The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1869-12-14 00:00:00

WEYMOUTH COUNTY . COURT.

_
SATURDAY.—Befors T. E. P. Lefroy, Esc., judge.
The business included two adjourned cases, two
re-issue., 72 original cases, 13 judgment stunmonses,
and three bankruptices.
Drake o Piri, WS' • claim for £lO for utensils of
the school at Euton, Portland. Mr. Howard
appeared for plaintiff, and Mr. 0. Symonds for the
defence. Miss Drake had been formerly the school-
mistress and Slims Pitt "took or the property ; but
the latter was • minor, and Mr. Symonds appeared
for her uncle Mr. Pepros.—The Judge advised a
compromise, its an action could not be maintained
against a minor; but it was equitable that she should
pay something. After considerable diecusaiee, a
occunit was taken by consent, it 'being understood
that the plain'iff would accept X 3.
Atha:roll o Byatt. —This was a case adjourned from
the last court, for production of particulars.—Mr.
Howard appeared for plaintiff, and Mr. Weston for
defendant. —Both psrhes were from Portland. The
£l4, it was said, was originally due to • sister of
plaintiff, a Mrs. Willis, who had died, and her miner
acted as executrix for thy benefit of deceased's
children.—Mr. Weston contended that the debt was
hatreilaby the statute of limitations, Mr. Wallis
having died in 1889. It was, however, attempted
to he shown that £1 had been paid on amount in
IS64.—Mr. Weston urged that the whole debt vivu•
fabrication, for it was not likely that Mot. Wallis
should have made an entry showing how much
defendant owed, just before her death, nor that
plaintiff, who "had not two sixpencea to jingle
together," should have allowed the bill to
remain so long unpaid.—ln croopexsminstion, Mrs.
Attwooll said she could not read writing; but
afterwards said she could read "plain." She read
several entries in the books so easily that the Judge
considered she could read very well.—flyatt and his
daughter Jane proved that the £1 paid in 1884 was
on their running bread account, and not for that
due to Mrs. Wallis.—The Judge said it had been
clearly proved that the claim for £l4 had been taken
out of Court by the Statute of Limitations, and the
paid was to be placed to the account of Byatt,
for another claim of £8 16s. 2d , which was next
tried, hot resulted in a verdict for defendant.

Anthony and Wife v. rearre and Wars. —Mr.
Howard for plaintiffs, and Mr. Stagg&ll for defen-
dants. The claim wee for £2O doe on a note of
hand, given by Mr. R. Flew, father of Mrs. Anthony,
to Mr. Robert Benrield. Plaintiffs sued as exeontors
of Mr. Renfleld, and defendanta were executers of
Mr. R. Flew. The note of hand was dated 184 S,
and Mrs. Anthony swore that it was her father'.
handwriting, and she knew he had borrowed the
amount. There was no evidenoe that any interest
bad been been paid before 1564, when plainaiff
received Ilk—Mr. Steggall urged that the cir-
comstanoe of this payment, even if proved, was
sufficient to take the debt out of the Statute
of Limitations, Hie Honour held that there
must be much stronger evidence than that
of the payment itself, on • debt standing 21 year&
Verdict for defendant& the advocate's fee to be paid
by plaintiff..
Richard Score v. Ann Gibbs. —Claim £3 15& for
rent. Mr. Howard for defendant, who had occupied
a house at Portland, and left without giving the
notice required, and she widened for • quarter's rent.
—Mr. Howard urged that plaintiff had told defend•
ant she could leave the house when she could suit
herself. Defendant had frequently complained that
she could not live in the house, unless a closet was
erected, for there wea no convenience of that sort,
nor any beck door.—His Honour asked if it could be
possible that such • barbarous state of things existed
,in a house of £l5 a year rent. This, however, was
• proved. Defendant a son urged that when his father
told Mrs. Gibbs she might leave, he meant subject to
notice as a yearly tenant. He, however, had not
heard the agreement with his father, and his evidence
was not admissible. —Defendant had always been
willing to pay 6 weeks' rent for the time she had
occupied it after payment; but she had not paid
into court, and a verdict was entered against her.
His Honour declined to give costs, as he thought it
was • bard case.

