The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1879-05-27 00:00:00

diminished in value. the latest stun amounting to LIVE
irhoiraa Wei r•lt-oted. and the Duals. authorities now
o tto compel the trustee to admit the wool.
r. Cris 'Lamm, solle,tor troth., Dachl. enPeered um
their behalf. and M. E. Barnett. of Parameter. for Lb.

Mr. Morcott stated the particulars of the chink, and
explained the 10111, by the u,lapidatioes and breach'. of
coveaant had bent estimated by Mr. Norris Doper, • well-
kaolin' valuer, who was too ill to attend the Cowl that
day, and whose affidavits they therefore put in. The third
item the claim foe ti,175, was foe half-a-year's rent from
Lody-day to Michaelmas let (which nall'Faa‘.. rent
could n.it be obtained by the Ducey from theme. tananU.
and for depreciation, riving to the farm, which was let to
Mr. Chlicott at over i'.1,000, only fetching now £lOO • year,
the total gam being calculated upon the residue of the
term, theism. having about three-end-a-half 70•11 to run.
The dodge conidaered himself bound to give a decision
In favour of the Duchy, as • .irnilar case had been folly
argued bolero the judge., and • mmt careful and elaborate
Sediment given thereon, and he reed the report from
those of Chancery Amami Qua, the decision being that
the plaintiff was 'mama to recover as against the bank-
rupffs estate, the loss which plaintiff would sustain through
the other party becoming insolvent for the landlord beim
deprived of the value of his coutrack be le ti prove to the
extmit of that injury.
Mr. Burnett pointed out that the landlord had gained
possession of this property, and Mat should be taken into
oatlidsnition.
_ _

Kr. Mama- t said the utmost efforts had been used to
let the farm; but the best offer they could get was £BOO
year.
Hitrint, land stswar I. detmeadllat the sum
be paid Yeerlv by Mr. X S. Calleott fee Dowerhehl
Tann wee £l,OOB 7.. 81., and that the said 11 S. Otiih.ott
had disclaimed the Mese. Tee sums of £8510.. nod L 494.
making &BO fairly repreeouted the sum due to the
Duchy from the lessee, and that sines the dieelsimer he
had used bis best •adeavours to re-let the said farm, but
hie efforts to do so without lose bad been unsuccessful,
all the wlicants requiring • large resluci,u of the rent
The highest rental offered had been ZINO, but the
applicant clogged his offer with such cmldttlons that his
had to let the farm eta rental lower IT LSO a year,
the sum of 1:800 a year being now the maximum rent
obtainable from an elagibte tenant He also deposed thst
£1,875 would, to the hest of his judgment, only very
Inadequately represent lb. sum lost to the estate for rent.
' Mr. E. Burnett claimed • oet-Af of £l/.1 lls, out of the
t3BO 10s. The Snit item of £B5 lOs. ddaddatimis was far
tis exam, sad the LW 10s. 5!. allowed eras not • fair
valise for the tillages, Pc. Mr. Giles Byin 'rids, se good
valuer u lit. Norris Roper. mid he considered LE/ fa 6d.
to be • fair amount. end £337 Ds • fair conipensatioa for
the tillages. With respect to the Is is amount of £1.275,
he had no doubt the Dochy would has to set It: but he
(Mx Barnett) referred to the aim of the Westbourne
Una' Drapery Company, limited, in which the Vice.
Chancellor ruled the landlord codLl not prove =lees the
rent wee dem
Mr. Morcott said in the present case the less' was an
absolute one, until Lady-day, 1881 As too the dilapida
Ilona they might have mate • Mem for dilapuldtians to
buildings and houses, and be submitted the pees dit claim
wee very much below what they men have made.
Mr. Burnett coatinued the Duchy wok wetted.% of the
farm twit Lady-day, and bow could they charge up to
Iltsbaitlinee next!

Muroji-iir.as. willing to admit • clerical error.
Mr. Burnett returned clerical errors °mot not to be
made to prejudice me rent of the creditors to the estate.
ha to the Duchy, what injury had they eus wiled if they
bad received the rent lip to the time when th took
possession of the farm I—Mr. Harlot said he could not
iirt it for so much aa was agreed upon In the lease. Mr.
Burnett continued: But it it was true, as re,. 'mid,
that the Duchy are (Mai to reduce their rents 1:20 per
cent., that would bring down the Ll.OOO a year to £.4 50
that the Duchy would get. rent equal I. the agreeo rent
when the if:23 per cent. reduction was allowed for ;
therefore be contended they had suffered no loss at ell
Mr. Morcott replied they had let itat 3:Booayear, had had
to lay out a certain sum in repair., and tooacCu the rent
from Lady-dey to Micluelmas, the loss thus being nearly
The Judge mid the trustee must admit the proof: it
would be outrageous in law to decide otherwise. The
Duchy, through the insolvency a the lessee, were obliged
to re-let the farm at a time of depression, and at the
depreciated value. He wait very glad lb. decision was
not Isla but that of the great authority he bad qiioted.
Mr. Mucci* mid they did not ask so much for thi
capital, ea for the actual loss.
The Judge: You have, In fact, foregone pa-t of your

