The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1869-03-02 00:00:00

BRIDPORT.

Licrunt.- On Tuesday evening list Hobert °Aiken,
Esq., of Weymouth, delivered a lecture on the ifyc and
perms of Robert 2fissell. at the Literary Institute.
Ore PAvziaarre.—The Moving Committee of the
Local Botta perainbulsted the town on Tuesday to
examine the pavements, so we premium further portions
of the foots-eye will are long be ordered to be repaired
by the Board. Within the last year or two good work
has been done, but thsre is yet maple room for
Improvement.

4uaTICULTOUL ROCIITT.—Tbe schedule of prises
offered by the Bridport Moeller'Dural Society for com-
petition at the next *banal exhibitiou is now issued,
, and copies can be obtained of the hon. secretaries. The
Preeident of the Society, Herbert Williams, Req.. has
kindly off.ned ES in various prism and lb* mayor of
Bridport, T. Colfox. Req., over El.
' nig AOllOll &OLIN.? 2111 Bittnieorr RAILWTA
C ,WPART.—Tas adjourned case brought against the
Bridport Railway Company by the Dorchester Highway
Board, on bedroll of tbe parish of Great Toiler, was
heard on Saturday last, at the Shlrshall. before H.
Williams, Earl (chairmen), E. Name, Esq., G. Worry,
Esq., C. Sykes, Esq., E. W. Williams, Esq., and H. B.
Middleton, Esq. Mr. G. filymond. appeared on behalf
of the Highway Board, and Mr. N. M. Loggia for the
Bridport Hallway Company, but he protested against
being obliged to do so, saying that it was a matter
between the parish and the Great Western Railway
Company. It teemed, however, that atilt. last moment
the big company left the defence of the maims to the
Bridport proprietor.. Service of the notices was admitted,
Mr. Symonds said that the Bridport Railway Company
were authorised to construct a line from Maiden Newton
to Bridport by the 22 and M Viet, c. 120. Notices
were duly served of the present aFrdioatioa under s. 65
of the 8 and 9 Viet., e. 20, the Railway (leases Con-
solidation Act, which was incorporated with the special
Act. Section 65 was as follows:

Where, under the pros isions of this or the special Act, or
any Act incorporated therewith, the company are required to
maintain or keep in repair any bridge, fence, approach, gate,
or other work executed by them, it shall be lawful for two
Justice. on the applies/Jona the surveynrof roads, or of any
too householders of the parbth or district where such work may
be situate, COMpiAIIII,4 that any such work is out ol repair, after
not lees than ten days' nothw to the company, to offer the
company to put such work into complete nips& within a
period to be limited for that purpose by such Justices,- and if
the company fail to comply with mob order, they shall forfeit
live pounds for every day that they fail eo to do ; and it shall
be lawful for the Juatices by whom any such penalty is itopowd
loonier the whole or any part thereof to be applied, hi such
manner arid by ouch person es they think
.ft in putting such
work into repair.
He would also refer them to clause 46

