The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1871-06-27 00:00:00

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THE DORSET COUNTY EXPRESS AND AGRICULTURAL GAZETTE, TUESDAY, JUNE 27, 1871

At I minutes peat one, other cams having been disputed of,
and Mr Sa &Meld being then in court, the Sack Compuo's tase
was Ca on again.
Mr Howard raid he now feund that part was Intitied—(a
laugh}
Mr WelMortisaid thst the letter put in at fist admitted the
receipt of the sitelLA lent in ISd, and Mr Howard having made
the subsequent admission, that was his case. The matter
stood thus :-4)t the 21th August 100 sacks were lent, un the
eth November fah and b 0 nit,re sulsequently. on the 14 of
January 121 of this *)) had bent retunied, leavon2 72 mire-
turned, and the gustation now won whether thaw had been
returned or nut, the dclendant having admitted he had re-
ceived them.
'1 Mr Wippell was then cross-examined by Mr Howard. He
odd lie had been the manager of the company emu it.
formation.
Mr Howard asked how many disputed eases they had had
lately, and Mau whether they had not withdrawn a cue this
wonting.
Plaintiff was about to state the eircumeances of the with-
drawal; but the Judge thought it unneoesaary ' • they might
take it that Mr Wippell was a good customer to the County
Court:
Mr Wippel said that he always came unwillingly. In answer
to Mr !toward he said the sacks mane from their agent at Wcy.
mouth, Mr Vertue, and they might be returned to him, or to
their place at Dorchester, or any place where they had a depOt.
They lied had a Mr Perkins in their employ ; he had left them
but had come back again, after being away about a twelve-
month.
By Mr Weldor": Mr Perkins was then travelling collector.
II)' Mr Howard : At the time he was with them this was
his district. Witness had sent a number of hills for this
amount, and tiny had not been returned. Defendant said a
number of bags acre returned In thee • but the company said
they were not returned. Le had no knowledge oftheir being
returned; Ito had made catmint:4 of the went here and a his
men, and they denied that the bags had been returned.
Mr Howud ; Do you mean to swear that these bags have
not heen returned to ourself or your agent ?-1 have every
nation to believe they have out boon ; but I will not swear to
t.
Mr Howard: Supposing a man hires as many bags from you,
and he arias theta to a farmer, that farmer may wild thew
bag. to You? —Yes, if he sends them in the right came.
Mr Weidord : When you have lent bags you merely receive
them from any one else, but you have nothing to do with
making any cue liable but the borrower —No.
Mr Welaford : On the return of ally bags you give proper
recaipts Vis.
Mr Weisfurd : It is a part of the agreement that none will be
allowed for union the receipt Is produced 4—Yest
Mr Howard amid his Honour had ivied that the letter was
an aduaisaion of all the bags being received up to a certain
date; but if plaintiff tendered part of the letter In erldullee, ,
he was bound by the whole contents. The letter stated that
Dm bag. had bum returned. and he maintained that by oat
-
h% it In, plaudit! had taken upon himself the burden of prov-
ing • negative.
Mr Weldon' said Ito took it from his Honour that the letter
was all adwmion, therefore he did not consider it um:unary to
continue Ids tame.
Mr Howard said Ida friend had the option of proving at by
calling a witneas to prove that he delivered the bag. toi rich a
day, and to have proved that so much money was a fair price
for their hire. luataad of that he elected to do by putting in
that letter—
The judge: I suggestnlthat.
Mr Howard said UAL if his friend put in that letter, he could
not take away from it the bur.:en which it bears. 11 it was
true, it must u taken as lrlie throughout.
The Judge said • man cannot make evidence for himself by
wraing ; but he may make an admission against his own

adjourned,
Mr Howard said, as to the continued charge for hirelng, he
would be quite content to leave It to any reasonable man. If
defendant had held them till now there would be some reason
or the charge.
fhe Judge suggested to the legal gentleman the terms of
arrangement in ease plaintiff ehould turn out right, and alto
the terms in case defendant was found correct, and the further
hearing wow adjourned.
Mr V. Ippen .un.equently came into Court. and gilded that
the cane had been arranged. They had discovered nothing,
but an the defendant had raid LA 10e for the hire, £7 10. for
the I alue of the sacks, and the legal tipsiness, they had con-
sented to it. being settled.

