • nail mark it wu
stopped. The previous tenants left the house in good
repair considering they had been there 13 years. The
upstairs rooms were whitewashed, one bedroom coloured
and papered, and the whole cleaned up. Did not put
In any new grates. The floor in the fuel house was put
down by defendant. Remembered Mn. Darden asking
him on behalf of plaintiff to take the floor at • valua-
tion. Refused saying "I considered it a fixture."
Could not tell the mutative rums he paid to she wend
persons who did the repairs. Did not pay the (apnoea
of Stickland instates spinet Mr. Sun wan jun., at Herne.
The j udge interposed and said he would not allow irrelevant
matter to be introdneed.—Mr. Howard responded that
he could not do justios to his client, if he was prevented
making these questions, as he wanted to show the
animus of the plaintiff. —The judge said he didn't care.
—After a brief re-examination, his Honour questioned
plaintiff, and elicited that he and defendant had had
words, and Loveless said " Ws had words—Samways
tried to disgrace molest year, and it was on that account
I gave him notice, to quit."—Mr. Howard: I should
hare gone folher, and shunt UMMA IMO Make OA

one side and not on the other—(laughter).—The Judge:
Theo you would have gone into some petty squabble,
which was irrelevant.—William Coombs, mason, of
Alton Pancras, said he "tidied up" the house in 1855,
before defendant entered it. Put • roof on shop and
slated H.—Cross-examined : While Yr. Seaways had
it, it we kept in pretty good repair. Helped build
the house 27 yearn ago.—Gitorge Cqpinhe, ion of the
previous witness, said there was a lorof whitewashing
done and that the plus was made tidy.—Cleorp
Collins, painter and paperhanger, of Plddletrenthite,
inspected the house • day at two after last Christmas,
with plaintiff and Mr. Drake. Paper was torn off the
walls as if purposely, and some of the grates were
broken.—Crusexandied : Did not think the damp had
made the paper thine off like that. Charged 22 4a, for
what he had to do to the hosea—David Drake, inn-
keeper, corroborated Collins, and said be saw Bylas
"ripping" up the boards from the fuel-bones, and they
broke in pieces.—John Thomas Ensor, appruer and
wisher, produced his veluation of the dilapidatioee to
the premises, which he made Feb. 12 last, from state
manta made to him ea he was shown over the premise.,—
Mr. Howard than opened the defendant's use, saying
that be should prove the premises were left in a better
state when defendant left them than when he entered,
I that all the damage spoken of to the paper, be,. had
been done emu be quitted and during the time plaintiff
had the keys, and that se to the flooring in the fuel
house it was never attached to the freehold, and
&missy§ had been guaranteed liberty to remove it.
—Stephen Samways, the defendant, stated that be took
the house and premises from Mr. Symonds, plaintiff's
uncle, at 1:16 a year. Before he entered the millings
were whitemphed, and one room only had been papered
about ten years before. The fuel house was simply a
roof supported on four poles. He boarded it round the
sidea, hong • door, and laid • floor on suntlinp, but
this did not touch the sides, and there was not a bit of
mortar about it. Before he put it down Mr. Symonds
said he might on leaving either remove it or have it
taken off at • valuation, and the matter had been men-
tioned to plaintiff, and he had consented to that
arrangement. Wheo he left he directed Mr. Byles to
take up the Boor, but he left the sides. He could swear
the papering was in a better date when be left
than when he entered, and that be kept the house
in u good repair as any house was in the parish.
When he left it it was in thorough good repair.— '
Mr. Charles Biles said „he bad been • mastsr carpenter,
living at Piddletrenthide for nearly 30 years. He
remembered the house in question from the time it
was first built. On the 24th he assisted, by Mr.
Sunway's desire, to remove his goods. He also removed
the flooring. He had a pick axe, but he did not use it
to tithe away the boarding, but merely to separate the
flooring after it was taken up in order to get it out
through the doorway. Before attempting to remove
the floor I went round it on the outside u well
as in, and I am confident that it wee not
attached in any way whatever. Whilst removing the
goods. He took particular note of the audition of the
house and premises, and, u he was in the habit of
letting houses, be would say that if a tenant had left a
house of his in the condition be should say he had done
his duty. Neither did he tee any dilapidation of the
paper.—Mr. Alfred &limeys said he was son of Mr.
Stephen Samways, the plaintiff. He helped to put
down the flooring. They merely laid down the joists
on the earth, and ued no nails whatever. They did
n at put either of the sleepers under the earth in any way.
—Mr. Pope and Mr. Howard, then briefly addressed the
jury.—Elis Honour then summed up the evidenee to
the jury, and in so doing said he could not help re-
marking that a great deal of the time of the Court end
the public lied been wasted in going through this—he
must term it so—thoroughly trumpery case. And be
could not but feel convinced that soma very bitter
spleen existed between the partiu concerned in the
matter or surely such a ease would never have been
brought forward. As regarded the removing of the
flooring, it did not appear that it was a fixture in any
way, and in that case the defendant was not liable for
it; neither was he liable for polling out the apple
tree of which Mr. Loveless had spoken, as be had him-
self planted it, and he did not carry it away, but had
left it on the iroond. The only point in which the
defendant seemed to have made himself liable was by
removing the useseberry trees. Although trained from
cuttings and still very young trees, in law fruit trees
were fixtures in every cue, save that of nurserymen.
After acme deliberation, the Jury found a verdict for
defends's'. .

