The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1876-04-08 00:00:00

cgotal nub pidrict gal/5.

LOCAL LAW CASE.

HIGET COURT OF JUSTICE.-CHANCERY

DIVISION.—THUESDA.Y.
(Before the MAsTEE. or THE ROLLS.)
PLANT V BRISTOWE•

The hearing of this motion by a debenture holder
of the Birmingham aud Blakely Hall Coal and
Ironstone Company Limited, to set aside a sale of
the colliery, was resumed. On the last occasion it
was stated that a fresh purchaser had been found
and the motion stood over to let it be seen whether
Mr. Thompson would be accepted as a tenant by
the lessor of the colliery.
• Mr. Chitty, Q.C., appeared for plaintiff; Mr.
Saxburgh, Q.C., for the former purchaser:; Mr.
Davey, Q.C., and Mr. Phipson Beak (instructed by
Messrs. Millward and Whitehead) for the defen-
dants, the Company; Mr. Grosvenor Woods for
the new purchaser.
It was stated that the new purchaser had changed
his mind and declined to enter into the contract,
and that being so, the terms under which the
plaintiff had been put of finding a purchaser re-
maining unfulfilled, the uction must be abandoned.
His Lordship said an undertaking had been
given to that effect, and the action must be dis-
missed with costs.
Mr. Roxburgh said with regard to the costs it
had been stated that the plaintiff, Mr. Plant, was
in a very impecunious condition.
His Lordship was sorry to hear it.
Mr. Chqty did not think it was so.
His Lordship recalled the German proverb that
"when a man has nothing even the Emperor loses
his rights."
Mr. Roxburgh feared that the truth of the say-
ing could not be disputed.
In the result, after some further discussion, the
action stood dismissed with costs.

Re Edward Lay Higgs, of Darby End, Netherton
Commission Agent. A meeting of this man's
creditors, was held on Tuesday last, at the
offices of Mr. Wall, Solicitor, Stourbridge.—
Liabilities ,2540 odd, and Assets £9.—A composi-
tion of 6d in the pound was offered and refused,
and the petition fell to the ground.—Mr. Wall
supported the debtor, and tr. W. 0. C. Addison,
opposed on behalf of numerous creditors.

- -
APPOINTMENT OF OVERSEERS.—At the Petty
Sessions held yesterday, before Messrs. F. Evers,
and J. B. Cochraxe, the following overseers were
appointed for the several parishes :—Clent, William
Phillips and George Ellis; Cradley, William Taito ;
Churchill, Robert Thurston and John Whittaker;
Lye, Reuben Hatton and Thomas Hatton; Stour-
bridge, John Taylor and George Whitwell ; Upper
Swinford, William H. Brewer and William Henry
Westwood; Wollescote. Thomas Hill and George
Hill; Wollaston, William Jordan and Henry King
Broom, Walter Hickman and John Fox; Pedmore,
Thomas Brooks and Alfred Wooldridge ; Bel-
broughton, George Freeman and Thomas Penn.
SURVEYORS ACCOUNTS.—Tho accounts for the
several parishes was passed.
REFUSING TO Pay TOLL.—David Williams ap-
peared on remand charged with passing through a
toll bar at Hagley without paying the usual toll,
sixpence. Mr. Prescott appeared for complainant
and Mr. Perry
Mr.
The complaint was
admitted and Mr. Perry said, for the last thirty
years perm ns living in that lane have not paid
toll. whether they were going out of the lane, or
whether they went into the lane. It is quite true
that several persons now in , the villiage have paid
rather than contest the question. But it had been
the custom for more than thirty years not to pay.
Mr. Prescott said Mr. Perry's argument is falla-
cious; it is impossible for a custom to override an
act of Parliament. The tolls are put up by auction
and bought by the lessee, and because a servant of
the complainant did not ask for toll it is no reason
why they are exempt. Mrs. Handly, an old woman,
said she began to collect tolls in 1843 and continued
until twelve months back, the old parishioners then
were free. John Waldron said he occupied land in
that lane 33 years and had never paid toll. The bench
retired to consider the verdict, on returning into
court, Mr. Cochrane said they did not consider
defendant had proved his exemption and ordered
him to pay the toll and Costs.
CHARGE OF PERMITTING DRUNEICNESS.—SamueI
Rutter, landlord of the Britannia Inn, Coventry
Street, was charged by Superintendent Freeman
with permitting drunkenness in his house on the
29th ult, Mr. Perry defended. Police-constable
Taylor said that he visited the defendants house
about a quarter to five o'clock. Saw two men in the
house drunk. Called the attention of the defendant
to it, who said that he had not filled any ale. Told
the defendant that he knew he had not as he fol-
lowed a Man named Kilcoyne into the house. Left
the house and visited it again in a quarter of an
hour with Police-sergeant Jones and found Kilcoyne
still there drunk. Police-sergeant Jones said that
he found Kilcoyne there drunk. He told defend-
ant who said he had not filled him any ale, but
the man had some ale off persons in the kitchen,
Mr. Perry addressed the bench for the defence,
and called the defendant who said that Taylor
only came to the house once. Joseph Eglington
and Sarah Pagett were called for the defence.
The Bench considered
_that defendant knew

drunken man was in the house and fined him lOs
and costs.
LARCENY CASE.--Emily Glaze, of Brierley Hill,
was charged with stealing on the 30th ult, 12 pots
of musk the property of Henry Godfry, value 4s.
From the evidence given it appears that defendant
is in in the habit of buying and selling musk and
had Often dealt with complainant. On the above
date she took twelve pots and put them into a
hamper. After hearing the evidence the Bench
fined defendant 14s. and costs, and ordered to pay
the value, in default 14 days.
Friday, being Good
issued, but two
.—Next
FriPdaoLyicEnoßususimniszsosn. ewill
be
Magistrates will attend .on Thursday to dispose of
the cases of any persons in custody.