The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1863-08-04 00:00:00

T/16 COUXCIL XXI) TUX IigrOSITOLY TOLLS.

_
Ti, NIAVOIt said the first business was to further
consider a rep trt from the oummittes appointed to
confer with Om Town Clerk and obtain the advise of
eminent on the qUestiori between. the Town Council
and Mr. J. T. ignitor, as to the payment of tolls in
respect
of stock sold in his repodtmry within the
borough, and decide what should ho done therms.
The Town CLERK then read the following corm.
poodense which had taken place between hircuielf anti
Mr. &nor on the subject
10th July 1863.
DEMI 1311.—1 submittod to the the last meeting of
our Town Cooed] the correspondence which hod taken
place between at on the subject of the tolls
claimed of you on behalf of the Corporation, and
which embraced your application for a copy of the cam
submitted to sounded on the question, and hie opinion
thereon. The natter was fully discussed, and the atm
and opinion were Lid on the table for the inspection
of such membeie of the Council a, chose to permits
them. bet • majority of the meeting considered your
application was, at least, • very unusual one, and one
to which they did not feel themselves justified in
seceding.
cm instrueed to place the matter in the paper of
bg,igsa for discussion at the neat meeting of
the Council on the 3rd of August, and If you
desire to in the any proposal to that meeting.
with • view of settling the question on which ouch
difference of opinion octets, you will perhaps be good
enough *olst me have it twine short time previous to
the day I have naine4.-1 remain, dear Sir. yours faith-
fully, G. SYMONDS.
Mr. J. T. Ensor, Dorchester.

Dun B—l would hap: '&lth:test:red', jyulonyr3l•lltierlealof the
10th instant before now, bat I have been so entirely
tecuoiecl by my huffiness as to render it impracticable.
In your lutier of the 18th of June lad you ask whether
you are or not to consider mins of the 11th a ref sisal on
my pad to admit the right of the Town Council to tolls
in respect of any stick soil by me in my new mxrket
ground. As an inhabitant mid ratepayer of the
Impisgth,l bare ever been anxious not to increase
nor alresdy heavy rates by nselees litigation, and
therefore I wrote lon on the 20th that I could not
admit or deny the right.. of lb* Town Council until they
Isere expledned to no, and I am sorry that you should
think it your duty towards the Council not to furnish
m• with the Information I asked for. I beg most Its.
fluidly to state that at I am shown that the Council are
fairly and honestly entitled to tolls or dues from me in
respect of soy duel sold by me by auction in toy private
sale ground, I will most cheerfully pay them ,but surely
Its not an unreasonable request to ask bow mush, and
in respect of what dock I am expected to pay kilt, and
consequently, I again ask ger information—l am, dear
Sir, yours truly, J. T. EN/3011.
G. Symonds, Esq.

Ist A !gust, 1863.

,
DRAB Brit,- I have to acknowledge the reoeipt of
your letter of yesterday's date. cud as you still omit to
otitis whether or tot I am to consider your letter of the
11th ult., • denial of the right of oar corporation to the
toll claimer of you, I can only so consider and submit
it to Ole meeting on Monday 001 i, and ask for further
instructions.

The dedre cc your part to avoid any increase to the
present heavy local inaction is a vary laudable one, Lod
I do not doubt it will be very generally shared in; but!
venture to think that its sincerity will be bent shown
by a aubniivion on your part to the claim on which I
can searmly believe a difference of opinion to really
eaiet.

I regret I cannot concur with you, and think it my
duty to ad•ite the Council to furnish you with a
copy of the ease and opinion of counsel in
my possession. The application is an unusual one, to
Pay the least of it, and if an individual were plaoed in
the position of our Town Council I do not think it
would ever have been suggested to you to make it. I
am at a lass to discover any differvice between a Corpor-
ation and an individual in such a matter as this, and
if my position was reversed, and I had made a similar
application to your's to • ither of the gentlemen who
expressed • different view at our last Council meeting,
I do not for • moment doubt that I should receive a
refusal, and be laughed at for my pains
It most be well known to everyone who has at all
considered the subject that • right to toll mast be
derived from charter or statute, and that the
amounts payable for tolls have been usually
founded on customs or prescription ; and it must
be equally well kno•n, that the tigOt claimed by our
Town Council ta toll is founded in 'molar basis. With
your experience in the matter, you will, I am sure, ex-
ams. my smiling at your request, to be informed 'hoe.
much and in respect of whst stock" you arc expected to
pay tolls; but I conclude the Council will be satislied
with such tolls as you paid, without objection, before
you (I rear I may have It add, unfortunately) raised
theßPOrritt gnat be s'y well for you at once to give me
lb* Dame of your solicitor, as I must be blind indeed If
I did not idseover his handiwork in your eorreepon•
dense. —I remain, dear Sir, yours faiiblidir.
Mr. J. T. Easor, Dorchester. G. fiIIIONDE

