The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1867-08-20 00:00:00

clerk, and Is. 4d. for bread supplied for the Sacrament.
Mr. Tanner, who appeared for the plaintiff, stated that
his client had been parish clerk at Stenbridfro
period of 13 years, and the ground of the preeentelum wan
that he bad been wrongly dismissed from that office. It
churchfor the
ap from the 4th and sth Victoria., sec 5. that the
only"repearsons before whom • pariah clerk could be tried
ohe or
pol.rdinitniaffryh of
to for neglect of duty, or misdemeanour, were the arch'
doesso
present
ease t
roper
notice by the Rev. Carr Glyn, the rector of the parish.
—John Baker deposed: I am now residing at Bland-
been
ford, I was appointed pariah clerk at Stanbridge church
the diocese, Lbeedreu wiitnhothuet p
July 3rd, 1851. The Rev. Carr Glyn gave me the ap.
pointment at £2 per year, clear sash. I found the
Sacramental bread. I claim one year's salary, which
was due March 31st. My salary was for some years
paid at Christmas, and latterly at Faster. Mr. Tanker,
the defendant, is the churchwarden, and has been no
the whole of the time I was there. I have not been
cited to appear before the archdeacon or the bishop for
neglect of duty or any effenoe.—By Mr. Tanker: For
what reason did you absent yourself from your duties?
"Because I was prohibited by Mr. Glyn. Mr. Glyn
sent me • written notice."—His Hamar : Have you that
nodose? "I have not got it here, I have it at home"—
His Honour: The very thing you wanted you leave
behind. How could you be so foolish ?—By Mr. Tuber:
Did you not keep away from church two or three
Sundays altogether? "I did not stay away until after
I was prohibited from ooming."—For the defence it v
alleged that the plaintiff had absented himself from i,..
duty on a Sacrament Sunday previous to having an in-
timation front Mr. Glyn that his services would not be
required any longer.. -Mr. Tanker said that either the
latter part of June or beginning of July he missed the
plaintiff at church. He had then been absent two or
three Sundays. He, as churchwarden, gave him no
notice to give up the office. He had regularly paid the
plaintiff and never had any fault to find with him.—
Plaintiff, in rather an excited state, said that the de-
fendant had always been • good friend to him. It was
not his doings, but Mr. Glyn's.—The Rev. C. Glyn
was then examined: He stated that on • Sacrament
Sunday, either the latter part of June or beginning of
July, the plaintiff absented himself for two or three
Sundays, and he then sent him word that they con-
sidered they could do without a clerk. He then absented
himself from church altogether. He was not appointed
In vestry, but had filled the office nearly 13 years, during
his (Mr. Glyn's) ineumbency.—By Mr. Tanner: I ap-
pointed him parish clerk. I might have intimated to
Mrs that I thought he had better stay away.—His
Honour: Then your answer to this claim is that the
plaintiff absented himself from his duties, and by so
doing bees all title to his claim. Before giving my
decision In this mum I will hear the next.
Baker s. The Rev. Carr Glyn.— Claim £l7 10s. for
one quarter's salary as schoolmaster of Gaunt's Common
School. Mr. Tanner, who again appeared for the
plaintiff, having briefiy stated the caw, plaintiff said:
In July, 1854,1 was appointed schoolmaster to Osunt's
Common School, by the Rev. Carr Glyn acting for his
brother, the late Sir Richard Glyn at a salary of £7O,
per year. I remained in that aloe till December,
1866. At the decease of the late Sir Richard, the
defendant entered into • special agreement with
use. He said he should not be able to keep on
the school without the aid of the Government grant,
and as that could not be obtained unless I was a
certified matter, he wished me to prepare myself for
examination at Winchester. I did 14, and about the
6th or 7th of February last year, the Government
Inspector came down, and it was arranged between
myself and the defendant that I should go to Win-
chester for examination, the rule being that a school-
master must have been in • aohool for two yeas, and
be eating as such when be goes for examination. I
was illegally dismissed from the school by Mr. Glyn
last Christems.—(His Honour: What do you mean
by illegally. How can you say whether it was illegally
or not. You must leave others to judge that).
Plaintiff, who again became rather excited, first said
that he had a regular written three months' notice
which notice would expire at Christmas, 1866,
and that In consequence of such dismissal he was
not able to go to Winchester, and afterwards stated
that he received his quarter's notice V weeks before
Christmas. His Honour : Where is that notice?
Plaintiff. I have left it at home. Mr. Tanner here
stated that the ease had only been put in his hands
just before the Court commenced, and he saw at once
that without the production of the papers plaintiff
could not go on with his ease. He now applied for
an adjournment. His Honour asked what defend-
,: k had to ley to that? Mr. Glyn repliedhe would much
Pir the cab went on. The plaintiff had spoken of
Injury which be had received at his hands, and ap-
peared to have a desire that the whole of theci reumstances
should be made public. Plaintiff: "That is what! do
wish." Mr. Glyn: I think for your own sake, and for
the sake of all parties, otherwise, but as it has been
alluded to, I wish to state that the reason why I dis-
missed the plaintiff was because! considered it best for
the young people of my sobool; I did not consider from
what arose in the parish that be was exactly the person
to fill the situation. His Honour inquired if some
compromise could not be arranged between the parties.
but, as plaintiff would not agree to this, the cue was
adjourned to next court day, plaintiff being required
to pay costs of the first hearing. His Honour then gave
judgment in the first ease, referring to the Ant, be said
that the Rev. Carr Glyn had no power to dismiss the
plaintiff as parish clerk, an office which to all intents
and purpose* beheld up to that hour. The defence was
that he had absented himself from his duties, but Mr.
Glyn would not undertake to say positively that
he had not previously intimated it would be the
best for him to stay away. According to the Act of
Parliament no one could suspend or dismiss a parish
clerk except the archdeacon or ordinary of the diocese,
and the plaintiff was therefore justly entitled to his
claim. The other awe was very different, and be there
fore advised the plaintiff to wafer with his solicitor
before he proceeded in the matter.
Northover v. Pounce—Claim £l9.—The defendant
in this can is a bankrupt, and at the lest court was
refused his order of discharge on the ground of
fraudulent transactions. Mr. Moore, who appeared on
his behalf, put in a plea that as the plaintiff in Oboes.
had sued under the bankruptcy she had no power to
bring another action. His Honour Bat the bankrupt's
order of discharge was not granted, and the only pies
that will meet Chi plaint is the order of discharge. He
is liable to arrest the moment be leave' the court, for
he has no protection whatever.—Mr. Tanner, who
appeared for the plaintiff, thenl called Mrs. Northam',
who stated that she had a small farm, in her own right,
which she let to the defendant for four years at the
yearly rental of £2B. She claimed half year's rent (Cl 4
due March, 1867, and also £5 damages for the wrongful
removal of straw. There had been a sort of sale ri the
defendant's effects, but the bulk of the property still
remained in hb ponession, and he was now removing to
Bournemouth. Mr. Tanner asked for immediate
execution, and His Honour gave inclement for the
amount claimed to be paid forthwith.
Atkins s. Lori Hopkina—Claim /2 for rent—The
defenos was that the rent was not due till Michaelmas,
and it appearing that the house was let from October,
1866, till October. 1867, and that no agreement had been
made for the rent to be paid either quarterly or half-
yearly, plaintiff was noo-suited.
EQ17117 newt —Godwin v. Dibben and others.—
Mr. Moore appeared for the plaintiff, and Mr. Tanner
for the executrix, Mrs. Dibben and others, defendants.
—On the application of the Registrar, the time for
taking the accounts and making the necessary report
was enlarged to the 16th of October.