The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1862-04-01 00:00:00

TUESDAY.

Davis and Whereat a. Pigott.—This was an action
arising out of certain issues directed to be tried by the
Lords Justices in referenoe to the right to remove sand
on the beach at Weston-super-Mare.—Mr. Serjeant
Kinglake. Mr. M. Smith, Q.C., and Mr. Prideaux ap.
neared for the plaintiffs; Mr. Coleridge, Q.C., Mr.
Cole, and Mx. Buller for thedefendant.—Tbe trial lasted
three days.—Tbere were many maw, models, and plans
laid before the jury to help them to understand the mi.
dence.—Sergeant Kinglake opened the case in • speech
of considerable length, explaining the plans and models.
—The first witness called was Mr. Arthur Whitehead,
county surveyor of Somerset, who described the condi-
tion of the sand bank, which acted as a kind of natural
barrier ageinsf incursions of the sea and sand drifts. If
these banks were removed great injury would accrue to
the White Cross estate, which was bounded by these
banks. The tops of the banks were covered with grass,
which bad the effect of giving • kind of !pis+ or sent to
the depth of about two feet, which seemingly prevented
the action of the wind upon the sand. When there was
a south-westerly wind the whole of the dry sand would
be blown away in drifts. Witness inspected Uphill
Road in September, 1859, and found the mad batiks
which were uninjured eight feet above the road, hut
there was a great difference where the banks had been
Injured. He had ascertained the extent to which the
tide flowed, the highest tide flowing to a point 125
feet distant from the crown of the Uphill Road,
opposite Ellenborough House. Between the 12th of
September and the 2nd of November a large quantity
of sand was taken away from the bank, to a depth of
about five inches. From • calculation he bad made he
had found that the highest spring tide would reach to
within 120 feet of the crown of the road, and this he
attributed to the removal of sand. He had found that
since the 2nd of November, 1860, 640 cartloads of sand
had been carried away from the Esplanade and the sand-
hilla, which had been lowered eight feet. The tide now
reached to within eighty feet of the crown of the road,
and the effect of a south-westerly wind and • high tide
was that the Uphill Road would be inundated. The
&tern° height of • spr.ng tide was 37 feet, but the tide
sometimes rose to a height of 42 feet. An average
spring tide would, in • calm, is eh to within 5 feet 2
inches of the centre of the Uphill Road, bat with a
heavy gale from the pouth-west it wculd cover the reed
,to a depth of 10fe4. He ecripmearecl*e in tide ondtbe
'2nd of March, 186/, with a heavy gale tide of the 16th
of October, 1859, and found that the former roes about
6 feet higher than the latter. In 1860 these had been
twenty-four tides of 39 feet each, twenty-two el 40 feet
each, and five of 41 feet each. There had I eon no 42
feet tides recorded in the tables. A stiff gale and a
strong 42 feet tide would no doubt destroy the wall
which divided the Uphill Wood from the White Cross
estate, and also injure the road. Since the 2nd of
November. 1860, lie had notioed the effects of the
drifts of the sand on the estate. The destruction
and taking away of the sandbanks unquestionably
caused a great deal of sand on the White Cross
estate. But little drift had been noticed where the
sandbanks were untouched. The value of the White
Cross estate was materially affected by these sand
drifts, it being designed for building purposes.-
Commander Hardy, R.N., of6ner In command of the
Coast Guard, residing at Weston, stated that he was
I familiar with • great portion of the coast in the Bristol
I Channel, and particularly with the sandbanks from
Weston-super-Mare to Uphill. When these sandbanks
existed in their entirety they no doubt formed • safe
barrier against the incursions of the see. There
bad always been a drift of fine sand, which floated
too high in the air to be caught by the hanks.
To remove the banks would resider the Uphill Road
unbearable in the summer time. By removing a few
feet of sand from the top of the bank the sand would
continue to drift until it met with some impediment
where it would lodge. It might rest on trees or walls
and subsequently drift into the fields. The Uphill
Road had been covered with sand in consequence of
the removal of one of the banks, and be himself had
seen the road six inches deep in sand. The White
Cross estate was undoubtedly injured by the removal
of the sandbanks. The Asllent officer proceeded to
state why the tide sometimes flowed in so strongly
at Weston, and why it was so variable. He said.
unlike the English Channel, the Bristol Channel
had not two outlets, and had the force of the
Atlantic Ocean against it. The oonmquence was that
in heavy gales the tide Bowed in with great violence.
Mr. Alfred Mayer, surveyor to tl • Weston Local
Board of Health, was called to prove that • great
quantity of sand had been removed from these banks in