Dorchester, August, 3, 1863.
DIRE SIR,— I have received your letter of the Ist
hut, but have not had time to reply to the many ob-
servations it contains. The matter between us is this.
You make a claim on me for tolls for stock sold in my
private wale ground. I hare asked you for a statement
of the tolls you require me to pay. You decline to
furnish me with them. By so doing you put
It out of my power to make any proposal on
which such • difference of opinion exists I
would only wish to do as I would be done by, and
spin ask for the particulars of the tolls claimed, and
eonclude by ohserving that whatever maybe the sincerity
of others, I sincerely wish to avoid litigation. —I am,
dear Sir, yours truly,
G. bymonds, Esq. J. T. ENSOR.

The Marna said, from the oorrespondenos which
had been read, the Council were in poeseesion of tbe
facts of the case, so far am the committee were con-
cerned. The question stood in the same position am
at the last meeting, but from the letters received
from Mr. &Nor. be appeared to write in the same
teriour as formerly, and he (the Mayor) approved of
the answers given to them by Mr. Symonds. Mr.
F.usor's application was for information as to the
auinunt claimed for tolls.

Mr. Bnutor wanted to know whether the toils
were not the same now as they always were?

Mr. 11000111 mid the tal waa la id. upon a more
of sheep, whilst cattle were free, but there was •
small toll upon horses. .

Mr. Alderman EllllOl laid it was his own and
eon's desire to get this matter amicably arranged.
This payment of tolls on private property was
• new feasure introduced into the town. The
stock brought into this town for sale would never
have been brought here bad it not been for his son,
but would have been sold on the farm to dealers
and butcher.; and as the fair field WIMP not sufficient
for his requirements, it was thought advisable to
establish a place for the rale of stock. By en doing
the Council would not lode anything, because they
never received any tolls from Mock. The Council
were not put to any expense from the occupation of
the ground, or foe supplying hurdles for sheep. By
the establishment of them tales a great trade was
brought into the town, and great benefit accrued
from them. He suggested whether it would nut be
advisable for the Council to compromise the matter,
because if they went into this matter other things
were liable to tolL H. wished to know whether
there was not a toll upon grain offered for sale in the
market, which was not enforced?
The Tows CLuitit said there was.

Mr. Essoa ;;;i;;Litirt- it would be unwise on
the part of the Council to enforce the payment
of the dispute in question, as the trade of the town
depended on the egricultural interest, and it would
be unwise to throw any obstacles in trir way. Me
suggested whether the Council might not grant his
son a license for about £lO a year for the privilege
of selling sheep in Or market. He rid he should
leave the Comma to dream the matter, but nothing
would give him greater satiefaction than to see the
dispute amicably settled.
He was then about to leave the roam, when he MIS
requested by the Mayor to remain, who stated that
as'Mr. Ensor had made a suggestion be ought not to
leave, as remarks right be made which he would
not assent to, and the corequenoe would be that
the Council would be just as far off then as they were
now. He (the Mayor) could undenteed his feelings
as be was precluded from voting; but as the discus-
sion was being oonducted,unlase they had his opinion
they might he in the dark.
Mr. Edda then, at the request of the Mayor and
several of the Councillors, wee induced to remain,
when he stated that his sun had never had asy de.
mead made upon him for payment of the tolls.
The CLOAK rid his first letter was • demand for
the tolls, which he read.
In reply to • question front the Mayor, Super-
intendent Penney said he had made application for
the tills after the first market day, when Mr. Easer
refused to pay him.
Mr. ALDAIDOR could not make out what difficulty
there could be in not allowing Mr. Farr or Mr.
Andrews, presuming be was his (Mr. Err's)
solicitor, to see the ore and ounneel's *aloe, if it
was drawn up an such a manner as would not admit
of bay doubt upoo the question. 1.1 Mr. Ewer saw
the documents and considered them satisfactory
the matter might be settled. As he said at the last
meeting et the Council he could not see any earthly
reason why they should not be furnished to Mr.
Fassor. He did not think that Mr. Symonds's last
letter to Mr. Eder was donde', or in amordance
with the opinions which the Council entertained
The etaan denied that he had behaved no.
courteously towards Mr. How, and said that what
be had stated was simply his own opinion.
Mr. PROUD was of the same opinion, and mated
that at the last meeting Mr. Andrews had the ore
and Opinion before him loran hour and a half, during
which time he was going through it word by wor&
rberefore Mr. Err must be aoqumnted with the
oedemata of the opinion.
The Cteite said he had heard out of doors that
the legal business was to be transacted from mosey
which farmers were going to pay out of their own
pocket'.
The Mayan remarked, that he was sorry to say
that be bad heard that the Council carried
ent their demands in opposition to the agricultural
antimint, but this he thought was a very unfair and
nowise sOmateiment. They wets sitting in the die-
of a while duty, and it wee • paistal duty
for Wm to enforce a dila dim • fellow-teernmesn.
Batstili it wag their daty,saci thep wait act shrink