-Mr. Burnett again aaked—what poeslble brae could there
be, it the Duchy bad retained poesanion of the Lam I
Mr. Muroott answered—they were obliged to let it at •
lower rata on account of the falling state of the value of
land. He alas stated that they only claire lat the rate
of CIO& whereas in point of fact, the loss was at the rat,
of .1;4148.

-11 r. Burnett contorting the amount claimed fox dilapida-
tidna linyond the vane if the tillage..
Mr. Itrf,t, and stewerd of the Duchy, woo caned, And
said be 11,1 examined the farm candidly with reference
to the ,doe if the Million and hut mole on estimat
ham gone over the farm with Mr. Ndrria It per. wh
veurion be checked. Had been there been or right
time% nod rams to the um* concluiou as Mr. R per,
C*ll for dil.ipidati no sad breaches or cuvenant. and the
t:1 .kes wire vathe.l at Zl29its. GI. Mr It •inv an one ..a
the hour- t torso roe the neighbourhood —('dr. More. t:
remarked Lie woo surprised at the claim iur dls,i Is.
ti.. 011 bring dunked, u the Duchy WO 11•011 g oat
MOD on the Initinic.) -- Kr. Heriet continued the
buildius were in • neg'eeted state, and he ovicoated the
dilapidaions there at £l6O, fox wbkh the leaue wuull
be liehle.

Croametamined by Mr. Burnett: I saw every fl Ad. I
got no laforinatien from Mr. Ohilcott, but I bane my
aalawit on Mr. Norris Ripen estimate. which I checked.
I went Over the farm aevtn or eight times.
Mr. Barnett called
Mr. U lus Symonds ow...homer and 'old Celia-. who
wild he knew 1)3w,11-1,1 I /M. lam In tn.: occupai ion of
Mr. CJlien't, end went ov• r there last week. Doi not
(Link Mr. N. R •pur t 41.. a poeltlon to gr the ti I iuee
that had been d'en,.. mud tt, cost of the cultivation of the
veriol,4 pieces of lona. Ii Mr. Riper and himself had met
together, witoms slid not think M. ILnivr wouhi
have disputed any of his (Mr. Symonds'.) e-Venotos,
for they generally agreed, and now his mtimess woo
not higher for. oh than Mr. Roper'. • hut hit hot more
tillages. WI Loses veined Mr. Chilcoa In. and knew the
tiller.' wore a•ty high, and be knew what K.. Chil
woe vol I 10. ‘.ll climes out, and volu,d ti, in at
LW 9 . A to the gates and pieta, he thought Mr. It ipso:
hod poi salon hunk he hat given credit fur beivr than
were 0. re, on the hauling aide they were .....cod. the.
p -I err., pipetir off•,•.p, not or h ohmt li. 61.
C ......egamised by Mr. Morcott : On Vic or her sid they
go o good, but on the hauling side there was her Ily a
P.'S worth more than he had said. 8 Ilse oueotly
ft...moods said Mr. Ctulcott unfortunately had no allowance
when he went in, but took tne plans at once.
Mr. Bormett offered to etemitt the osmium as to the
valuations to Kr. D Symonds.

-----
The Ju.lge thought upon the evi.leac b • WM blund to
the ciaim of the Duchy wm not too much ; in iact they
had dealt- an he should have et•pected they would—very
liberally. They might have asked tor more than they did.
Be admitted the claim, which In hie opinion they bad
=dealt, In fact they bad dealt very liberally.
Kr. Burnett remarked the Duchy are coming out very
liberally indeed..

--ii.—Murco----t-t—salted forth. costs.
Mr. Burnett tried ai resist the claim for meta hut
The Judge answered the costs would follow the event,
they roust cumo outs,' the eti!ite.._

In a-iii-s-Wer to-bia Honour, M. murcott of atod the lump
Iwn they would oar waled with was CUM iIL 7d.
The Judge : Wba; dividend are ow iitely to get/
Mr. Muroott aoswered—Ahout • shilling in the C.
Thum cloud the groat case of Um day.