If the line of the railway crom any turnpike road or public
highway, then (except where otherwise provided by the epecf.l
Act), either.uch road shall be carried over the railway or the
railway shall be carried over such road by names of • bridg •
of the heighth and width and with the ardent or dement by Ws
or the special Act on that behalf provided, and such bridge
with the Immediate &permeates and .11011 w necemtry works
connected therewith, shall be executed and at all Lima they-
after maintained attbeexpenee of the company.
In making this railway, the Bridport sompany bad the
misfortune to cross the public highway leading from
fk,emieeter to Fagardon Hill, at an open field called
Stone's Common, is the parish of Great Toiler. The
company carried their railway over the toad, but in so
doing, they did not raise the railway sufficiently to
allow of • manage underneath it, and thence resulted
inteiferenee with the public highway. They lowered
the road to get sufficient headway, se was shown in the
place prodneed The roadway from the north shelves
naturally to the point of crung, and up to within
264 feet of the bridge the road was in its original condi.
tioo, but at that distance from the crossing the company
commenced lowering the road, the decline to the middle
of the bridge being one in twelve. The consequence of
this depression was that the water from the higher
ground ran down the iodine and collected in the pit
nadir the bridge, making a little ma then, and render-
ing the road never pleasant to pass and sometimes
dangerous. The sconmulation was sometimes to the
depth of four feet. The compaoy, recognising their
liability to provide for the public pasnage,had construesed
• footway of railway metals, but that at t:mes was
flooded. Act provided that wherever • road was
interfered with, and could be restored,oonsistently with
the construction of the railway, to as convenient a eon.
dition as it was before, then the commis,' ere as to
restore it—so that, in feat, the whole scope of the fast
seems to indicate that the public shall not be inoon-
venieneed ;—but if the road cannot be so restored, then
the company are required to divert the toad and make
soother equally convenient. In further regard for the
public oomeniencieit wan provided thed in a railway bridge
roads over a public carriage road, as in this ease, the
space under the badge should be 25 feet wide in theclear
toexclude any footway.l4 feet in height for • ipsoe of ten
feet in the centre, and that the dement should not he
more than One in twenty. He should contend that the
Company were liable under the 46 motion to maintain
the road in proper repair; and, if it was argued on
behalf of the company that the parish was liable, he
should maintain that the company could not call ori
them to take a road which thy had interfered with,
until it warn put in the Mate required by the ; and,
oa this point, be Amid prove that the road under the
bridge was not wide enough and *at the dement wee
too rapid. He should also show that the parish bad
never repaired the road sines it ma interfered with by
the railesy. Byer since that time it had been
frequently impassable and • nuisance, and be applied to
the Bench for an order on the company to repair it.
He called Mr. C. Jetty, surveyor for the Dorchester
Highway District. He had known the road at Stone's
Common crossed by the Bridport railway for five years,
and had never repaired it. Wm there on Wednesday,
February 17, and took the necessary particulars to
prepare the plan produeed. At that time there we.
three feet of water under the bridge, and it ma quite
impassable for foot-passengers. There was • footway
on the east side under the bridge, made of metals
upside down. They were under water on 17th Feb.,
• foot in the deepest place. The bridge me 20 feet from
wall to wall, but of this apses two feet was mcopied by
the footway. The height was 13 feet in the centre of the
road for 11 feet. The width of the road at the top of
the incline was about 20 feet, the same as under the
bridge. The road was interfered with for 264 feet on
the north side. —By the Coast: A drain had been put
in, but it was on the wroni side and got choked.—Hy
Mr. Loggin : Had not hauled pipes there for the parish
to do the nommeary draining.— Mr. Thomas Broughton
Hiseock, who had lived in Me parish 43 yews, spoke to
tbe road being in good condition before interfered with
by the railwey.—Crommainined :Tb. parish not long
MO erected • bridge over the stream on the south side
of the railway, about 50 ysrds from the bridge. Mr.
Jeety was re-called on that point, and said that the
erection of this bridge had not caused or afforded the
accumulation of water under the railway bridge. Cross.
examined : Had raised the road spprosching the new
bridge, eonimencing about 40 yards from the railway.
It had made the anent more steep. —Mr. Loggin, on
behalf of the company, said the case appeared to consist
of two charges—one. non-repair of the road under the
railway, and, second, that the bridge was improperly
constructed at the first. The latter he held mold not
be brought before the Bench by notice.—The Chairman
said it was a question entirely of repair of the
highway—Mr. Loggia : Bet the improper construction
of tb• bridge is not before you.—Chairmaa : Mr.
, firma& takes the bridge and the road to be me set.—
Mr. Symonds: I do. —Mr. Loges : There ace special
remedies for any improper oonatructioa, and you cannot
by simply serving • motion. go into ‘llOlllll6 exsoPl
actual repair or non-repair. Primarily, aa you kaow,
the repair dell highways lain the pariah, sail to got
rid of that liability some other person most be shows to

r3a."N4qlg.7

b • liable; and Ulm see peorer peaciedlinp puilled out
•s ntmeessey I be taken to mote any on- so liable,
which have not been taken in this eeer• Thu w`uld
raise the question of the liabil.ty of the eonspeny to
rerair ; be mid, in the first pines Ike! were not, and, in
the seeond, that the road was not shown to be oat of
repair—Mr. Symonds : Whit? I have shown it is
impassable Loggin : You have shown there is an
accumulation of water, but how it huh a-inen has not
been termed. The body of the rood is perfect enough,
and he had been told that the work of the Highway
Shard oecasioned the firsati.—Ths Chairman: Prove
hoygin : I hive not to prove a negative ; I
merely soy hr. Symodds has not prrved his ease. There
were many road. throes% rivrrr, and persons were
obliged to wade.—After some farther discussion. the
Bench ordered the company to repair the road within a
month, sod if not completed in that time the penalty to
be eti a day.—lt was stated that the landowner/ were
willing to afford every futility for the company carryirff
drains through their land. and that the whole work could
not cost more than L-10, while, if the beicemployed (as
It was eartl). men on the line were set about the work,
the expense would net b.• half that =want.

CHARMOUTH.
DEATH OF TM "OMNI' 1118ABITANT.- —oo Frtday,
at the house of H. B. Norris, Esq., died "Cooky." flut
Well-known whets*, at the reputed age ot 152 pars.