The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1867-08-20 00:00:00

DORCHESTER TOWN COUNCIL

A epecial meeting at the Corporation took place on
Monday. Present, the Mayor (0. Curme, F.eq ), Alder-
man Gilpin, Councillors G. Andieere, H. Lock, W.
Vernon, T. Bennett, F. Bennett, Dr. Aldridge, M.
Devenisb, and G. J. 0. Gregory.

THI TOLL QOUTION.

The Mayor said the first business was to consider the I
treasurer's report of Mr. J. T. Ensor's refusal to pay the I
tolls due in respect of articles sold in his repository
end determine what should be done thereon.
He read the triwurprer's (Mr. Weston's) report,
from which it appeared that on applying to Mr. Hooper,
the collector, for the amount due for things sold in the
new repository, he was told that on asking Mr. Morgan,
Mr. Eneor's clerk, he refused to pay anything.
The Town Clerk said he wet Mr. Weston on Friday
afternoon, who then spoke as • sort of eider to that
letter, saying, that since writing it be had had applies.
tins made to Mr. EOSOt direct, who had given a general
refusal to pay.
Mr. Lock asked if there were not some tolls due from
Mr. Enaor for sheep sold last fair day.
The Mayor said the sheep sold then were Mr.
Manfield's. Hooper asked him about tile matter, tell-
ing him Mr. Manfield claimed the right of selling his
own stook in his own field, as being part of hie farm.
Ile saw Mr. Ensor, who spoke to the same effect.
Under those circumstances he told Hooper he had
better take the number of sheep, but not to mace any
claim. He told what he had done to the Council, and
it seemed to be thought he had done wrong. On the
next occasion of a said, be Vold Hooper he most demand
the toll, lie supposed he did sn, and the Pone, prance
was that answer from Mr. Weston. The sheep he
understood were Mr. Fookes. He spoke to Mr.
Manfield on the subject, who said that the whole of the
field was his, and Mr. Ensor sold in the bottom pas t and
he retained the upper portion himself. Mr. Emir. he
said, bad no right at all to the field, end he could turn I
him out whenever he liked. He (the Mayor)
said he thought it a foolish thing for him to lead the '
Council into law. He replied "I believe you have 00 •
right to take tolls." We have had Counsel's
opinion, he said, when Mr. Brasfield replied,
"-But your COI was not properly stated, and you
can only claim for providing pens." He told him he
did not thick that was right, and asked him if he was
willing to refer it, to which he answered, "1 should be
very willing to refer it, and ,would be willing to abide
by the rerult."
Mr. Lock asked what was the result of the former
question between Mr. Ensor and the Council.
The Town Clerk read the report of the committee
presented to the meeting of the 9th January, 1805,
setting forth that Mr. Ensor agreed to amount in the
ordinary way for the stock offered for sale, and pay mi.
per score for sheep and 3d. for each horse, The Town
Clerk said, application had been made from time to
time for an account, but it had never been rendered by
Mr. Diem, but he bad paid the tolls on the reduced
scale so long as he sold at the repository.
Mr. Lock asked the Town Clerk if be thought the
Council could, by application to the Court of Chancery,
obtain an injunction to restrain sales on market and fair
days in Mr. Manfield's field.
The Town Clerk said he did not sew why they should
not. He did ndt see any objection to the Court granting
an injanetloo, because they could not turn round and
say the Council allowed the sales to go on any length of
time, and, therefore, were too late. It was the vacation
now, but they could go before the Viee-Chlusoellor. He
thought himself there would be good ground for equity
In the case, because they could not get a remedy at law
till next Marsh. There would, be thought, be that
ground of interference. The Vice-Chancellor, if he did
not grant an Injunction, would 111 m on torins—he
furnished.would say an account must be
Mr. Vernon asked if they were determined to have
the fair ground in one spot, or were they to have it
divided. If the latter, he did not see how the Council
could lay out the money they contemplated upon the
fair ground.
Mr. Devettish said it appeared to him the permitting
two or MOTO sales grounds was a violation of their
charters. He thought their argument was, that sales
should take place in the fair ground and no where else.
The toll collector, Mr. Hooper, was now fetched, and
in answer to inquiries, he said he made no demand for
the first lot of sheep &old in Mr. *infield's field, but as
to the amend lot he first saw Mr. Morgan about the
tolls, and then Mr. Ensor himself, she latter of whom
said he had nothing to do with it—be must go to Mr.
*infield, but he had not been to that gentleman.
Mr. Lock suggested that Mr. Kuser should be asked
to attend the meeting, but it was not taken up by the I
Council. _