THE DurrRDIS is PORTLAND.--Application was
made in • ease Macaulay v C.'onabea for a judgment
summons. The amount was .C 1 111. 3d., and the
original order was for he. a montb.—Defendant's
wife said her husband was • quarryman; but for
the last nine months, he bad been "ribbing," and
bad only received Cl a month. She had seven
children, of whom the eldest was 15, and be only
earned is. lld. per day. She should have no money
till the end of the quarter, and then they would have
to wait two or three weeks more. She was allowed
to the end of the month to pay ba.; but after that
the payments were to be kept up.
BANKRUPTCY. —Drrid diced, late of the Wey•
mouth Arms, came up for last examination and
discharge, supported by Mr. Howard.—Mr. George
opposed on behalf of the creditors and assignees, on
the grounds that the statement and echedule tiled
by bankrupt were totally incorrect, that the bank-
rupt's wife bad • reversionary interest in the pro-
perty not mentioned by the bankrupt, and that he
had fraudulently parted with furniture just before
tiling hi. petition. It appeared ttat during the last
two years nearly .C5ll had been expended by bank-
rupt's family for drapery goods alone, with four or
live tradesmen, but his llonour elicited that bankrupt
nad eleven children, six of whom were girls. Mrs.
Mead had been entitled to some property in
reversion from her grandfather, the last instalment
she received in February I•ii9; but bankrupt did not
know how much it was—it did net amount to £2O.

lie had sold some furniture, for £25, to Mr. Gibson,
Iwo or three weeks previous to tiling his petition,
and amongst this furniture were—a piano, musio
stool, 100 table, cheffionier, dressing table, dining
table, waithstand, two feather beds, pier glass,
mattrer, chest of drawers, bedstead, carpet and rug,
and • number of other goods, and the piano alone
had been bought in at an auction for £l2. Bankrupt
had not filed the list of these things ; but only men-
tioned the amount received. Mr. George eon-
tended that there was a discrepancy in the
"trade items," of about £27, the hills filed showing
that goods worth £BB 19s. had been received, while
the statement only amounted for £6l ss. lad. He
also animadverted on an item of £6 10s., set down
as lent by the bankrupt's son, while there was
nothing to show that he paid anything for his board,
though bankrupt admitted that he kept himself and
boarded at home. Mr. George also enquired about
several articles belonging to bankrupt which had
disappeared from his house. —Mr. Howard objected
to the course Mr. George was taking as he was tres-
paring on the time of the mart, by a running
comment on all his questions, and his Honour
remarked that Mr. George would save much
valuable time if he bad understood his
case, before coming to the Cond. Mr. Howard
re-examined bankrupt who stated that his bank-
ruptcy was caused by difficulties with which he had
been struggling for • long time, and that they had
been partly brought on by several lodgment sum-
moires in the County Court, —Mr. George called
Mr. John Gibson as a witness, but he objected to
give evidence till his expenses were paid, and his
Honour ordered that he should receive se. Witness's
evidence was of so importance, and his Honour said
that was • dear five ehillings.worth.—Mr. George
having summed up, his Honour ruled that it was
never frir that • man should be punished for such
inaccuracies as were alleged.—Baskrupt then re-
ceived his order of discharge.
Charles Rogers, omnibus driver, debts £l5O, was
imported by Mr. Howard, and passed unopposed.
P. 11. Bonen, grocer, Portland, debts £l6O,
assets £35, supported by Mr. George, also pared
unopposed.
The Court did not rise till after four o'clock.

