The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1860-05-15 00:00:00

lisdiat.

bronght to recover Ilasnages, for the deterioration of
plaintiff's sheep, which it was alleged the defen.lant had
caused to be illegally impounded. Mr. Andrews. of
Dorchester, was for the plaintiff, and Mr. Tiranl for the
defeiolant.—lt appeared that the plaintiff rents the
wute land belonging to the Railway Company, and the
land above it, round the Vern, and the defendant OCCII.
pica the land below the railway. The fence adjoining
the railway belongs to the defendant, but the military
bridge passed over the railroad at one point, forming a
communication between the two lands, and which COM.
hiunication is always open. On the morning of Satur-
day, the 21st of April, the plaintiff's shepherd saw the
sheep safe on the land of his muter, above the railway,
and between 7 and 8 o'clock on the following morning,
a person called Sharker, a 'leeward of the island, saw 19
ewes and 10 lambs on the defendant's land and drove
them to the pound where they were kept several days,
as plaintiff refused to Fay the 36. demanded for damage
and impoundage. His reason for refusing to pay the
money to release the sheep was, that he believed the
animals had been illegally impounded. Shaker, his own
shepherd, and one or two others having told him that
they had got upon the defendant's land through • gap
lit defendant'sfenoe, near the blacksmith's shop. Sharker,
too, made • great blunder, for not being well versed in
natural history, he wet the bran before he gave it to the
sheep, and consequently they would not eat it, the
result of which was, they deteriorated about 10s. a
sheep, or F. 15 altogether, although plaintiff asked only
£5 compensation at the hands of the court, just to teach
defendant that he must keep his own fences in repair.
On behalf of the plaintiff's case, it was said that one
sheep and lamb were seen to go through the hole in the
wall, the sheep hail frequently before been seen to get
into the defendant's land the manic wsy, and it was
stated to be another well known fact in natural history,
that sheep, once taking one road, would never of their
own accord go any other road. For the defence on wit-
swore that he new somewhere from 20 to 40 sheep go
over the military bridge, about one o'clock on the day
preceding the impounding of the animals, but another
witness who was with him said there VMS only about a
dozen, but neither of them knew whether they were
Portland or Down sheep, nor whether they possessed
horns or not. The judge said that the decision in this
case must rest upon probabilities. Had the military
bridge not beeen brought into the question, the probe•
bility would be that the sheep had got thrungh the wall,
in which case the sheep would hate been illegally iin•
pounded, it being the defendant's duty to keep his own
I fence la proper repair. Bosom, sheep had been seen
' go over the military bridge on the Saturday, and the
probability was they were the plaintiff's and that they
remained on defendant', land till the Sunday morning;
and although the trail of sheep was seen in the gap in
the fence, the probability was stronger that, on this
particular occasion, the sheep went over the military
bridge than through the gap. A verdict was accordingly
given for the defendant.

caused

INSOLVIIICT.

Jahn Clarks. of Radipole, baker, presented his peti-
tion, and an interim order of protection wee granted.
He owes £194 4s. 10, to meet which are book debts
1:134 Is. 15d.