The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1860-06-05 00:00:00

Dorsctsbirt.

WEYMOI7III BOROUGH PETTY SESSIONS.

Griumatt, Tuesday, May 29.—(Before the Mayor, J.
mho:, J. A. Devenish, and G. C. WeWord, &qrs.)
Too EsCW4llBl= IN BT. Tannatie
Coo sod Bracher anewered to a summons
id lied been served on them to show cause why they
should not be convicted in a penalty not exceeding 40s.
for not having removed their om:embedment by erecting
a shop-window which extended some considerable dia.
teem beyond the face of tl.e house No. 79, St. Timms.
Street, after having received due notice under the coal
01 the local Boma of Health to do so—Mr. Cox said
that aa he bed 110 person to defend him in this action,
perhaps be weight be permitted to ask under what Act
Of Parliament he WAS brought here, and under what sec-
tion of inch Act those proceedings were taken.—The
maser was surprised to hear Mr. Cox ask such a qua..
lion-lie surely could not be SO ignorant as not to know
ender what Act of Parliament them proceedings were
token.--Mr. Arden, the magistrates' clerk, said the
summons had been *sued ender the 10th and 11th Vic.,
op, :14, sec. 69.—Mr. Cox wished to have the :section
of the Act read.—Mr. Stcall. town clerk, who ',re-
ferred the informaton. said this was quite unmet:am,
as Sr. Cas know quite well what it was—Mr. Coo:
Why I granted it read is, because that section does not
applgi• cami.—The Mayor : Well, we shall nee.—Mr.
rat wed lie would not occupy the time of the Court fur.
• at the pica nt period, and the complainant had
haw first prove his ease. Mr. Steggell said:
:1 an clerk of the Local Board of Health. I was present
eta oiee'tin duly convened on the 9th of May, and saw
.tja. common oval .4 the Board affixed to this notice
• which I now put in, and two duplicates. The notice
pet in was then read by the clerk. It set forth that
the defendants were required, pursuant to a resolution
a...0d that day by the Local Board of Health, to re.
'sieve their encroachment in front of the homes, No. 79,
st. Thomas's-street, within 14 days of that date, (May
9th) and in default of complying with such notice, they
would render themselves liable to • penalty of 40a. and
to have the encroachment removed by the yor of
lb, Board, at their expense. —Hobert Gale proved the
twice of the duplicates of the summons on Mr. Cox
ied Mr. Bracher, personally, on the 10th May.--Mr.
Coo: When you served me with one of the duplicates, I
thisk yea asked where Mr. Bracher lived '—Witness, I
eight have dome .--I believe! did.—Mr. Cox: Did loot
tell you that I had nothing to do with it? I do not
recollect your mine those words—you did not tell me
toe had anything to do with it.—Mr. Cox said that he
had intended to go into the equity of the order made
for the removal of the new front at 78, St. Thomas's-
street ; but it was scarcely necessary to occupy the time
.4 the Court on this matter at present; but he must re-
mark that the Boani had just as much power to call on
L. Clark to remove the brick wall which had been
mread by Mr. Dr/neigh, in Hope-street South, where
200 to MO square feet of ground had been en.
esseched upon, as to call upon him to remove this pro-
or they had just as much right to call on Mr.
!Watkins to remove the monster lamps which he had put
ep at the White Hart tavern, as to call upon him to take
.down the shop front which he had simply made and put
cp. The complainaat might, before he oommenced them
proceedings, to have ascertained 'loather or not Ile was
the occupier. He was not the occupier, he was simply
die bolder—Mt. Devenish : But you replied to the
notice to refrain from proceeding with the building.—
Mr. Coo: I replied to the notice out of courtesy, as it
was served upon me. I replied to be permitted to point
set die injustice of preventang me to proceed with the
heading while the Board permitted other encroachments
