The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1882-09-05 00:00:00

THE COLONEL AND HIB TAXED CART.

•
At the Borough Petty Sessions on Friday last, Colonel
Frederic Hine, Royal Engineers, of Lydstep Rouse, was '
summoned by the Commissioners of Inland Revenue for
using a cart above Scat., on June 20th, without a proper
licence, whereby he forfeited • penalty of £2O.
Mr. C. 1. Atkins, the supervisor. prosecuted, and on
defendant's behalf Mr. Polly Hooper expressed to the
Bench Colonel Niue'. regret at not being present, he hay-
ing been ordered away.
The Mayor: Not to Egypt, I hope I (A laugh.)
Mr. Pally Hooper continued :—On behalf of Colonel
Hine I plead guilty to this cam, hut I have to address to
the Bench • few words in mitigation of punishment, and
when I put before you the fects you will consider,
although technically my client is wrens, the smallest coin
of the realm will be • sufficient recompense to Her
Majesty's Government for toe offence. On the 9th of Jute
my client, who command. the Royal Engineers here,
bought a taxed cart, and on the following day he did what
is proper. for he Calls to the Inland Revenue Office and
took out • licence for • c srriage under Icel. On the 12th
of July he got • Letter from Mr. Jolliffa stating bethought
the carriage wee over weigl•t On receipt of this C slonel
Hine did whit any gentleman would do, be got the
carriage weighed and found it was • trifle over 4 cwt., but
not over 5 cwt., snit he went to the Poisteoffice and tioik
out an additional licence—a two guinea licence—and than
wrote to Mr. Jolliffe informing him of what he had dope,
and making him to return the mone_e which be had pre-
Irina', paid for the 15L He received another
letter from Mr. Jolliffe who said be could not return the
15s On the 26th of July Colonel Hine got • letter from
the supervisor at Dorchester, which I must read to you in
full, considering as • Government official he should have
written personally, instead of which be sent a printed
letter, which I cannot stigmatise too much, and which no
Government ought to allow to go forward.
The Mayor: I hope you are not going to And fault with
the Government.
Kr. Hooper I should fled fault with this Secretary of
State if he had written such • letter, and I put it to you
personally if you would like to receive it. The letter is as
folows :
" Inland Revenue 0:11ce, Dorchester, July 26th. Mt
"Sir,—l am directed by the Board of Inland Reeenue
to acquaint you thg they have ordered an information to
be exhibited against you for using • carriage without •
proper licence, but tMt they are 'Alum to stay the pro-
ceedings upon your paying a compromise Fine' of one
pound. Should you elect to pay this sum rather than
have your case brought to • bearing before the
triton the amount should be paid to me without delay
but it is to be understood itat such payment is perfectly
optional on your pert 1 am, sir, your obedient servant,
Countss T. Armin I am also directed to inform you
that no repayment can be made in respect of the lianas
Improperly taken out by you for your carriage in the
first phial. To Lieut-Colonsl Frederic Rine."
I will now real his reply ;
" Royal Engineer 061ce, Weymonth, 27th July, Ifra
"Sir,—l have the hoaour to acknowledge the receipt
of your letter of the 26th inst. informing me that the
Board of Inland Revenue hale ordered an information
against me for using a carriage without a proper licence,
but that they are willing to stay Proceedings upon my
paying • 'Compromise Fine' of it In reply I have to
state that the circumstances of the cam render it quits
impossible for mete adopt the course indicated, as doing
so might be construed into an admission thet I was
isctrict in edbjto aimpr.rota indr muile wi
lvesintakqiuingteou!ianllining tbt thesuffi.cient
ite.
case should be brought to • hearing before the magis-
trates, but I must distinctly Medias to enter Into any
arrangement Partaking of the nature of • compromise,'
and I have to request you will be good enough so to
Inform the Board of Inland Rowena —I am, sir, your
obedient amomit, F. Mix, Lieut-Colocial R.E. To
ChrorlesT. Atkins. Seq., &gymnasts of Inland Ratan%
Dgiolgaisc.-