Alderman Galpin said that he saw Mr. &nor, seer.,
on Saturday, who told him that be would readily pay
the tolls himself if allowed to do so, but Mr. Mangold
bad told him as* if his *Da (Mt. J. T. Rotor) paid the
tolls he would turn him out of the field. From that he
thought there was no 'doubt bet that Mr. J. T. Minor
originally intended to pay the tolls.
Mr. Vernon remarked that it would be an gamy thing
for Mr. gnsor logo away from Mr. Mankelds and go up
to the ground specially provided by the Council for
sales. Why did he not do so, if he felt any interest in
the borough

The Town Clerk said he thought it would be the beet
thing in the world for Yr. Eneor if he were turned out
of Mr. Manfield's field. _ .

Mr. T. Beouett--suggested thaS i demand should be
made on Mr. Mu, field.

It wee remarked by several that the Council had
nothing to do with Mr. Mantleld in this matter.
Mr. Look observed that they had this much to do
with Mr. Mantleld—he, by selling In his field on the fair
day, had interfered with their market.
Mr. Andrews thought it their duty first to suertain
whether the Council were determined that no sales
should take plue out of the fair ground: then, whether
they had • right to prevent any private Individual selling
on fair or other days at his own ground. Having done this,
it would be competent for the Council to take motion in
the matter. If they determined there should be no
isles held except at the fair ground, then the question
on to commutation of tie toll, or so-celled toll (for they
knew his opinion—that it was no toll at all, and never
was), ought not to be eonsidered, for they, on the part
of the town, ought to demand all they were really en-
titled to. But it was most important they should know
what they could demand, and in ascertaining this he
should be sorry for the town to be put to great expense,
end when old charter' were concerned MO or 0100
were sewn expended. The tolls of the day in question
would amount to 3e. rm., and taking it in round
number at 45., with a fortnightly sale, the amount in
the year would be £54i,; and he thought they ought to
consider the amount they could claim supposing they
could claim anything ; and next, whether or not they
would be jultified in involving the town in the expense
such law suit must occasion.
Mr. Vernon said be understood that because Mr.
&nor had gone to great expense in building on the
Arai "Pewter] ground, and out of respect to his family,
In the borough, be was permitted to hold sales there.
Br. Aldridge said he had been allowed to sell thereby
paying certain tolls, which had been paid up to the
resent time, but now the question assumed a very
difront sapret.

—ii;:beteh-iZeaked Mr. Andrews if he thought the
Oomicil had lost any right they had to mob* Mkt to
904 in the borough by permitting Mr. Mawr to sell
elsombore than the f4r ground.
Mr. Andrews said be should my that as fair days they
issidd mane the sales to one spot. but upon ether
days NW now called roarkel days, but whisk were not

the old and accustomed merket daya he should say as a
lawyer that they could not stop nevi* from selling
elsewhere, because in their own books were resorded
the days died upon in the year lei Previous to that
time there wee no fair for fat and lean stook, for if so
there would hay. been no need for the Corporation
directing at the request of the fenders end greeters who
attended a meeting that markets should be held on
Wedneidays and Saturdays from 19th April to 30th
June.
Mr. Vernon asked if the Council could not alter the
day..
The Town Clerk said be did not Much doubt that,
but be had been adrieed that nobody bad a right to set
up • market on any day to the disturbance of the slim-
ing market, and he thought that was law, sod not only
that but common sense,
for, otherwise, everybody might
have a market.
Mr. Andrews said, ae to the counsel's opinion, aecor3-
to his humble judgment the most material facts were
omitted, bemuse at the time it was stated they were not
known. _ .