which were being made at that very time. There was
kr. Martin, who was erecting two bow windows down
to the fruited, and which encroached in inches on the
pavetneut. M. Vincent was also making extensive
alterations in St. Mary's-street, and, as I can prove, has
wade very ounsidvrable encroachments on that narrow
pavement and yet nothing was said to either of those
ladies, hut they were allowed to carry out their en-
creecbments and enjoy them.—The Mayor: You will
please to confine your remarks to your own case, Mr.
ton—Mr. Cos : 1 have only to say lam not the occu- ,
par of the hoase.—Mr. &egg-all : I saw Mr. Cox upon
the preumes iceeral times superintending the ptojec-
Mews which, when being made, extended souse feet
limn the face of the building. Mr. Cos. : I beg
Tour pardon, Sir, there is the projection now as it was
irst placed.—Mr. Steggall : It was considerably beyond
that at field when I remonstrated with him on it —Mr.
00l : I beg spin to state it has not been set back one
Devenish : Then if you are not the occupier,
Mr. Cox, you will not be injured, so far as you are con-
cemed in that particular, by the projection being re-
moved. —Mr. Coo said be was employed by the land-
lord to pot in the front, and that when the whole .4 the
work was oompleted, and the house fitfor occupation, it
wash, be handed over to him as tenant. He felt himself
ho thi. predicament. Probably if the front were token down
he should not be paid the expense be had been put to in
making and lotting in the mesh. Tbe Mayor said Mr.
Cos called on him respecting this matter, saying what •
Mu it would be to him, and fully giving him to under.
stool that he was the weepier—in short, be said he had
bred the I.ome.—Mr. Coo: The landlord has agreed to
kt it to me, and I have agreed to toile it se mon as it is
ready, but I am not in • position to force him to let it
to me even now, if he should riot choose to do so.—Mr.
&mean said Mr. Cox had also called on him, and repro-
...Med to him that be was the occupier—Mr. Coo: I
called on you on account of the notice being served on
vre,bet 1 never said I was the occupier. —The Mayor : You
ham seen the alteration, Mr. Stealth- what is the en-
croachment over the pavement? Mr. Steggall : About
LI er 14 inches. -Mr. Cox : It is en inch and • half be-
yead Mr. Iketwan's front door step.—Mr. : Are
re now prepared to prove you are not the occupier ?-
hr. Cox : It is not for me to prove I am not : it is your
place to prove that I am the occupier. —Mr. Devenish :
We hear what you say, but we shall act upon our
.cont hew. —Mr. fthiggall : I have repeatedly seen Mr.
Cox on the premiums, and I have no doubt the premises
are in his occupation. The projections to which I have
referred to to-day are still there. They have not been
removed pursuant to the notice served on him.—Mr.
(ox: Have you seen me in any other part of the house
than that where the work wee going on ?—Mr. &emelt :
I hare not.—Mr. Cox t Then your seeing me super-
intending the alterations is no proof that I em the
oceepier.—Mr. Deveniab : Then it you are not the m-
aul-net, you will uot be aggrieved if the obstruction is
oduoved.—Mr. Coo: lam aggrieved. The whole town
ic rigpieree, at least I may say nine-tenths of the town
are. Mr. Devenieli Do you mean to my the
whole town is aggrieved on amount of your being called.:
Cu to remove your encroachment Mr. Coo : They are
indignant, because the business of the town is carried on
in this way. There era no two opinions about it—Mr.
beeenith : Then do you mean to my that the whole
tows is iadignant, became the authorities are using their
powers to prevent people stealing their pound ?-11r.
Cox : No, Uiey are indignant because those powers are
used unjustly and eith partiality—there is no justice
'meth! out: one limy make an enerouchment with im-
punity chile another may not. Your proceediugs are