from it. They must neat establish their politic.,
then they would be slide to enforce ttnor eNn m. T.
ground upon which the opposition wait based, that it
was in oppoiit ion to iho agricultural b..dy, was *My
unfair avid uncbtritablo

lb. OARS said persons often askcd him, " What
are your Corporation fightin4 against the ferment
I (or?
Tito M•YOR then lwiedy reviewed the reasons for
Mr. Eueor's leaving the fair field, and stated that it
1 VMS in consequence of his increso in business tbes
he wanted the exclusive control of the field on market
doe. He (the Mayor) waotod to know whether
the Council wopld be doing their duty to, the
cultural body if they allowed him the exclueive use
'of it. Their desire WA* SO to conduct Wainer seas to
afford enterprise to every man. During the time ht
. (the ?Ivor) had been in office he had never hesrd •
remark made about the ground not being adequall
for the requirements of Mr. &woe. It Wai not As
COOLICII who had driven him away.
Mr. ENSOS said his son, finding that the Council
could not give him the exclusive right of the ground,
and finding great inconvenience, in carrying on his
business there, had sine. purchased property, so
that he might have .he exclusive right of selling
stock wit/loops interference of any other pinion:
Mr. HODGES remarked that it meet be apparent to
I everyone that as a public body the touncil were
only asserting a obit° duty entrusted to them:
That duty which they offered to the agricultural
body was one of the highest importance, and pm.
ented in keeping at the expense of the Council a free
land open p,aoe for the male of agricultural stock, and
also cf providing accommodation for those wheat.
I tended the market for the sale of corn. Partly by
subecriptioni and by funds a fair ground had beim
purchased and also • Corn Exchange, and at each of
I three two plaoes there wee a fair amount of snow
tuodation which was enjoyed by every centimes
' and dealer free of expense, with the exception of
small toll put upon sheep and hones. Every thing
else was free, and be hoped the sitoommodation
given was of a satisfactory kind. After some
farther observations Mr. Hodges said if they
exempted Mr. Eneor from tolls then they emit
not ask another individna for them and be
thought it was straining the point mane
too far in asking for exemption. Mr. Eisece,
through his father, bad made • suggestion n Mill be
hoped would lead to a snceessful termination of the
matter. The payment of *beep was connected with
supplying hurdles, but as he supplied these himself
he (Mr. Hodges) thought he was entitled to some
sum out of the tolls received. If however, they
waived their rights they would be loosening the
whole fabric of their tolls, white' they had resulted
for the last 200 years, but lootilig as the Yell
amount at issue be thought it ought not to be aceisi
for litigathin. Still, unless the Coupon were
pared to to surrender their rights, he did not use bow
they mild do otherwise than proceed in the watts,
all they had done, and do their duty sea public body.
The Dt/AYOII remarked that the tees stood just the
mune as it did before. The question now areas
whether the Council were prepared to adept say
course front the suggestions which had been thrown
out by Mr. Einem
Mr. flown said he should like to frame sane.
thing because he thought it might lead to the dies
pute being arranged.
Mr. BISHOP agreed with the suggestion of Mr.
Hodges, and said the proper course appeared to be
to supply Mr. Envoy with the account of the
Connotes demand.

—Th-e-611-11-IC—i;id be oould DOi fILDIDIh in amount
of the tolls an arrest. _

Mr. Busitor con.idered this a quaeldo• betimes the
Council and the town. If the tolls were I ypay-
sble under the charter, then they were bmnd to
enforce them,' and if they failed in doing so it would
be open for any iuhabitant of the town to oall
upon the Council and ask why they did not enforce
them. They must do so, however painful it might
be to oome iu collision with an esteemed fallow.
townsman. It was not an attack upon any interest
whatever, it was the enforcement of • duty incum-
bent upon them. He Val sorry that the second
letter of Mr. Eager had just burn plaosd on the
table, because he there wanted to kaow what stook
wu liable to toll. He had hail • greet denl of ex-
perience in the sale of stock, and hod paid toils up
to the time of his removal from Me
therefore must know about them Lfg.d.showed
a desire to evade the quetion, and he thersdore did
not think the CO4llllOll could comrade, owerstatioo
satisfactory. He would sum" that the alba
due under the charter be supplied to Mr. arm
and enforced.