Mr. Hooper esti all this folloeed the summon. a month
after ; he maintained it was altooduer an shooed strain-
ing of the law, for directly Cc: Colonel'e attention was
called to the =tier, be took out ant.ther licence. He wag
wrong in U it having the carriage first weighed; but every
ono who knew Ccl fuel Hine knew tie w mid be the last
p neon to attempt to evade his legal liabilities Th-re woo
no intention to defraud, and he did CI which • gegthunan
could. The word "compromise is a diegrace "rout.
pr .mise (5" toe gentletuan who acknowledges he in in the
wrong The Colonel had already been mulcted in • tine
of 154. to whice the Board bad no right, but Government
is like a Corporetion, and hare no .oUi.—(l, Aught tr.)—AA
Colonel Hine bad mattered sufficient penalty. Mr. Hooper
naked the magistrates to reduce Cue In. ti the lowmt
Gan of the realm, as that would meet the justice of the
caw.
gr. C. T. Atkins, who appeared on behalf of the Com.
mieconera of Inland Revenue, said Mr. Hooper bad made
a long speech, but be was altogether wrong about the
nature of • "compromise." The Commissioners are
empowered by Act oh Parliament to offer a compromise in
this or any other case. By. the Seth sec. of 7 and 8,
George IV., cap, 63, Batistes In all cases where • proescu-
tiou is pending the Commissioners may at any time before
judgmett le given compound • prosecuti n by the accept-
ance of any sum of money which they think reasonable
by way of compromise, and upon payment of such sum
stay all further proceedm,v"
The Mayor sail Mr. Attune wed the legal phraseology.
hut Mr. Hooper thought he should have used mercy and
kin lime inetead of compromise.
Mr. Atkins recited them are the words of the Act.
The Mayor: You are quite right; but Mr. Hooper gave
hi. client • good character, and witu that they could not
find fault.
Mr. Atkins replied: We have had to do with both rich
awl pour. The last. time I had the honour hi appear
before you it gym in the cue of • poor sitS,, now it is n
rich mci. I can prove the urriage aeighoet Suet,
so diet it is out of all remon lor the geutionnan ti tusk
his carriage is under 4o: st., awl unit-s toe otficor had sees
it, no do dot the seuti..usau wout have heel ii .t the low
rate of 16a... I te • very growl ca.e. and! hope the Bench
will not indict the loweet tine. It in to unusual thing or
hr annlllll,l.ollorll to couip.o.ois• ; in every first Case
the Met • "compromise hue.'
Mr. L mufti mked Mr. Hooper if it was the use of the
w.r.l"c ,tuprouswe 'ti which he objected!
Mr. Hooper assented; but admitted his aide were
emus.
Mr. George foal fle then proved he hid seen the counter.
part of the weigh note for this carriage, and the wing-.t
wee facet. lilt.
Mr. Allow added it was the duty of the purchaser to •
ascertain the weight of his carriage boleros taking the
tc-nce.
The Mayor geld the defendant would have done well to
fall In wto the suggestion made ti him ; the Supervisor
bat used the pure swords of the Act of Poirliameot and
would not have been Notified in using any other, lie did
his duty vary fairly an I properly ; and defendant would
have done well had he aceo.pted the eagamtiott. Defoe.
dent must have known It was hie duty to have the carriage
weighed, and the Inland Revenue had acted very lenient.y
in offering to Caosyr =hie the case for IL Mr. Atkins
had used • very proper expression when he said Govern.
merit made no dittincuon between rich and poor. They
had had to line. p 'or man, and could not make .ey dig-
tinClien because anotoer was • gentleman. Mr. Hooper
• had :wide the beet of • bad case, and defendant would be
fined LI witmout coat..
Mx. Hooper said his client had got all he wanted in making
the matter public.
r The Mayor supposed the Colonel wanted to make it
known this was an error of judgment and not wilful.
Mr. Hooper assented, and thus dila case closed.