BLANDFORD,
Run.' Cosre.—The annual returns show the
number of extra-efficienta for they ear is 66, efficient.
70, and non-efficient. 18, malting total strength 881
as compared with 97 last year.
LITERARY INIITITUTION.—The friends of this old
institution are making efforts to re-open their read.
ing-remn, which has been closed for several years
past. The large amount of support promised the
promoters of the scheme appears to have justified
them in taking a large and commodious house for
the porpoises of the institution, which will be opened
as soon as the house can be pot in proper order.
FATAL ACCIDINT.—Another of those sad and
fatal accidents which occur through getting out of
carts and waggons whilst in motion, took place on
Tuesday last, on the Pimperne road. The unfor-
tunate sufferer was Thomas Gould, son of the late
Mr. Gould who for many years was a tradesman in
Blandford. Gould, in company with another man
named Matthews, a sergeant in the Dorset Militia,
was riding in a waggon laden with iron, and when
going down Litton fill, the wheel horse began to
i
trot. Gould got down, and it is supposed, either
the loose slop be was wearing caught some pert of
the waggon, or that iu consequence of weaknes. of
his ankle by a previous sprain, he fell backwards,
the wheels of the waggon pawing over his chest, and
crushing it in. Mr. Spooner, surgeon, was imme•
diately sent for, but the unfortunate man was quite
dead. Dammed was perfectly sober. His body was
removed to his own house, where it awaits the
coroner's inquest, lie leaves a wife and eight chil-
dren to lament his untimely end, the eldest under
fourteeen years ofage, and the youngest seven weeks,
Particulars of the red event were communicated to
the family by Mr. R. Dominy, of Pimperne, and by
the Rev. B. Gray, of Blandford, whose sympathy
and kindney in this severe trial were deeply felt.
It is somewhat singular that the deceased only a
short time before gave his tobacco box to a man
with whom he had been working, remarking that
he should not crime to work again after that day.
He was 39 years of age.

SHERBORNE.
Kino's COLLZOIL —The Rev. H. D. Hamar ham
nominated the Rev. F. Beckley's son to Sir Joseph
Whitworth'e exhibition of £25, which was placed at
the disposal of the governors by the Lords of the
Committec of Council oil &location

Biteit's BaNatturrot.—At the Elder District
Court of Bankruptcy, on Tuesday, before Biggs
Aadrews, Re George Cooper Beer, of Ware-
ham, beer seller and currier, adjourned last *elimina-
tion meeting. Bankrupt owes £557 lbs. SI. all '
unsecured. Assets—property sold, £6 13.. ;
deficiency, friril 21. Espeuditure for support
of himself and family for the two years proceeding
his bankruptcy £6O per annum. The official
assignee reported that this was a second bankruptcy
and all the debts had been incurred since bankrupt's
bankruptcy in 167. The principal debt was one of
£4OO due on a judgment obtained on a covenant in
a mortgage deed of some property dealt with under
the first bankruptcy. The bankrupt was arrested
under the judgment and released by the Registrar of
the Dorset County Court. Since the release the
official assignee, under the first bankruptcy, settled
the debt of £4OO by a sale of the mortgaged pro-
perty. The bankrupt states there were some
policies of assurance held by the mortgagee of this
property, for whom Mr. Lefty of Wareham, acted
as sol.citor, one of which for £4OO was allowed by
Mr. Lacey to lapse by non-payment of premiums in
1.e."... The life assured died in May, 1569, and so
there we. that 1,400 lost to the estate. There was
no opposition ti bankrupt, and he was granted his
order of discharge.
Coowirr Parry Seeeloes. Tuesday.—Before J. T,
Fyler, C. W. Digby, M. Rudolf., and William Calera&
helm
William Talbot was summoned for having travelled
In a railway carriage from Guilford to Wareham with.
oot paying his fare.—Defendant pleaded guilty and be
was fined 40,, and Ms. costa.
John Silks and William Day, of Swanage, were
summoned by P.C. Hart for bang drunk and fighting
in the street at Swann°, on the night of 19 h Nov.
Stiles pleaded guilty, and wee fined Is. and Ts. cost.;
Day, who did not appear. was fined 2s. and It,, costa.
Jonathan NOholds, of Morden, was summoned for
trespassing in search of game on lands belonging to Mr.
Drag. The complainant stated that on the 19th he
saw the defendant in • cover, with nets and two rabbits
and a ferret.— Fined is. awl lls. costs.
John Honeork, of Semler., was ordered to eontribute
fel. per we. k towards the support of Ann Renwick, his
daughtei, in the Devoe and Exeter Reformatory.
()nave Leas, of Poole, was brought up in custody,
charged with stealing a pair of scissors valued
the property of Samuel Bartlett, at the Foe and Lamb
inn, on the Poole road. Ann Bartlett. the wife of
prosecutor. stated that on the 3rd the defendant mis
in the tap room, and she had the scissors on the table.
She left the room for about two minutes, and on her
return the seimors and defendant were g ine. —P. C. House
apprehended the prironer and found the scissors in his
hoose.—lMlendant pleaded gnilty,and was sentenced to
one month', hard labour.
Walter Lyres, Joseph Barites, Entry Legg, and
Fnotk Doge/ale, were summoned by Thome Gan*, of
Wareham, for cruelty to a horse, at Wareham, on the
19th. The ease against Dugilide was withdrawn, and
Barnes and Legg were discharged. Lures was ordered
to pay kb including costs or two months.
James Rabbits and Fraitk Dugdak, of Wareham,
were brought up in custody, charged with beating with
intent to murder John Green, at Carey, on the previous
day. It seems that on Monday aftemooo, about three
o'clock, Green found the two defendants on the estate
of the late Mr. Phippard, meaning. He went up and
tried to take away some nets they had, when they fell
upon him with their stick; leaving him insensible on
the ground. After lying there for some time he orawled
to a house about 100 yards off. Dr. Daniel was sent
for and dressed his wounds. The doctor stated Green
wu dangerously ill. There were seven wounds on his
head, one of which we. four inches long.—Priuners
were remanded for eight days.
William Bolles was summoned for tresrpasaine in
rearoh of game and conies at Carey. The witness John
Green wine the man who was beaten in the above cue,
this was adjourned. Hr. Howard appeared to defend.

