The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1865-10-24 00:00:00

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fIIiST COUItT, Witnnesner, .
(Before the Lord Po , Chairman.)
The Court opesed at ton o'clock this morning,
and the proclamation against vice and prof-assume.
hiving boon read, the noble Chairman piciceeded to
deliver
THE CHARGE TO THZ GRAND JOB!.
I 501 sorry to say I am not aide to mingristulate you
upon a very short calendar, for it happens that we have
a greater somber of primmer, to try thaw we have
usually at this 1M,i..41 of the year. The cams, however,
are so Ample. Mist you will have very little difficulty in
any of them that avid tome before you. There is
one use witioh nue be presented to you in one of two
forms, vii,, •um of inabilities wounding. If it should
take the more winos form of the highest offence, or in
whatever shape it is brought before you, you will 01e....e
be so good as to deal with it as • matter of fact. If the
' is sent before you on the heaviest charge, we shall
' deal with it in a different form to whist wo do
—.ally in this court. If the facts justify you in finding
a bill, Joe wed not inquire into the merits of the cave,
or into the cotweeptenoes of $lll/11 fipfitOW, butsitifilty dis-
charge your daty and sity " hair' oe" no leill.o llm ether
eases ate Of' ouch Ircomiunn tiatore that if you will rely
upon year foreman to suit theist just sufficiently he mai/0y
you that titers iii a prima/wig case againalt the accused,
without attempting to go into the merits of enoh aa,r,
or iti any way wasting your time by trying them, but
:aimply to NM that them is stitfinient to justify you in
puttine a man on hits trial, a ou will very much facilitate
your own work and that of the Court here•fter. The
calendar will show you there is as considerable increa-e
in the number of criminals eouinsitted to gaol during the
last quarter. I should be exceediegly sorry If •II that
crime was attributable to persons connemed with this
county; but there is this consolation, that • largo
number of Cone additional prier:eters are persons coin-
mitted for naval ofences, and, therefore, in point of
Le+, da sot show an iticream.of crime in this manly.
There is, however, I must not flinch from saying some
increue in the criminals of Dorset. On the present
calendar theca is a mach Urger proportion time I have
eme before of thb pervocs. charged who belong to this
county. I am not one of those persons who have
AlltiMtl. Into mush theorising as to the Mercier or
' lbw diratutitiott of mitue ; one man -attributes one
thing,, iiiinl _ another another, as a muse of
.. lucre.. 'lll. milt thing i an. ugliest to
youLatidielitt perhaps soo4 of us are n little deficient
In—ilk.tinth we GO 110 t StlaCialltly weigh the inauteuse
linpartance of a good example. We erten apt too mush
to indulge in pi-map/1.4m do all We can to promote
education, which is all very well, but, depend upon it,
the thing -that tells mut open the people below us is as
4 example. I think this,. is the only poles that kaa
at before grand itlllai and Were
i therefore, though I am
, ri:t rti fail here more than else'
oil (maniple to those beowith vs, I
think that we , all try to backep net precept, by
setting • good esminiabre4rtr, gentlemen, it lias hen,,
customary at lituth the ‘.
bring before you any
ii
chauges in the few thelfutth. .ken pace. The changes
during the pre Mok .sesien . suo# as not at all to
affect the cow 1.011 business of Ilk except that Act, tit,
7,.h and 9th orthe last semion of rnrhament, which
comes into operation at Lady-day next, for charging the
whole of the in the rations upon the union rate.
That will in -41 very great change throughout
the whole i and will piebably lend to
ilito.
a more aeon . Ind careful examination of the
parochial assiargamthi in each union. It has been our
ityto endeavew tic form the basis fer a new county '
rate. We have Aalleauch advances in that matter that
we hope at the next ions to be able to lay that basis
upon the table of thert: We rre very anxious you
mlithitlfittiy Midsirthentl that we do it on tbe 'tette' that
;Unit,* flanreAnneltualintnitkeee have endeavoured to
re Ibeit Orgril,gettmhtial assesunents as fair between
each individual past A-as it has been in their power to .
do. ;Our duke 1141 heels ratter to see how we may '
. • an auesament that shall make unions bear fairly
'C esth pes.7.- Yin. Meet bear in mind, wheitt)te
:Comes be You, his look upon it as an attempt,
to mutt the unions hit, without going into the parishes;
we treat to the Union Assessment Committees to saw
that one parish is fair towards another. We shall en-
deavour to make the basis as fair as we possibly calm,
bet we look forward to this—Ova when the new union
rating comas into openvion, the guardians will pras-
-liably take mem pains to aee that the rates are
thoroughly ' fair, and we shall be able by
means of the county rate to maks them
entirely so. Though there are no new laws, there
was one proceeding during last year to which I think it
necessary to call the attention of the county, arising
not out of the law' but oat of an interpretation of the
law. It is a ease that is well known under the name of
Lord Exeter's ease. He thought it worth while to take
She fa/poen, of the highest court of appeal as tether
question of property in game, and that Court has
. decided that the law—not any act of Parliament, bat
, the edahlidinthirw of the realm, makes game—dead
. pm 6, The property of the min on whose land it is found
dead, mottled the person who taken any dead game from
any land beeemee liable to be prosecuted for felony in
the same way as if he stole a fowl or a 11100.
Therefore, I think it right that I shodid
@tete 'his thus publicly as it may give a great
warning to parties who may not be at all aware of
the new position in which they are placed supine mg'
1 they are brought before • magistrate for stealing—as it .
i will be under tins decision—dead game. Probably this
decision may lead to some material change in those laws
hereafter. After some remarks to the grim' jury as to
! the order of taking the oases in the calendar, his lord-
ship sod that he had been informed of cases in which
solicitor, were employed, who rather kept back such
oases from sousing before the grand jury, and he advised
. themif Slav ocuild out get the parties ibefore thent to
report theicticumstance to the Court, when the Colts in
1 those them irony be stopped, and that would probably
pretreat a reptlitoos of the practice:

aret.ma.
The Weymouth Waterworks Company, appellants v.
the perish oftioeni of Preston-cum-Suttou Points, respon-
dents, and the Weymouth Asemenient Committee ao-re-
voiedenta. Mr. Stuck, Q.O. and Mr. Colhns were for
the elVelialita, and Mr. Prideaux and Mr Ftooks for
the respondent.. Mr. Stock in Mating the cam in
support of the appeal said that the water-works
oompany for supplying water to the In nitvits of
Weymouth ad Melcombe i/egis, and the surrounding
aseghborerhoed, obtained an Act of Parliament
for the which came into oper•iion
in 1787. Water was supplied under that Act i 111 1861
when a new Act having been obtained, the old water i
works were given up, and the new water-works erected
in the parish of Preston-enta-Suttun Points came Mee
operation on the 24th June 1857. The Couipan 'Bl
Ifillstertiere in'Preatoa trere ;:ltsseingife limited, ' • •
tiesterrisinte in that parish being °illy 19s. 11h 4r
year; Radii.* MOO Is. lid; Melcomhe Rees,
£2,088 18..; Way Ismail, £13818..; Wyk., £10713.. tid.
T 44 Company's works at Preston mudded of an acre of
An 4 used as a reservoir, an engine house, he., whioti
lad previously been rated to the parish at £lO6. rated
'vales, but in October 1864, the overseers of that parish
raised Ws rateable value of the property to £4OO.
This increase was so great, that the oompaßY
at coos determined to appeal against the rating as being
incorrect, n ' ufair and illegal. Aooordingly notice wan
en the Assessment , Committee, on the 27th
Ism. but the dreams of that oommittee was
' S meda known till the Sish of Julie I et, so Mat the
IZaab.r
armipsay had for a whole twelve months been compelled
In:pay what they believed an illegal and exonerre
aThe Acts upon which the present appeal was
were on the sth and 6th William IV., and the
. In Trades AM, from which it would be
red that it was illegal for any waterworks, gm, er
spilt like company, having their chief source of supply in
nue perish, to rate for parochial purposes any profits
Minivable from the mein*, pipes, ho., tanning in other
=es. ID support of this view of the mve he, 'he
miumel,guoted a large number of reported iss
and contended thet amordieg to the views laid
ay** learned judge before whom the several ease*
here tried, that the overseen ought to rate the cam
.by only for the water works and other building,, the
hales of pipes, (modelle, he., and the leads orcupied
es reservoir, he., first, according to their agrenth
halve, aid then adding to them an additional „4
upon the gross amount as being of greater anguish*
tar water +forks purposes, and the profits on the 'Merl
i
iltdi in the Parish of Preston. Mr. Elaokealv. whale nlaid call before them had fixed this at 110 per mirk.
ga.. tapsgig thosght this Ms greed, bat it wits better NW '
their own witness should err on the right aide—over
friftellintit SW itwerestM. rather than aader esiti=nsi,
Mr. awkelley had gone a .refullyisto the
the ease, and the utmost rateable value he bad bees
able to pat aeon the company's works in Preston was
g 292 134. Mr. Hawkelley was then examined te thew
that the rating was £lO6 greater than he saddest...xi it
ought to be. Lord Port 'an said that • gentlemen
kegminted with country life weld see at onos that l&
Fleiwtosley had fallen into some great roistsiteu in NM
=ltTaking these mistake* into consideration the
between th.appalluats and respondents would
be eery eossiderably redueed. In short, the difference was
so small that its thought they might arrange the
whim without proceeding farther. Mr. Stock said Lel
lad liewerat other witnesses to support Mr. Hawkwiley'sl
editaelen. Mr. Friesen.: mid be did evidelace an prolire
LW the property was now greatly under-rated—that, m
short; the rateable value of the water-work's property'
in Preston perish was £540. Mr. Prideaux replied far
the defense and celled Mr. Ryde whorMed the propliZyi
for the pompom
althe amessment. The Court tho hi'
no Mbar 'dream were necessary and soefirmed e
rate, ordering that each party pay their own costs.
TSL&I4I 07 ramongsa. .
•
Elisabeth Newman, pleaded guilty of stealing theme
of £5 19.. from the person of George Hill, at Beaminater,
sod Thomas oorner, alias Campbell, musician, wet
charged with receiving the same knowing it to have beet
stolen. Elisabeth Newmaa wee sentenced to three
months, and Corner to four *oaths' bard labour.
Jane /Mary, 28, pleaded guilty of stealing • hear*
rag, a silver spoon, a lady's alernaket, • file, and Mime
a, the property of Taylor, at Burton
Wiper is whom
' AI iirai lliii di
the artieleistet
the old miep:' e
• three sooW
Wa4 Ohaa/141 with atiorips, a
at 111- • , an Ow 2911 &p.
Wareham, a toy 100 keeper
-..si wows for a Inv-omen -Qarles Abbott.
ants called and he said he draw' half
Age' the prisoner at Mrs. Werehme n
owtweerd....4l/2ksermr_46trte•tne , air41.12:4g....4,
Sentenced

PTP!rtY

Au' VW,
'll. hat •

bed one.