The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1863-03-31 00:00:00

TUMSbAIr

BLUM OF PROVISO OF MAIZIAGI. bylaw r.
Boreton.—Mr. Prldeaux was mimesl for the plaintiff,
and Mr. Oole for the defeodant. This was an motion to
mover the rum of £lOO.. damage. for • breach of pro-
mise of inerriaes.—From the *praise statement of the
learned counsel for the plaintiff it appeared that the
latter. • young person 96 yean of all, and possessing
coasiderable personal attractions, lived with two brothers
at North Newton, a hamlet in tbe parish of North
Petbertoo, near Bridgwater, and, though in humble sir-
etunetentes, was very respectable The defeodant also
lived at North Newtm and was about slaty year, of
age. He was • gestienrn pormeng considers pro-
pm-ty, he having admitted thth he was *orb at least
£1,160,
,Ipsd that bh Wise anti land wattle let for oa.
year. From the thbe *hes plaintiff drat *ent to Rs*.
ton to live, about four and • half years ago, defendant
paid her marked &Stadion. He at drat visited the
house every day, and al Wreaths two or three 1i...-
day. They grew very food of each other, and Mondani
wool,' sit for three or four hours at a thus with his arm
round plaintirs waist. Defendant told many of his and
her friends that he intended to marry her, and Ist
upon St. Matthias's fair day (Ilse last Wednesday in
Bspeember) last year, se the +eddies day, He borrowed
a sari of a neighbour mused Lee, mad went to Taunton
with the itheation of having the beaus published at
Wilton church. He, however. altered his Wad
be cot there, and reethred to so to Bristol, to be married
Mime. He asked Mr. and Na,. lee to go to church
with Umm, and told the latter that he loved the plaintiff
dearer than his own lifa and that be could pet his hands
on the ground sad let het walk over them. He also
told tier younger brother that ha inMaded to take shy
his sister and marry bar, and ha was to Donis and live
with them, if his sidor brother pee up housekeeping,
He told UM elder brother that he had bought • piths of
land of Bar Thomas Asisad for £132, and that he was
going to build a holes upon it and give it to plaintiff.
He said further that he should give her £lO6 on bar
day. Ia spite at these promises, however,
dTfrelnaret, oa the morning before the day ha had Amid
for the ...Odium went to Mrs. IRS, and told her that
be had heard plaintit bed a had temper' sod Mr.
David Bell had told him if be married he, be *Maid
have to keep hat mother. He should therefore &Mime
to marry bee asul be broke off the eapgemeot ac-
cordingly. On the Bth of October following • quarrel
took idami beavers thane Plaiatid found defeadaat,
about nine °Week Is the reusing, asleep in the house
of a woman pained Parsons, who, although married,
did not lir with her husband. It should be mid, how
-
e'er, that Mrs. Parsons warn not in Um boom at this
time Mastiff bearing of the eirearostanse west to the
house, and, according to the evidence of a witness for
lb. &hum, emaght her late arise& lower by th=
sad best his heed easiest the wait When she
him re ehallonged him to go out is ths road sad light
It set like • mea. Defendant declined, saying be had
never raised hie hand aethast a women, mid would not
begin to de so now. tire that she boxed his sere for
him, and labored him to Ms house, where they re-
mired quarrelliag for three-quarters of an boar. After
this plaintiff went to Mr. Used, • solicitor, at Bridi-
water who wrote to drearst, tellinallthin he bad in-
to action f of promise
al marriage. To the letter defend:art made ao
and the threatened mutton courequeally eoutreesoth.—
Mr. Cole, for the defence, said this ease afforded another
illostestion of the truth of IPor's liar, "That Hay
and December can never, am never agree." He did riot
deny that there was a promise, sad that defendaat was
very food of the plaintiff ; but he contended that pith..
tirs violent cendeet ea the everting of the Ma of Octo-
ber instilled the herldag old the rpgsmodt. Bat
besides that be sherd mar witassees who meld Move
that on the Bth et Orsher plaintiff said in the hears(
of severel persons that lin yeand not marry Me so
old "bag" as delendhat, and that Ikon was think, •
,replete erreatio• and Mere from dm prossies Is
marry. If, however, the jury should be at epithets that
there woe no exoneration or raiser, thee Übe Meg kill.
ins damages word rest the juries of the sus, harm
It was aboard to suppose that with sash s disparity he.
tree their ape the *red relit her salered mash
tras the injury to her Marge hest adissaisas. The fast
was theta trap bed bees kid firths oki gentdemir and;
he, Insiody, lading "Al. Wee the weeme'skoper, hod
avoided Use seam and now sr made an *trek mies his
popery. The hared sorer dried that defeedar
was • man of seridenable property. Winn ha Ira dull
H2OO or 11300. which Ives jest margh to keep him out of
the workhouse is kis old mem Several warmss having
bass ermined for the defers, his Lordship sammed
: ismajel,* observing that ter four years defeadast
hid en the eistery at having we, bbsMeg
s elsotioes, lie mast pay far 11 11 Um jury road
illakki that there was as reaseation and Meer. At
the sere time thsy should sot pjmi radiative daammic
but rob am smart es *rarer think fair and reuses.
@Me after arias soatidmisMen al the ere- —The jury ,
lihrsted for • short time, and this Smug • nadir for
the plaintiff—damages £BO.
Hoses sy. Pa Mr. Ifiralagla Smith, Q.C., and
Mr. Ook were for the *raid, mad Mr. Paideaux sad
Mx. Polkaed for dm dedeedeat. This was an metre to
newer the se. of HJO, Traw on a cannot, and
dechnited from pistatir seam& Too plaintiff
is Light khatry meldieg at Weir
mil dellikvilarl la marry rid eerier of
HalleViirbsek at that tows. Sim Moo in
the wrote armee on Nosnits.annsiroes
-ens, when had an rerat,lsek brag nasertre as
I. the sum he rem** did ar El in the mount er the
Imre, some He tore or the donna and plead it in
his amps hook. Oddilil he parr In Ms desk. Bars tine
aillerwardsbe miser theobtur,lost ears so thyshont
It at re hank. At Christmas last how.. auppllsd with •
.vis.beek.and he the. dissorred time the mks* ahogr
' hem dribi4 1* lie ail*. Cant. Hughey ileir
esholhsi La ant to 11, hash, and de
Itoitatiris the timers
',tar WWI Milne WS kW