Ititortsts.
Mr 'toward; You cannot awed tho letter, and take ono
part and nut tha other.
The Judge: Yes, certainly ; the one is an aduiltilun the
other an a.sertion.

Mr ileward : You would not c ,colder he Lad taken the
burden of proving a negative upon hintsol ?
The Judge: It is an ahnisuou in cue part against his
interacts, and therefore admissible; the other Is ea amertieu
and therefore inadmiamble.
After some further conversation, Mr. Howard pointed out
that there were cameos amounting to about £2O for sacks,
the original cast of which would be about .g 7 10s. When the
bill for these sacks was sent in to defendant, he disputed it at
once, and it was • question whether hi. having dune no did
not put an end to the contract, and whether he would not be
only liable for the first ou..t and the hire up to that time.
But the company had allowed the reamer to go on for lha
y mars, and then brought an action for the hire all though
those years. 11 they had waited all this time to run up • coin
el a;2O for hire of an lulled° that only cost £7 10.., he con-
tended that it wee almost like frau louid if it was not no, it was
sery like 3 system of trawl.
The Judge: Oh no! you cannot my that. Ili. Humour
pointed out that by their conditions they were expressly
entitled so to charge; but he thought the company ought to
have given defendant noth.v.
Mr Howard repeated that the proper charge after defendant
disputed having had the racks would have been gis a mei:,
the value, and the hire up to that time. To charge 100 per
cent on the value wale a disgrace to the company.
Mr Welstord aid Mr Howard had no right to we such
language. Every six months and acceuut is sent in to the
custormrs and they 4111 140 the charge for hiring, and they
.that that the company say they or some persons belonging
t them has these sack.. He did ltot think such an lin:.Utaltou
ought to be east upon the company.
Mr Howard : 1 ant ready to repeat the imputation hero, or
211) where else out el this court.
The Judge thought the company ought to have given notice
that they were charging not only the hire but the prism of the
sacks.
Mr Welderd said the company did not want to charge It.
They oily mid " Britig us back our tacks."
Mr Howard suggested the case of the bags having been
dristroyeil by are. Could the company then go on charging
the hirel
Toe Judge said defendant could have gone ant paid for the
tags at 0110 C: It Was his own negligence that mused the
charge, for it was in his power at that time to tender the
proper
'elle:li nt;ald if a man had power after the sacks had been
burnt to pay the value and the hire up to that *Ante, he had
power to do no under the contract.
The Judge thought the hardship hal been done away with
by the hirer having the power to pay before.
Mr Ws:Word said it an, the hirer's place to take care of them,
and to take care that they are returned.
Mr Howard mid he had before been speaking on the law of
the case. The faits were that Mr Viand, when he had these
sacks mint them to Mr Pope, a miller, at Nottington, and
when the account canto In from Mr Perkins, he elicited
to the charge for tbeSo it sacks tellieg him where the sacks