Thome v. Morgan. —This was a case arising out of a
previous satiric brought by Mr. fialoways, of Evershot,
against Thorne, for a claim of Is. 6d., whesan
order was made for 10s. a month, but in default of
paying the instalment an execution was granted,
ebioli Morgan as under-baliff, carried out The present
case was to recover 24.. alleged by plaintiff to bare been
overcharged. From plaintiff's evidence it appeared
Morgan on entering the house was paid within half-
an-hour (the time prescribed by law) and therefore was
net entitled to the 2s for the execution. Morgan
denied that be was paid within half-an-hour, but, Si
there was just a doubt as to the exact time, his Honour
granted plaintiff (Thorne) the b. claimed without
casts.

DORCHESTER DIVISIONAL PETTY SESSIONS.
Ssrunrise.— Before H. H. Williams, Eaq., (chair-
man), Colonel Steward, and Erasmus Saunders, Eecl•
Application was made by Mr. Oils. Symonds, on
behalf of the churchwardens and parishioners of the
parish of Wyke Regis, for an order agalast the Wey-
mouth and Portland Railway conpany to repair and
pLwe in proper condition a pertain reeding In the
parish of Wyke Regis, which In the wastroction of the
railway hod been diverted from its original dowse,
by which the said road had become inundated and so
rendered impassable by the Willis of water from the
Weymouth Backwater.--Hr. Symonds proved the
personal service of the summoos on Mr. William
Fraser, the secretary of the Weymouth and Portland
Railway Company on March 31st. No one appeared
to represent the railway company. And *wording
to the provisions of the Railway Consolidation
Act, 10 clear days' notice was necessary in order that
the action could be proceeded with, and in this
butanes the chairman ruled that the clause of the Act
touching the period of notice bad not been oompliei
with, and adjourned the case for a fortnight, in
order that the company might receive proper notice of
the same.

TioTinscl Ricer:nu at Onsingtost—Hoary Ellis, carter
was charged by P.C. Powell with the above offence.
On Sunday the 28th March defendant was sMnding in
the public street at Osmingtoc, perfectly drunk, and in
• fighting attitude and endeavouring to create • distur-
bance. Upon the poliaeman requesting him to go house,
he resumed his povistoione posture and challenged the
officer to figbt,following up his words with several blows
which Powell, however, warded off, and shortly alter
some people came up and took him away. —Defendant
had no defence to sake' butte consideration of its being
his find offence be was deed
The Adjourned ease of deesede at Stiniford.—The
ease of Legg v. Harding, which was adjourned from
the last court for the empties of producing another
witness, was now brought up. George Moors, owyar,
now stated that on the day in question he saw Mr.
Harding and Legg wrestling together near the owpil
where be was at work. Harding held Lea by the cellar,
and they fell together on • beep of stoma. They tot up
and then both separated and went off.—The Bench
did not consider the evidence of mann satisfactory, and
dismissed the ass.

Broach of tAo Beer/tow Ad.—Edward Puheta
Miller, landlord of the Spring-bottom publie-bonak at
Settee Punta, wu oharpd by P.C. Powell, with having