WAREHAM.
Fp pro
F. Birws and
approved Lb. new Mr.
sy °stermil'in, bu
New TOWNLIALL AND CoRN-FirIiANDILTh
works are progressing as rapidly as is possible at joining with them, added it was eiP."1"1—,....a.
_e ar Lr. Hewardna'order7:7laltills
asi
this time of the year, and thee who have promised resolved on the motion of Mr. H. 0. Lintel
seconded by Mr. Barman, "That this vestry ts
utheoraptions to the building fund are requested to
pay the same to the credit of the Honorary Secretary the working of the Highway Acts an improvement
and Triwura pinita), at father of on the old system; at the same time the vestry im of
the hankie at Wareham.
Cobb, of
WBaoots4unpusUrrocar.—hisOnsoothollrdesianinetaninatiimArarn he should have to enable him opinion that the waywarden for the higher', parimh
for which he is appointed, hag not that responsibility
within each highway .to oontrol the
and, furthermore.
bankruptcy, before Mr. F. Filliter, Registrar of the that go far as is practiralile, persona livins witbis
Wareham County Court, at the Red Lion Hotel such higlivtgy parish, should be employed by the
No opposition was offered by the creditors present
highway board in the repair" of the various roads, as
and the Registrar renewed his protection until the well as the drawing and getting out gravel for the
9th February next, when he flied that the final repairs of such roads; and that the surveyor should
szainination should take place before the judge T. consult the waywardens generally as to the employ.
L P. Lefroy, E•q. moot of men resident in their highway parishes!'
POUNTT COURT, Wadaaiday.--Selrelaleasall whicn
(though undefended) involved principles of NOlllO EAST BURTON.
importance to the community, were disposed of by
SITDDEd DEATH—On Thursday evening, Mr.
the Registrar of the wart (Mr. F. Filliter), under winuun Row,
dairyman for Mr. Marsh, was
the powers given to county court registrars by the
suddenly stricken with faintness. Dr. Grainger, of
last County Court Act of Parliament. A few of the
Wool, was sent for And attended him but, at five
caroms were defended and tried he the Judge, T. E.
o'clock on Friday morning, the man died. He was
P. Lefroy, Esq. Mr. R. N. Howard, mayor of
about 40 years of age, and Leaves a widow and two
Weymouth. appeared as advocate in some of them
children. The Coroner was informed of the dream.and
tie ALI.. 7escitz,...lof.Dc
.or•liaimestearp,
pecoLidtheLth:dcos.idt.e:
"tare: but he did not think it necessary to hold an
in one or two cases. A long list of cues was, in one 'uque".
way and another, thus satisfactorily got through by
three o'clock p.m. when the judge left. The lut
sitting of the court took place in the old townhall,
only a few days before it was pulled down. The
Court held its sitting this day in the market room of
the Red Lion Hotel, and though the various arrange-
ments by Mr. Yearsley were satisfactorily made, all
parties belonging to this court as well as everyone
else will be rejoiced when the new Townhall is
really opened—The following cues came before
E. P. Lefroy. Fel., Judge.
Mollie Loy.111•N Y. Joe, WALDRoW, dairyman. Claim for
for rent for which defendant had become bond fir one
John Foot.--Mr. It N. Hoinard, of Weymouth, appearel for
defendant. —Foit add he wao willing to mettle with Mr. Long-
man, sUbfeet to the arrangement of certain divide', between
them, and offered to refer the matter to arbitration - Ad.
Jourried for this to be done.
LAIIOOIIII3I Y. Ills LONIKOI AND SOl'ell-WWITIDLN RAILWAY
OD AAA NA . rlaini for CI I 'it„ for hoe of a mu .ent by the
Compaii)'s train to Wimborne sin yeses ago. Mr. Weston ap-