as. aso,
11r. Wel‘ford said 1121194 a right to ask if his friend was
gaol ti call Mr Pcrtitts to prove this
Mr 11011, I etilitOt call Wet.
The Judge: Then you c linos tell us what a man would say
if you are net going to call him
Mr lloward said that after this bill mine from Mr Perkins,
the agent and coMector of the company, his client saw Mr
Perkin* about this bill, and told him that he had soot the sacks
to Mr Pope's.
He caloxl Mr Ward, who said he had some dealing with the
Sack Company; Mr Perkins representol them, and had called
at withess's home several tiuics, and h: had paid him bids.
Mad an account !roe him, and Cow at the bottom a nate of
sacks uutstaading. When he reeaved the bill with the note
at the bottom, he saw Mr Psrkins, whom he drove to 1.1
cheater. Mr Perkins told him that he had been to Mr Pope,
who had said something about the bags; he lad mat back
some. Winless toid him that Mr Pope lia I soot some of his
(Mr Ward's) and he said he would am them transferred to
witness's credit. Mr Pope had sent back bags of his own. and
sine ft homes, and had been credited with thetwhole,and Mr
Perk... promised that anise of them idtimid be transferral,
a.l i• toss ...aid he wit ti pay for tho rcit.
lie .I.i ;IN 0.1111.1 net 1,00 h AY the plaintiffs could I;et out of
that withuat calling Perkins.
Mr Weisford said they did not require to do so; was no
lam of their cam to prove that the sacks were returned.
The Judge: Supposing they Conle back to you in another
ii sine, you could nut have the eteltelentn to charge again for
them
Mr Wel.ford said Mr Pope had had the credit of these bags
being returned. The other aide, said that Mr Pope returned
then, for Mr Ward ; but it was for them to decide that Mr
Pope had cm tit.' for more bags than he had from the
company.
The Judge: If it should turn out that Mr Pope actually
returnol thine bags, and they were credited to the wrong
names you have sustained no harm whatever.
Mr It We say we have no more bags from Mr Pope
than we lent hint.
The Judge : Perkins must be here to prove that though Pope
sent back thine bags, you have had no more than you lest
limo In In. own name.
Mr Ward was then cross-examined and sill he overtook Mr
Perkins on the road and drove him to Dorchester, having
offered him • ride. Ile told witness lie had been to Mr Pope,
and lie had mid something shout some bags. Witness told
him he hail his account from him, and he should pay it with
the exception of the 121 bags outstanding, became, they were
returned by Mr Pope's man in a mistake. Mr Perkins said
that Mr Pope had told him the some, and he would get them
transferred. Mr Popo said he gave the mm orders to return
sonic bags, and Mr Pope did so also. Witnes. nail Mr Perkins
quite understood that they were the lame bagi so entums had
hail. Did not understand they were re:Lewis' in plaza of some
Mr Pope had hitimlL
The Judge : How on oath could the agent of the Company
know that these were Mr Ward's bags?
tir Howard : 8eC21410 he has Just seen Mr Pope, who had
told him so.
Mr Welsfonl : That is dorbly hearsay evidence. It was •
statement that Mr Perkins mid that Mr Pipe hem) sold him
Ile did not Ant he saw the naan who had returned the bags.
Mr Word: I took Mr Perkins's wont as a gentleman.
Mr Weisford : Did Mr Perkins state that the man who hid
returntall the bags said they were yours?
Mr Ward: Mr Perkins said cnly that Mr Pope had sent back
my and I rested my heart very well contented, till the
bill mane In.
Mr Weldor': At that time Mr Pope might have other bap
belonging to the Company I—A. Mr Popo might have hundreds
or sourest of bags In hie bill
Ily Mr Howard: Mr Pope's house is almost on the road lead-
ing to Dorchester, and I met Mr Perkins going from Mr Pope's
to Dorchester. I had previously informal his agent that them
bags Lad been sent back back by Mr Pope In mistake.
4. When you received the bill you went to the agent?—
Yes; I fin.nd that the bags had been returned, but in Mr
Pope's Inure.
Q. In consequence of that you saw Mr Perkins and told him
Ei err time Vey have sent you the bill you have written
bock to tell them no t- foe; the Met time I told the agent
they were gone back, and were tranderred.
4. You can return them to any place where the Company
have • depOt I—Yes.
• If you rent them here you may return them to Devises,
for instance 7—Vest
The Judge: If Mr Pope delivered these melte in lieu of so
many if his own, and kept his own, then I think defendant is
liable. I cannot decide the ease without Mr Perkins.
• Weisford : I submit that it is no pout of my case to tall
Mr Perkins.
The Judge : Yes, I think it is now. I have men no unfair
detlienleany cane on the part of thht company: But if it
shoot item out that they got all the sacks from Mr Pope,
although they hail come In Pope'. name, then I think In com-
mon fairness they should be allowed for.
Mr Weldon!: Mr Pope has hail credit for them , and we
cannot give any other person credit for them without Mr Pope's
permission.
'floe Judge: If you have got more of your sacks than you
havegiven credit for—if, for instance. Pope only had 100, and
you Sod you received 2 0 from him, then you ought to give
defendant credit for them.
Mr Wippell : If Mr Pope had over-returned, the defendant
should have credit for them ; but there Is already • dispute be-
tween Mr Pope and me for 70 sacks.
Item stated that Mr Pope was torment, and willing to give
evidence; but neither side would call him.
The J odge : 1 call him.
"''wail statid that Mr Pope was liable to defendant, if
. o 10. • ro:turottol to the company.
The Judge: I will examine him as my witness.
iii answer to his Honour, Mr Poo° mid he reneived corn
from Mr Ward In 1068. At thattame he did not believe be owed
the company any seeks. He received 192 sacks of wheat from
Mr Ward, he believed all in the company's sacks.. 100 racks
he writ. lack to Mr Ward, and the other' to Mr I ertue. Ile
ant them in no particular name; but he never hail credit for
them. Witness ha. an account from the sack company ; but
hail not got It with him. Had bad no account concerning
Ward's sack. ; but had half -a-dozen accounts at home.
The Judge: What became of those 10d lacks you sent back
train
Mr Ward: They were returned to Mr Meech ; I hale got
credit for them on the bill.
The J edge : What made you return 100 to him and 22 to the
company'
Mr P.•
meld