'lieges, sad defendant mid 'Acosta sot tell whether it
was prealated by • noon or by • woman. Mr. Smith
discovered the an.. of "Mick," tailor, writtaa on
the cherpos, and Mr. Paul observed that it was Del Mr.
&Dick's bondwriting. As no arrangement could be
leDii, plaintiff brought the preprint action against de-
fendant, as &teat of the banking oompany.—Por the
defeats, Mr. Prideatto contended that the obenue was
drawn span the bank DI the regular way, and if it
had got into circulation dishonestly the plastid could
not feellet the amount. If there had been any negli-
gases or emelemneas in the trunmetion it was the
plaintiff who wan guilty of it. The defendant was az-
aysiaod, and mid the chinos ems presented In the
ordinary way, and cashed by • tall men, a stranger,
who wrote hie name on the been of it. About.
month afterwards plaintiff called at th• bank, and
asked to as. his cheques They were shoat to him,
and than boat one was among them, but be made no
observation respirations it A verdict for tbe defendant
was found, with leave to the plaintiff to move it
to the Gaut of Queen's Bomb.

Stmt. r. MILLe.—Mr. Kerslake, Q.C., and Mr. W.
F. &unders were for the plaintiff; and Mr. Collier,
Q.C., for the defendant. The parties to this action,
ehich was brought to reenver damages for an illegal
distraint, are market gardeners living near Bath, the
defendant Wag landlord of • cottage and garden of
which plaintiff was tenant. Plaintiff bad for many
years rented this property in eonjanotion with his
father, and on the death of the latter in December,
18111, plaintiff went to defendant and made an arrange-
ment by which be was to remain in possession, the real
being paid half-yearly, at Lady-day and Michaelmas-
day. Al Midatinmer plaintiff received eolith to quit at
the Christmas following. There was WOO conversa-
tion as to. new being allowed to plaintiff for hia stock,
ke, oft the premises. Plaintiff asked M. and de-
fendant offered him Lill They were unable to ease to
terms, and in Notembre lest defendant put In. distrese
for the half-Vear's rent. driest the Michaelmas pesthole.
That distress plaintiff paid mitt, and matters went on
until the 29th of December, when defeodthit made
forcible entry into the cottage, lithe out the plaintiff,
and a few days afterwards sod all his stool and effects
for about is 10a. Defendant admitted that the dis-
traint wail illegal, and paid into court ten guineas as the
fall value of the goods. This sum, however, plaintiff
declined to accept, dating that he valued the property
at £43, and could have made that amoont of it in the
market—The defence was that when plaintiff called
upon defendant after the death of Snell, see., there was
a fresh arrangement, by which the tenthey was attend
from a Lady-day and Michaelmas one to a Midsummer
and Christmas one, and that plaintiff agreed to 'Learnt a
notice at Midsummer to limiest Christmas. Witnesses
were called to prove this, and also that the ten guineas
paid into court were more than the fall thine of the
property sokl.—The learned judge, in meting up.
submitted threp questions to the jury, namely, whether
there was an alteration in the tenth of the tenancy after
the death of the elder ; *hal was the *61990f tho
good. seised and sold; and supposing they should be of
opinion that the terms of the tenancy were unaltered.
and that defendant had no right to take pommies at
Christmas, what damages was the plaintiff esititlad to
for being *spilled from his premisse.—The jury found
that the terms of the tenancy were unaltered, and
awarded plaintiff 29 damps for the illegal entry. The
value of the property salad and sold they amassed at
fflft. The distress being illegal, plaintiff wig entitled to
double the vales, and the verdict was tberdoth mitered
f0r1123 10a., in addition to the ten guineas paid into
court

CLARIS T. HIGGIPII.—This action was anddeeded.
Mr. Lopes, was enamel for plaintiff, instructed by
lbws. Warden and Ponefard. Mr. Lopes, in op.e.ng
the pleadinp, said that Ow plaintiff let to d.db.darn
certain mines and hada of or., on the 3181 July, 1800,
at il yearly rapt of nu, payable in two INW•yeady
payisentNer Iridium/ler abd Christina', and that three
of wieb ha-yearly moonlit pate Isple dee. He the.
pet In the lame, to prove the lapse of time, atel • ra-
dii* we. gins for fib.

CLARKS r. Hionins.—This wail a similar owe, in
which the plaintiff was this bon of the plaintiff in the
former action. A verdict for EIS was LIAO %limn.
WEILL= W. Pam—Mr. Mattson' Smith, Q.C.,
said hi... happy to inform the Court that in this teas,
width bad occupied the whole of the previous day, they
hideous to terms which,be believed, were mutually lath-
balory. The jury would therefore return a verdict by
isomarat, for plaintiff,for 11:20,the matiap to be OVUM up
to plaintiff, and security taken by an morrow of the
+tidied if stlich illillsety did bet take plow Mr. Collier:
The other aetioh is Mao settled. Tcrdiel accordingly.
The court roes about eight o'clock.