After further conversation, Mr. BINIFITT said be
apposed people might tako privet. ground sod lioa
Le called upon to pay any tolL
Mr. ESSOiI said it would Wasik Um town if dry
were to do so.

Ths asid it waa • well-known is* thall
Yeovil market tolls were levied upon weary hood of
cattle, and it was not there mid the authorities win
doing everything they could to injure des agric.J-
tural interest
In reply to • question the Cisait said the eT
under the charter, had power to levy toll vat
stook which came into the market.
. . _ _

Mr. ALDRIDGII said there appeared to tie • &kr-
once of opinion in the Council as to the legality of
the tolls, but he thought the only diaereses was
whether the case and opinion should be mode
public to Mr. &moor, and his attorney. As the
former, when celled upon, had refused to pay the
tolls, be (Mr. Aldridge) thought the next step was
to con.ider bow they should enforce them. El.
would therefore prove* "That Mr. Symonds be in-
striated to take such steps as be in his judpricat
considered necessary to whims the tolls, but that
Mr. Eater be furnished with the claims of the
Conrail for the amount due in respect of stock said
by him."
Mr. Cultist wanted to know if inch a step would
not be the commencement of a law-suit, if Kr. Ewa,
refused to pay.
The CLIME replied in the negative, but stated
that he should best liberty to do 60. 13etate that
was done he should again bring the subject before
the Council for their opinion.
--; .

- —A
°ponderable ammint of diacoesioo this eneeed
as to ebotber Mr. &nor ought not to be anowed
something f..r using his own hurdles, Saperinteadant
Pooncy stating that £2O a-year would not pay kr
them.

Mr. ENSOR still pressed his motion for the Oasso
to grant a hams, to his son, ass by mob a Asp it
would be putting money into the pockets ot ilia
town.

•-
The MArcia thought they could not themes that
matter. If they were to appoint a committee to
confer wilt the Town Clerk upon the sabjeet, sad
if Mr. &nor admitted the rights of the Council, then
they could eater upon some negotiations.
Mr. BISHOP, believing lbo proposition of Dr. Aldrideo
to be mole Inc coneiliatory spirit, would snood it, asi
hoped it would be the means of settling the affair.
A lougend desultory disturbs then followed, wheelie"
Mayor put the proposition. sad the followialgenes.
men voted in its favour. Dr. Aldridge. Mr. , Mr.
Bennett, Mr. Hodges and Mr. Freud; Mr.
bolding up Me Mind against it, brlieving that emit • lisp
would be the immediate fore. • awn of • 1•• -so*.

111 I CLOCK TOWEL

The report of the Clock Tower Committee wm pre-
sented .nd read, and dim • short dissmitm, oath.
proposition cif Mr. D[l, MOW seemeded by Mr. inolt,
wa .rsoneed and adopted. It tras.pirunl that the
clock, is to be an illuminated me. striking the
hours and quarters, would oast between £4OO sad MO,
of winch sum £307 had already been collected by sub-
scription.
The business connected with the Local Board of
Health was a/ a eery uninteresting °banisher. and after
the translation of which the Board separated.

DORCHESTSIL— Puce= Coax likarre, Baur-
day. limiest a—Attendee's *small, the Dorehesiee
trrani Society's anneal imbibition of sleek, bead
cid:ly, morpoliging all attentioe. The wheat trade
was extremely &ill, at late rates. There was me
quotable change in tbe value of beans or oats.

8 tLi •11:$ L/17780 or MIL JAN IS FIANDINCerB Rarest
AND EWA!) AT HIGHIJI WATZIBOI/ WA and
letting, by Ur. T. 8e..,, of Mr. Jamie Harding's pure-
bred loutbdown rams and ewea will take *on a 6
Higher Watareon on Wednesday mart The rants knee
taken first and second prise' at the Bath and West at
ogiand Society's abow at &utter, in addition to
numerous prises at other places. A lane agendum
may be expected.

TIM WIATRIL —The readies at the thermometer
it Leorehmem (or the pest meek le es toilenre :

Printed end published for the Proprietor. by Clialigal.._
W arrasßAD linm.up, cd Deniseler, Pilules. •"/I•
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