The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1869-02-23 00:00:00

IJPWEY.

T. E. P. Ltrunr, Eat., County Court Judge,
hard the following ea= at Weymonth Court,
relating to the pouod in this village.
The flight Ifon. the Sart of liekester, an lord of the
manor of Wyke Regis and Elwell, and Jethro Water*,
hayward of the manor, v. Botoditek—Tbit was aa setion
of ejectment, to recover possession of aita of land,
Carey
used as pond.—J. T. Baskets, ~ appeared
for his lordship, and Mr. G. Andrews, of Dorchester,
for defendant. —Mr. Baskett said defendant had re,oently
purchased tome cottages forming one wall of Ellir4l or
Upwey pound, had taken poravaiosi of the pound. Lad
the action was brought in the name of the lord of the
ouusor, who was entitled to the waste, and 'who" °Meer
was appointed to take *barge of the pound. As to the
hayward's title, he proposed to all the halyard, who
would prove that he was appointed at the lord's court
28 years ago. The hay ward a office was to take (Marge
of the pound, and impound any cattle brought there.—
Mr. Andrews said the hay ward was to take cattle to
the pound; but when they were there, there was
another officer =lied a poundleepar.—Mr. Bake= said
the hayward might also be poood.kseper. He =aimed
title also under the hayward in this way—that it is not
open to the defendant to set op any title himself unless
be pat them in the position of which he had wrongfully
I deprived them. He had asked for the key and promised
to return it, and by so doing admitted the title of the
person who lent him the key. That being so he is
bound, before he can dispute the title, to pat the
person of whom he borrowed it in possestion of it again.
Mr. Bathe= referred to the Cale of "Do,, demise
Johnson, v. BeYteP."—liis Honour held that was
derisive, and salted on Mr. Andrews to Prove his
Mr. Andrews said he would do that when Mr. Baskett's
fa= were proved.—Jethro Wetter, mason, of 1111tve7.
and 70 years old, was sailed by Mr. Bathe= to relate
how he loss possession of the pound, which belonged to
the manor of Wyke Regis and Elwell. He said: He
had lived at Carey all his life exeliet about 10 path,
and was the hayward, baying ben appointed 28 years
ago. John Legg, the hayward before him, delivered
him the key when he eerie back from the court at Wyke
In 1840, and he had had possession until lest Wine,
hawing impounded cattle there. The sole =easement
of the pound was his, and he kllllll eke key. Dia feet
was lid. for turning the key. lAssepriiy Mr. B ,wditch
asked him to lend him the key, for "he was eolnioll to
look at the pound. Witness did not know what " he"
he meant, but told him to let bim have It again when
be had done with it; when he muttered "Very well," or
something of that sort, He did not make any claim;
but said he only wanted to look at the back of the
building. Nest day witness asked him for the key, and
Howditeb told him he should not have it again, and had
kept possession over sines. When he refused to give up
the key be raid the pound was hie.--Crosseamlned by
Mr. Andrews I was at Wyke court, and Presented that
the pound was out of order. Mr. Bathe= was then the
steward; but witne= could not resale= any answer
Mr. Bake= gave. Mr. Baskett had not told him that
he had nothing to do with it, Out he bad told Bowditeb
that he had had no orders from Mr. Bakett, and ha had
better repair it himself. Did not ay "You hold your
tongue, and you and I will have it between us." Fat
settle were sometimes pet in that. to rest. Bincombe
People and others around there pounded In the place.
limo about 20 or 30 gourd. The cottages that Bowditch
bought formed one side, and his cottages the other.
Home of Bowditth's windows looked into the pound, and
Mr. Homer bad railed off that pars in the pound. This
we. done whilst he was haywaa. If thla railing had
not been there, the eattle would break the windows.
Could not toll when the higher window was put theta
—Mr. Bathe= remarked that this did not affect the
questioa on which the matter, by the &maims of his
Honour, was to tarn, and Mr. Andrews was requested
te confine his oroes-eamination to the circurnsbuices of
the key's bang given iap.—Mr. Walter., in father
othes-eamination, said he went with Barditch and
unlocked the pound, and defendant would not let him
have ehe key.—Mr. Bakal submitted that defendant
mat give up the key first, and if be wished to obtain
possession, do so in some other way.—Tbe Judge, on
references to a sea, agreed with Mr. Baskett, and Mr.
Andrews proposed to call Bowditch in show that no
hand was easmitted.—The defendant Hardie& said be
partitioned the cottages adjoining the Pound. Two of
his windows looked into the pound. At Wyke court in
1840, he was with Jethro Waiters, who said he went
tuatara with Mr. Haskell, and asked for orders to
repair the wall; bat Mr. Basket, mid he had nothing
to do with the posted. He afterwards said to Wieeeee
" You hold on, Bowditeb, sod well have the pound."
There was a sale of property in Up wo in A lieut. 1867,
and he bought some cottages adjoining the pound, and
afterwards pulled down the pound wall aid rebuilt it.
When he asked for the pound key, Waters told him to
take It; but afterwards called altar him, and went with
him and unlocked the door, eat down moms rattles, and
afterwards gave him the key; but did not tell him to
sire the key back. In the afternoon Waters asked for
it, and he (witness) told him he would Ist hiss go in
when he wanted.—His Hama considered it was a elear
ease, and gave a verdict for the plaintiff, with coat..
He also 'thought Mr. Andrews would OM the &filthily
of passeeding any farther with the case, altar the
description a the oroperty in Up way eoiri at the We in
Awns* (which baA been produeed in Odin* and showed
how more Bowditob pnrehdowd).