The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1884-09-02 00:00:00

COUNTY COURT.

TAClLiDat.—Beforo Mr. derjeant Tindad.ttkinson,
judge.
William Symmend. v. Henry Philpotts.—Thi. WAY
a judgment brought by plaintiff, draper
and outfitter, of Wimborne.—The defendant wit. a
labourer, living in Wiltshire, against whom judgment
for a debt of ko 10s. GI was obtained in 1881. None
of the instalments had, however, been paid, as
ordered by the Court,-1 he Judge said it was a inde
take to let judgment remain in abeyance Ion; when
instalments were not paid as ordered.—Plaintiff
it a, I that the defendant and hi. family went to
America soon after judgment was obtained, and had
only recently returned.—The defendant said he diil
not know that he owed the plaintiff a Single farthing.
—The Judge said it was evident the anemia was due,
because judgment had already been giveu in favour of
plaintiff. Thu question was how could the amount be
paid f What wa„us was the defendant earning 'f—
De:euttiiit said he earned 2.5. a week.—The Judge:
That is receiving money in homeopathic quantities.
Is that all you get f —Defendant he want to say
that he gut 2s. a day, not 24. a week.- llis Honour
made an order for 21 days' committal in default of
IslYment of the instalments already ordered.
W. Pearce v. A ildrew Sieuch.—This WA, a Pidginent
summons in res,fect of an unpaid Whine: of li.
Order for payment in two installinidds,
iseuras; lunge. rstivard itracher.— /1114m:11.111 WAY L..
recover for damages to a bank through a certain
act of trespass on the part .if the defewlant.—Mr.
W. Dibben, who appeansl fur the plaintiff, said Piero
was something nore than the were actual damage of
five shillings to be considered in this action.—His
Honour : Just so; to employ a solicitor merely to
cover a sum of 5.. would be like using a Nti.inyth
hammer to crack a nut. (Laughter.)—Mr.
put in a deed and plan showing that the bank t.i which
the damage had been done W3l the property .if the
plaintiff, by whom it had Isem erected, an 1 that his
land extended seven inches beyond the Intik, and was
included in • certain 150 feet of land iwintioned in
the deed and shown ;in the plan. The defendant had
insisted on digging close up to this bank instead of
leaving the seven inches clear untouclpst ; and had
moreover cut the bank at the foot.—Defendant said
his landlord told hitu liwt a right to dig right up to
the hank.—Plaintiff said that he had nipeatedly told
the defendant that he must dot dig his land within
seven inches of the bank.—Defendant : I merely
shaved the hank If and improved it.—Plaintiff said
the bank had been literally ctiopissi ill at the bottom.
—The Judge remarked that the defendant appeared
not only to have " 'bared' the bank but to have cut
off the chin Ai well. There was no defence to the
action, but the plaintiff having obtained what he
wanted—a public declaration of the Court as to his
right to the land claimed—he thought justice would he
done by the award of a shilling itainages and the
costs.—My Dibben said his client would be perfectly
satisfied with that.—Verdict accordingly.
In re Edward Tague.—This was an adjourned
application for an administration order under the new
Bankruptcy Act, having been adjourned from the
last court in order that the applicant might have time
to raise Pi, the preliminary court fee.. The applicw
tion was now opposed by Mr. Wareham, the chief
creditor, to whom KJ Wai due. The total amount of
debts Ai per schedule Wai over Plo.—ln reply to Mr.
Wareham the applicant said that lie was only 'a
, receipt of Ils. a week, and that hi, work .WA4 not
pe"tuattent. Out of that 11s. he had to maintain bums
self and wife awl pay LI a year for rent.—His Honour
said that in dcotlaud the wages of a man could wit be
taken into account, Ai mean., when considering how
• debt could be recovered by litigation; and he thought
it was a very wholesome rule, for it prevented trades.
1 men from letting labourers or other poor persons run
largely into their debt. In this case he was inclined
to let this man off with a payment of :is. in the 12 That
' would be equivalent to reducing his debts to 11
of soinething like 1.11 He might also say that in any
future CAN, of this sort which came before hun he
should tmelee the in court fee paid by the debtor to be
distributed among the creditors.—ln reply to his
Honour, the debter .aid lie could not iuy more than
2r. a month —ND. Wareham urged that the debtor
could pay more ; but his Honour pointed tett that if
an order for ss. a menth were made the debtor would
only have about Bs. a week left to live on. The order
of the court wouhl be that the debtor pay 5.. in the 1:
by monthly instalments of 4..