Mr. Vernon suggested that they should charge a
uniform rate wherever stock was sold.
Mr. Andrews observed there was no doubt of the law
that one could not distueba market, but they most first
show they bad • market to disturb. Throughout all
their charters, no money "um was stated.
The Town Clerk remarked that in many ancient corn
markets the tolls used to Im paid by corn instead of
money.
Dr. Aldridge was of opinion that there should be
one place for fairs and markets, and he made a proptui-
lion to that effect.
Mr. Vernon asked if they could not charge the toll as
soon as stook come into the town.
I The Town Clerk pointed out that they might get into
a dillieulty with persons simply driving sheep through
' the borough.
lln reply to Mr, F. Bennett, Mr. Symonds said if they
were to beige • sheep for non-payment of toll, the owner
would bring an union of replevin, and thus the right
to lay toll would be raised, and if they were to summons
for the toll the question of title would be Woad and the
jurisdiction of the magistrates be ousted.
Alderman Galpin said they bad now a distinct and
plain refusal to pay the tolls, and he proposed "that the
Town Clerk he instructed to take such steps at he may
find necessary, either in law or equity, to determine
and enforce the rights claimed on the part of the town,
to take toll on sheep, horses, and other matters offered
for sale in this borough on market and fair days, and
more especially in reference to Mr. Sneer's refuel to pay
such led's." B. referred to the implusantoess the
subject had gamed, and hoped so more personalities
wont.' arise fru' it.
Mr. Devenish seconded the motion.
Mr. Andrews saked to what extent the motion would
go. Was an outlay of C5OO or MOO to bo incurred with-
out any further communication with the Council?
Alderman Halpin aid he was quite Whaled Mr.
Symonds would not lead them into an/ unjustifiable
expense. His View of the matter was that if they
could not enforce the toll there, they could not any-
where else. He thought the/ must not shrink from
the espouse, though he was sorry they were forced
into it, and he felt that it was done from personal
feelings to members of the Council. He demurred to
Mr. Andrews.' inference that no tolls were taken before
1806 from the entries in the Corporaticn minute
book.

- il-i. Andrews said he thought that most reattotrable
persons would gather from the minute referred to that
there bad premousty been no market for the sale of fat
and lean stock. This was the entry :

" 136, April 7.—lt haring been suggested by some of the
principal farmers, graziers, and butchers of the county of
Dorset, that it will be for the public advantege and con-
venience to hare fat Mai leen sheep end cattle sold at the
market for this borough on Saturday, the 19th day of April
Indent, end so on to continue every fortnight until the Silth
June next, ineltbrif e,—lkanived, that the some be approved,
and a proper place appropriated within the said borough
for that purpose, and that an advertise:dent be inserted by the
Town Clerk in the Salisbury and Sberborne newer:ever,
Christr. Coors*, Mayor."

He thought be 'was justified in coming to the
conolueion that no inch market bad previously existed
by the feet that after the ease had been before Counsel,
on searching among the old minute books he found the
following paragraph:—
Wednesday, :fitrd July, ,1640.--nemit Market—lt Is agreed at
by motion of Matthew Bowyer, that the Sergaant-at-Mace shall
on St. lunes's Day newt proclaim that If the countrymen
will bring In their &beeps and cattle on any market &yea,
privation shall be made for prang of their sbeepe that shall
be brought ix the market to be sold.

It seemed clear to his mind that no sheep were ever
sent to market before that time, betarme there was a
request that they should be so sent in the minute book
of 1640. Again, as to what was called a toll for the
sheep, it never so appeared on the books, and the only
charge made was for pens. In confirmation thereof
there was this minute in the Corporation book :-
1006,June Pk —Reeolved also that the price of the pens
for cheep at the fairs and markets he raised to la 6d. for every
more of seem and lamb, on amount of tbe advanced prim
of hurdles, to commence next fit. Janace's Fair, and that oath*
thereof be given by advertlasment.—C. Coarait, klayor."

It did not show whet was paid before, but that clearly
referred to the fair; for in the treasurer's accounts they
found that from time to time he received so mach for
" hurdles," nothing for "tofu." Therefore, he thought
it important they should know what the "toll"
originally was before they went to law to claim a toll.
He should like to awe the whole facts stated for Counsel's
opinion.
The motion was then 'emitted, and it was carried
&a, after Mr. Andrews had elicited that Cennwes
opinion would be taken before any action was proceeded
with.