Mr Pope Them 91 were the sacks that remained. U "
:ouid not dart them at the time.
The Judge: What is your rule as to diva,' g of sack, from
farmers; do you, am a rule, send them back to the farmer or to
the c unpany'il agent?
A. Ido bot 9. lam supposed to deliver than to the
in which I received theist; but sometimes they leave wagon tre
loU. If the waggon does not happen to take them back, when
wo have started them we nod them to the neared depot. We
are in Wcymorth every other day.
By the Judge: The wicks were sent in my name by mistake.
We do not always get receipts for the sacks ; the men are gone
to dinner, or there 14 6011110 other reason, and we cannot get
receipts.
A receipt for ITU sacks from Mr Pope was produced.
The Judge saki nothing could be done without Um agent,
Mr Perkins.
Mr We/slord : Will your Honour kindly ask this witness
If he be had taken any trouble to get these wicks trans-
ferred.
Mr Pops, in answer to the Judge; I told lMr Perkins that I
had returned 91 or Nyack; which were Mt Ware's ; but 1 am
lemilaree to why the day.

Mr %Word : You ea) you returned M; but we do not Grant Money. The reigning Sovereign is Lord
claim Dire than 75. s
or Lady of the Manor. and as soh is entitled to certain
i In answer to the Judge, Mr Wippril mid their sacks were I dues on the stone raised, and oncoming to the throne
I net numbe.ed, and they could not Identify them one from
grants 91. out of every is. to throe trustee., to ho laid
au,ther.
The Judge said that, according to the evidence, Mr Pope's out by them for the benefit of tho inhabitants of
accoulit ought to be over-credited after thew were re- Portlind. The total Ram thus granted from 1810 to
tunic:. - 1864 inclusive, wan £9i57. or an average of £389 per
Mr Howard said every farmer hires sacks, and the miller annum. The mount granted in tho threc year* ending
might send them back. 1870. end the expenditure during this period was
Two person. in Court said they had sent bock two lots, sod A a d.
never had receipts. .
o the Churchco .. .. ... . • 310
Mr Wlppelh pa old the company y the postage of rec T
eipts if 1 Parish Schools .. .. .. .. 540
the sacks are delivered ist • distance; but if not, they ire rcn I
Wesleyan School .. ..
turned by the carter. .. • • 30
Thu Judge: You never ought to allow • single sack to Gifts to the Poor .. . • • . 140
he j . 97
.. .. .. .
sent back without s receipt. There is a caution not to do so I Emigration
and Coals .. • • .. .... 119
on the irioted form.
Mr !toward :I can put witnesses into the box to say that they Dkionfory _
...
..
.. 14 I
had no receipts. Lamy i.. .. .. .. .., 25
The Judge: They On- II 11l Institution .. .. • . 3'l
receipts. ought nut to giro up the wanks without Drill Hall .. .. • . .. .. 100
Dinners
After some further conversation, asi...uoisnoeus .. .. .. .. 105
The Judge said he could not think of deciding without Mr
Perkins. hut be asucgestod that If his declaration was token. It
would solve the difficulty. In the mean tlwo the case must be