October and November last. Nombre of persons, he
said, loaded carts with sand-Mr. Pigott's bailiff
, instructing them. The banks were of much importance
,in keeping back the sand from the sea. The mad had
been six inches deep in front of Ellenborough House in
October, 1861 During the period he had been sur-
veyor the authorities had taken steps to preserve these
banks.—Witness was cross examined by Mr. Coleridge,
and stated that for several years the removal of these
banks had been gcing on, although he would not say
that it had been done for seven years. Building opera-
tions had been carried on very extensively at Weston.
He was not aware these sand drifts had affected building
speculations.—Horatie Francis Parsley, late owner of
White Cross estate, deposed that his father had
' pastured sheep on these hanks without his right to do
so being questioned. His father had planted sedge on
the top of these beaks, which were • great protection to
the estete. The sedge being on tt e banks prevented
them from drifting, but the removal of it caused
quantities of sand to drift on the estate. Cross-
examined: Before his father planted the sedge there
was herbage at irregular intervals only. When his
father purchased tha.estate it required levelling, which
his father did. At one period some hurdles and sand-
banks were placed on the sandbanks, but were after
wards removed, at whose instigation he coal/ not
say. Since witness had sold the estate to Mr.
Davis sand had been taken away from the banks.
I me. William Smith stated that he was an attorney and
I resided at Weston. He was the clerk to the Improve.
mint Commissioners. Collar lainte having been wade
by Mr. Davie as to the removal of the sand the com-
missioners, Mr. Davis and Mr. Jones, who acted as the
agent for the lard of the manor, bad • meeting, when
it was decided that no mere sand should be removed. A
minute was entered and notices were issued to the
effect that proceedings would be taken if any more
sand was removed. The minute was drawn up by Mr.
Jones himself. Several persona were taken before the
sn!
ky several.. other
tHhee
magistrates, and some were fined. On the 15th of
October last a case Caine before the niescrtrotes, ,en
the Ctle was disputed, and the erimmissioners
withdrew&mord-
rwbeuinttlhdeiennamethshmte. same fly wfal:
He told Mr. Jones that he was clerk to the oommis-
sioners, he could not interfere in the matter, bet if he
(Mr. Jones) desired him he would go and view the
told the builders that they could take sand from a spot
rtmirdawith tr.
tJhoenbesansb.nd
opposite Ellenborough Park. Mr. Jones called a carter
belonging to the White Cross estate, and he ordered
him to back hit cart against the said. That being done
Mr. Jones said, "I will bring up the first shovel.. full."
That excited a laugh, and some one culled for • cheer
with Mr. Jones, who
for Mr. Jones, which was not generally responded to.
After that time a quantity of sand had been taken away
by the builders. He was of opinion that the removal
of the sand would cause a trotter drift than before.
When the spire ass taken off the sand would be sure to
drift inland. He had known the tide come over the
land and into the garden. He eonsidered the removal of
the sand would injure the property on the other side of the
road.—Edwin Norton said he resided at Weston. He had
been • Commissioner of Improvement for some years.
At a meeting of the commissioners he moved • resolu-
tion that • committee should be appointed to confer
with Mr. Jones and Mr Davis respecting the removal of
the sand. The commissioners endeavoured to pate doe
to the practice of removing sand, and they summoned
several parties, bdore the magistrates. On the 16th of
October and up to January • quantity of sand was re-
moved, rind bethought a high tide would go over the road.
—Mr Coleridge, in addressing the jury for the defence,
commented upon the absence of the plaiatiff, Mr Davis.
who, he mid, wanted an Esplanade and other improve-
ments made at the expense of the people of Weston, and
the inconvenience of Mr Pigott, Who bad only ezereised
• right to whieh he win 'entitled—a right which he sad
his emeestors had eseweimed frees the 15th deitdlia

4161

HOI.I.OwAY.II OINTXENT AND PlLLl.—Femsle Complaints
Climates have their particular disorders • age has indrealeo
peculiar to It •,'seiusons have their specific.dissases ; but womae,
In all climates, at eaves's, and In every semen, is liable to
M.al *napkin* resulting from fashion, inattention, or debi-
lity of conetitution. For all suds siderera there are in Hallo-
vay's remedies present and biters comfort, while the natural
functlona of every organ is fairly established by them. Under
their eorrective rimy the greablett.imurement mseAl a}
psers—ths body develops.% field the Into idle-
wars preparation. not trace of m' other no lons
Ingredient, overeaters ; hones Ms parent, guardian, or patient
Hid held no mimed beim emimasisi time rasedlim.