peared for the plaintiff, and Mr. Lacey, of Wareham, for the
Company. Mr. Weston said that hi* client had sent two pip
per rail to Winit.The from Wareham. and, through the neut.
genre of the Company** servants, one of the pigs, • very rat
table one, had been killed, and not only killed, but actuality
eaten byethe defendant.. -Mr. Lacey, on behalf of the Com-
pany, owned that the pig had been killed, but it was not In'
muted. and theretore be contended that plaintiff could only
reeiver £2, according to the Act —Mr. Weaton maid that he was
aware his client could only claim £2 compensation, as the pig
era. not Insured, but sorely they could claim the carcase of the
pig, or l's value, ae well —lib Honour said he did not consider
there was any ammo In the Act of Parliament that stated
that. Plaintiff was only entitled to £2. although the carcase 44
the pig had been disp wed of by the Company. Mr. Weston
raid that it wao a hard .ase that hi, client xhould be his pig
and only reveler the hate compensation of £2. The Company
would be gainers thereby, and it would lie only to their In-
teract to kill • pig every week. —Hie Honour said that fipople
should insure their goods before mending them by rail. If they
neglected so to do, they must stand by the consequences.—
J udgment for plaintiff for ft
Almanac Lasoocivre, Winfrith, v. PIMP Bretton, Winfrith.
Claim lir It 10s. 2.1. for work dune. Defendant employed
plaintiff to do wane carpenter's work for him, and In so doing
he dalnaifed • door, for which he claimed a setoff of It.. 6d.
His Honour allowed to., and gave Judgment for LI is. 2d.
`l•Mr. W•rsh.u. s. Joint Cram. Claim for
LI V.. for envie •* Royal ellibrowillion for hones," of whirh
plaintiff was the manufacturer. MY Lacey appeared for defen-
dant, and said that hie client had certainly received the
embrocation, but had returned it according to theconditions
of the minium. Plaintiff aaid that the embrocation wee not
mupplied to defendant on the term. 44 sale or Mum. Ile did
oil Atipple it himself, but Matra:eller, who was aliment being
$1... a tra:eller fir another boo., -Him Honour said that the
tr., eller ahould hate been present, and nonauited
lo S‘aail Coca widow, of Lad Lulworth, Bankrupt came
ny for her order of diachanfe, sum.ittal by Mr. Laney, of Ware-
hotn. 100 CO, Incurred through being surety for • man
oho iotb...equentb became ineolvent. There war DO opposition,
and his Honour granted the discharge.

BOURNEMOUTH.

lurnovziessitt—This favourite watering.place is
fuller Oita usual at this season, and many families of
position are settled here for the winter. The only com-
plaint is, as regards people of the first position, that
the owners of hind have been too cramped in their
notions of the land which should surround a good
house, so as to ensure a reasonable amount of privacy.
The demand is for not less than an acre to a hone%
and to • stranger it seems marvellous tbewe should be
any difficulty. Fortunately • little to the westward
of Bournemouth, and in SD equally good climate, thin
want is about to be met, and splendid sites are
&noted on which building will commence in the
spring. Combined with the additional facilities by
the new line, of railway now making, this salubrious
district will be easily reached from all parts of
England, more especially from the north, whence so
many invalids mime. Connected with Bournemouth
generally, it is marvellous that no mechanical
appliances bars been found to give patients the fall
benefit of the seawater ; an bypropathetio establish-
ment is, however, we hoar, contemplated.