matemptible.—Mr. Devenith : I thial I know the
people of Weymouth ea well as you do, and I am eon.
*mead that when people do right they will not complain,
and you have no right to make tines remorka, and I will
not allow them to be made while, I ant on ths Bench. Mr.
.Cex: Before the front was put intim Surveyor came to me.
I showed bite the plan, and be said there would be no
Astilootion to _ Lowman, town Surveyor, said:
I have seen t'et projection opposite Mr. Cox's Louse in
81. Thomas's *met I don't know the number. I was
there yesserday. Mr. Cue has acknowledged to me
eeveral times that it is hie property. In talking over
the maitek be lard he was (wine" to' do this, and be
was "Irwine" to do that. He gave me to understand in
every way that he was the occupier. He did'et acknow-
ledge it in direct terms, but be gave me to understand
that such was the we. I have sees him there super-
intending the alterations several times. The "pi-
cetera" project 181 inches from the face of the hoes& I
consider the projection is an inconvenience to the public
in general. It as an encroachment on the public high-
way, which is vested in the Loeal Board of Health.—
Mr. (lox: Did I give you to underetand the house was
in my oceupation.—Witheet : In several ways.—klr.
('ox: When ?—Witame : Why levant times. You said
you was " genie" to do various thinp.-19r. Co*:
Demi that constitute possession 7—Mr. Arden: The
magistrates will determine that—Mr. Coo: Well, what
were the ex press ions employed 7—Witness. You,
" clwont" think I keep all such staff and nonsense in
say bead, do you—l've other things to think cot—Mr.
Cot : Then bow do you know I gave you to understend
I was the occupier.— Witness : Several ways. You said;
you would do as you liked ; you "liming" to bscontrolled by nobody; sad whet you did was on your
-evil responsibility • and Mr. Breacher odd the house
was yours. —Mr. : Do yen recollect coming to we
en the 10th of March '—Witness: Yes, and I told yes
what &aid be Use consequence if you went on—Mr.
Coo: Did you not come to me atterwaide and say yes
had seen the Mayor, and that I might go on I—Witi-
oom : I ebould the:Ain't ; I should be • fool to tell yen
that. —l9 r. clot: You maid the pilasters projected lei
halms. How much did the bow windows project
Inelies.—Kr. Beecher : Did I ever tell you who welt
going to live there—Witness: Yes; you said you wad..
--Mr. Bracher: Did I ever toil you that it was Mr.
Coeal—Witipme : You gave we to understand eo.
Mr. Beach.,: What did I my I—Witness: You
said if the case was yours you would nee them 4
before Tatialtered the f root —Mr. Bracher: I said I
was ping to live there when I got poisession.—Mr.
Coo: You cense there several tames did you not? what '
did I say gout the bones being mine? Did I not my it
world be when Analsed I—Witmer : It's all a parcel of
trumpery stair. —Mr. Coo: You know told
YOU Ole SI
Mead I might fa on, and that the Mayor told you so.—
Witham : Nothing of the sort ; dent tell such a parcel
et hoe as thae.—Mr. Cox : Did you not tell me when
You saw the drawing you new no objection to it, and
that you would get the Mayor to ollow it'--Witness:
"Lord o'llighty, ." I darat say no such thing.—
A very long and antis:portant colloquy then took place.,
tad the case was ultimately disposed of by the Bench
dscaling epee adjourning their &alien for a week, for
the of further coseidering the matter.—Mr..
Cut t 7": must ask the Bench togrant a SUIIIISKIIIS
Wind Mr. William Lowman, for wilful and corrupt
9.rlorY. The Mayor said he must see Mr. Arden about
that.
Atiscatn BllPTALM.—Saaudel Biannonsis, lasses
'nigh& William' Anse, JoAn ItasUcy, and Witham
au's". we,. °barged lOUs brutally itesaulting Edith
Wittia—Mr. HiS a for complainant, and
Mr. Howard for thetasen7id ars
ants. The ease occupied the
court two or three hours, and the evidence --sa of '