1651 19 7

Bee Mr. Howard's letter. May 31, 171 :
" The Local Board has applied to the Trustees more
than once, to expend some of the money in the improve-
ment of tho water supply, thinking it would be a
benefit of • permanent nature; but 'the Trustees
have always deelihed."
" The Commissioners of Woods have the control of
this Grant, and it appears to me very desirable that an
endeavour should be made to apply a considerable por-
tion of the Grant. for some years to come, to the
payment. principal and interest, of the sum required
to provide the town with main drainage and improved
water supply. 1 have no doubt that in this manner
it would be beat expended "(or the benefit of the
inhabitants." It is questionable how far, under the
existing laws respecting church-rates and education,
the espenditure of so large • proportion of the Grant
money, or any of it, on the churches and schools can
be justified. There is acorn of neatly 4.1,000 now
lying at the bank, the purchase money for land taken
by the War Department, which belongs to the free-
holders in the Island. The number of In.eholders
Is so great that this BIM affords but a snail
trifle to ea& person. "the committee who are
entreated with the money, are very anxious that it
should be laid out in some works of a permanent
nature for the benefit of the public at large." See Mr•
Howard's letter 31st May. 1871. These questions of
the "Grant" and "Common" money were raised at the
inquiry. and I refer to them here for the purpose of
showing that if all the inhabitants and those who are
entrusted with these funds were to unite for the par-
pose, there would Ibe no difficulty in carrying out the
work recommenned ; and that the plea of poverty set
up by the Local Board should not on any account be
permitted to stand in the way of carrying out the per.
manent works of main drainage, and improved water
supply, which are so urgently required for the health
and comfort of the inhabitants.
e I therefore recommend that an order be made by
the Home Secretary. under the 49th Section Sanitary
A0t.1866, requiring the Local Board of Portland to take
steps within one month, for the main drainage said
improvement of the water simply of that part of the
island known as Fortune's Welland Chisilton, and that
immediately on receipt of the eider, they improve the
road through the town. and erect railings or other.
' wise make safe the footways ooniol tined of by Cept tin
Heins. Also, that t.e Lacial U i.trd pnivieita for
lighting the town durin3 the winter WWI in.
The complaint made by Messrs. A. Pearce, It. Cox,
Bales, aud Rabat., of the pollution of Easton pond,
he WU satiahot was justified, and also that it is •
nuisance, and he reaommended that the basal heard be
ordered to drain. Weenie, and fill up the pond ionize.
diately upon receipt of the order.
- -

The Board, having discussed the report, re-
solved unanimously to carry out the suggestions
contained therein; and tho Clerk (Mr. it. N.
Howard) was requested to ask the Secretary of
State that the necessary powers be given to
enable the Local Board to have the Grant and
Compensation monies to ho • expended on the
work. The Grant Trustees and the Compensa-
tion Committee are to be asked to co-operate
in the matter, and • committee is to ascertain
from the gas manager the terms on which the
Gas Company would light Under-Hill, Reston,
Wakehani, and Reforne.
It is gratifying to find that the Local Board
have freely taken the duties laid upon the m,and
if the Grant and Compensation monies can be
so applied, it will be a good thing, for at, present
a considerable sum of money is expended to the
satisfaction of very few in the island, while
these works wll be for the general advantage,
and inaugurate, we trust, that "good time
coming" for which we have so long hoped for
and looked in vain.