550 01 •
"r 1 conflicting nature. It appeared that Henry
kernel Willis—the husband of the complainant--bad
formerly occupied No. 1, Devonshire buildings, but left
to follow his profession as the mitstdr of • vessel, about
the 1, 01 the Wit general siection, and did not return
to Weymouth ieldeougli his wife Ailt kept possession of
the bawl till • few weeks shoos. After being in Way-
Meath • day or two he was allow* to take his leave of
the plass win, whim he was wpprehroded under four
=is for aost-sosoplisaa• with an order of affiliation,
before the Bench and ordered to pay the
efteent end orl . emaiar together £6 Is. Having
sealed this seam hi eilenteale winked 'Meanly about
town with a female sesepealow be had brought with
him Punwhouth. Iola& bearing kaolin to his
tide and 11111111111111111111 diamdsh7tatectees of Item. • die-
51—phiet 401004 40 leek ia . Thentaentreet
femiso Leoqi ken beet her
mak as. wlIl WNW wee obliged to seek Wage from
the violates of the leak In • hove, dose by. Re lima
waived le WI the wilds et lie Imam" and Pad

with the house in Devon&bire-buildinga, and for this
purpome went to Mr. Simmond a and inked him to purchase
it. Mr Simmouds at lint refined to heoone the
purchaser, and advised Lim to think the matter over,
as 110 doubt he would sonic toa different state of mind
on the now ; but he said his mind was made up, he
bad resolved to sell, and if Mr. Sim ~,,, nds would not have
the goods, he knew of two others whom he had been to
who would. Mr. fiveamonais then consented to look at
the property, and oiler doing so, and making vwinus in.
quince,. the bargain was struck, the money pail, and
..I posse.on was given him. At this time the complain.
ant had left the house, hut afterwanls hearing of the
sale, she and her brother got in at one of the windows.
The isueation was the t of violence in ejecting her.
The complainant said that when Mr. Siminotobt came
arid saw her skull her brother in the parlour, he was in a
fearful rage—asked her what Istnineos she had there ;
swore he could clear "the infernal regions, let alone •
house and • woman like her ;" took her by the arm,
grazed the skin, and bruised her elbow, struck her in
the face with his fist acmes the table, raced her round
the table, took of hisooat to tight her brother, and then
sent a lot of men, who possessed the ferocity of bull
dogs. He returned in about an hour, ordtred her to
pack up and be off, and because she refused, he caught
hold of her, and ordered the men to put her one of the
door-way, and then dragged her out and struck her.—
For the defence it was asserted that no violence was
used. When Mr. Sintmonds saw complainant in the
hones he asked her what business she had there ; told
her that he had purchased the goods and taken the
house, and she must go. That her brother then agreed
to re-purchasie the goods, hot the money not being
afterwards forthemiliog. he told her she must leave. She
expresaed her willingness, provided she might take her
things, which being granted, she packed up, but just
then she derlitiol to leave, and one of the men caught
her round tin, waist and lifted her out of the door-way.
The Bench regretted Mr. Willis's unfortunate pcuition,
but the evidence being of so conflicting a nature the
summons insist be diausissed.—Mr. Howard said, had his
client at the time known the facia he would not have
made the purchase, but Willis told him his wife had
gone off with her paramour, and he intended to go off
with his.

Biteisavecar A reammot.—JosepA Messrs wu charged
by his master, John Bartlett, carpenter, with refulung
to work overtime. The boy said he worked overtime all
last summer and complainant raver gave him a farthing
for it—out even •Chrietnias boa and on the anniveraery
of Alien's charity be refused !din his certilicato, whereby
he was unable to obtain the usual allowance to appren-
tices under that charity. After some discussion the
defendant agreed to return to work, and the case was
dismissed.

NC ISA -.AAR Willmore was summoned for •
violation of (be Health of Towns Act. Fined 2s. 6d.,
and costs fn. 10d.

Pia Cmic—Mrs. Bond, who was last week 11111111310111C4
for a nuisance in keeping a pig, attended to hear the
decision of the Bench, which was that she be fined I.
including costs. She declared she would neither pay
nor get rid of her pig, hut would get the same gentle-
man from London, Ur. Webb, formerly employed.