-------
C. Kent, S. S. Hunt, W. T. Horsy, H. Taylor, (Dot.
chi star), Woodrow. Kendall, W. .7. Card. Hellen
Hooper, Swaffiehl, WI ito, P. lieu, Ise. Mr. J.
Damen oecopied the vice-chair.
The CIIAIBMAN proposed the usual loyal toasts, and
they were w.-11 receive.%
In giving " the AMY, Navy, and Volunteers," the
CIII.III3US expre.sed his con6d.nes that there was no
ground for alarm in this country, and his satisfaction
that in consequence of resent events on the continent
we had not mated into great and unneeessary military
expenditure. What we needed was that the money laid
out should be expended on a well•organised aypoem,
and that while our defenders got a " fair day's work for
a fair day's wage," the money should not be uselessly
frittered away. In pant times our forces bad main-
tained the honour of this country, be believed we were
never b-fore in a better c .edition to protect ourselves,
and that we had every reason to be seHrellant for the
future.
Private ATKINS of the Dorchester rifle corps, res-
ponded for the volunteer', and modestly pointed to
the fact that the volunteers of Dorset had accepted the
invitation of the Government to join the flying column
in Berkshire next September, as evidenee that the men
of this county, at least, are willing, even at some
sacrifice of personal convenience, to avail themselves of
every opportunity to ecquire that proardeney In military
snowledge which would serve the country in good
stead should an invasion be attempted.
The Vtcg.Cinitoun proposed the health of the
President—J. H. Calcraft, Seq. He had occupied that
position for a great number of years. and had been one
of the society's warmest and best sppporters, constantly
attending the various trials of skill, and in other wan
showing his interest in their operations.
Mr. Cirawadrr acknowledged the compliment and
reiterated his interest in the society, and the pleasure
It afforded him to attend its meetings. He then
proposed the health of the judges, with thanks for
their services.
Mr. Honer', replying, said the mowing was done ex-
otiedingly well, and they bad some difficulty in award-
ing the pricrs. With regard to the shearing, he had
seen very much better, and was rather surprised to go
through the sheep without seeing better work. He
didn't believe there were three sheep shorn perfectly.
or so well as be had before Been there. One man *aid
it es the sheep's fault. He thought that at Dorches-
ter the previous wae•lc the shearing was far superior.
In reply to the Vice• Chairman,
Mr. flux= said he preferred Vie work of the men
with scythes to that of the machines.
Mr. Duana.Ls also respJuded, and concurred in Mr.
Homer's remarks, though on behalf of the machined he
remarked that they were allotted ground where the
crop. was very light, and that caused them to run over

To -Pisces. - -
Mr. Lanai (hon. sec.) reed the list of awards, and
said he weld not help suggesting that the sheep shorn
at Dorchester thorns) were mach easier to shear than
Mr. White's.
Mr. WHITE said ho had no doubt that was the Mae.
The PititSIDVIT then gave the health of the VlOO-
- mentioning his kindness in all matters to the
society.
Mr. J. J. &ITU responded on behalf of the 'Squire,
expressing the interest Mr. Weld took in the slimes of
the society, pal his regret that he was unable to be
pr went with them on that °cession.
The Pasrstos sr prop u.ed the health of the hon.
secretary ( dr. Lie..y) whose kind exertions on behalf
of the society were so much eppreciated by them all,
and had been so succieuful.
Mr. LaCZT, in acknowledging the oompliment, said
ho was plcssal to do all he weld in behalf of the
society, and he was glad to sty they were prospering.
Year after yesr they gained in strength, their lands
were well anatwined, aud he believed the society was
doing a thoroughly useful work in the district.
Shortly niter the President left, when Kr. Bates wee
called to the chair, and the meeting, whlish wss of an
eminently social chersoter, was continued with geniality
for bOLZIO tune 100g0r.