The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1867-01-29 00:00:00

Labe an% Crime.

TIN Um BAscaurrot COME-1U Lard Chan-
cellor, has, it is said, given Mr. P. R. Welch, the
registrar of the Leeds Court, who is about from duty cm
amount of bankraptey, two mouths' further lease of
&beeves. Tbe duties of the Alm in the m•enwhile
will orations to be dim-be:v.4 by Yr. J. 8. WWllsar,
the acting registrar.

A Rectum MINZa. —At ffonsliton-le-Spring,
Boniest Kara, • pitman at the Alexandrine Pit, West
itsiinton, was soninionad for having • pipe and matches
is his possession in the workings of the mine. One
Part of tb• mine was extremely dangerous, and wae
worked by tasty lamps, sod the lives of the men were
imperibsd by defendiint's eonduat. As an exempla to
others, the Brash soot him to prison for • month.

AITOUTID MORDEL —A private in the 3rd Human,
famed Oortieliee Haa& ass btousbt before the macla.
testes at Kingston-cm:Thames on Therada? ithsdi with
attempting to murder a ?am woman na.d Aguas
Adams, whom be looked upon es his sweetheart. The
priosuer made a most determilied etWept at elating the
poor erns throat. Jealousy roams to have prompted
the onfortuette man to the brutal est. He was COM.
milted for trial.

0A(301110 FIZALS PIMON11111.—Th• goversawet
inspector's report on his visit to the lianalsoisber City
Gaol stabs Shot there was rather a large somber of
omeishmonts for prison Weser bi the mans of the yeer.
One way of punishing refractory band& prisnasis was
found onlotselleaoloes. The wears la question were
very trolesoma, gad aip they distarbod the prime with
their sersagaing and shouting, were Vela - • wads of
restraint which the inspector naively remarks is nowhere
authorised by law.
AMON •a•zzar nt• Garvaros or • OLOL. As
tb• 1.4 W•••••••• Cosa*, Caul. but.,. Kr, Remit
KAU% tb. ewe of Tompkins,. filablos was heard. Vb.
slalatiL who resides at illinarbeidge, slabessi ES of Ws
t, who is Ow ()ovular of the Worsiolier

County Prison, for alleged ill•trestment whilst thip
former was • prisoner for tho non-payment of poor roes,
in inn.- lest, the ilL.t es meat eimplarnied of being cattle,
Vain ilTs hair, tasking him wear the prison dreg., end
perform various duties. The esse resolved itself ewer*.
of alamayo., awl 14e 110110 Or gee. ju.iitaPnt for pleiniiir
1.. trio •m suet &shoed. with the ordia.ry GaAs.

HOtIICIDI A? DID NTOL. A sol outrage, whia,
termin•ted fatally, ••••• committal in Bristol •t
midnight on Mon I .y. A MO twined Samuel 8 enrol,
while ataiviing•t the door nib'. Irehrind• in hewer (1i...
street, ma. attacked by Henry Ware, who we. armed up,
• gun, and no •everely bootee that he died •Imovt
iniorvbately. Ware wag taken into clate4Y. lii.
said that the man bad repeatedly quarrelled p,m,
time ago, but had EDE .poi. to each other (0,,,,.
Mete. At the it.qu.t, evidence .4 the Shore fact. hav,
been taken, the stormier 4mq-tende4 the law as it N....
~.on the divtinethe crimes of wilful murder and n
alaurhter, and took oeciaion to rerw.rk that in his opicho
the evidence did not bear out the more wring. eharg. ;
bat the Jury, after deliberating souse time, returued •
verdict of radial murder against Ware, who was env.
on the coronet's warrant to take his trial at the
ensuing spring neWor for Bristol.

Lou B. V. TIIIIIMPT CPUllarrin To Psither.—Abeell
ten years agolproceedine were owns:weird in the Court 4/
Q.,
en,. Bench ardoid Lord Ernest Vote Tempest, •ho
WAS then • cornet in the Queen's Own 4th Light Dramme
Guards, by • comet in the mum regiment named Am.
for an assault committed at Bmiitht..mn in A ngtp.t, 19:4.
1,,,rd F rneet, it seem., met Amos in one of the 'tree.
of Brighton, and whilst in conversation with •
he went op to bins, spat in his Nth, and celled hin, a
co•ard and a blsekguard, not the .lightest
tioo having been previously given. When proceedings
were commenced sgainst bin, the youthful lord left thle
country for America, to avoid, it is supposed, the on.
•thuerices of his cowardly ecrodoet, and hew.. eventually
outlawed. On Thursday the defendant surrendered. oat
appeared in the Court of Queen's Bench to receive
judgment. In his affidavit be denied th•r he jag, gioo
country to evade the proceedings commenced against his,
but rather on account of pecuniary difficulties. and being
dmirous of set .blishing himself in America. Mr. Justice
Blackburn, islio passed eyetooth. remarked on thr
ted nature of the asenale and said that a in. to
a parson in his position wadi not he any imolai...L.
'Me Court, to meill lie moss o! the asthma the offence,
ordered him to be imprisoned three calendar month'.
PULLIPG OUT • TOOTH WITHOUT LII•VB.—At Merl-
borough-street pollee court on Wednesday Mr. Eskell,
dentist, No. 13, litchbornectreet, London, was sent.
moiled before Mr. Tyrwhite for aamalting Mrs. Cella
Brown. of No. 25, Cburehterrass, gr.
if. Williams wag for the defendant, Tb. complainess
mid she saw Mr. Eakell's advertisement In th. nem,
! papal, and on the 15th inst. the went to his shop in
Titchbornectreet, accompanied by • finn4e friend, fr,
the purpose of asking him what his terms emelt be to
put in three or four teeth. The defendant mked her to
sit dawn on a their. She mld so, telling him that
nothing must be done until the terms were settled. TLe
defendant said he only wanted to look into her mrorh.
She roe from the chair after the inspection, and was
then induced to seat herself again. The defendant then
without @eying a word, pulled out one of her front
teeth. She did not want that tooth piffled oat ea it wag
a good sound tooth. Mr. U, Williams said it was •
frivolous charge. The defendent, who bed been is
practice 35 years. had done all he could for the advan-
tage of time complainant ; but if the complainant eon.
wired the Lad been injured the had her remedy at
common law. Mr. Tyrwhitt was not inclined to regok”l
tire pulling out a tooth without the owner's leave as a
trifling matter. If the defendant shoes to settle with
I the complainant he might do no, otherwise he should
fine him 20s. The defendant came to an arrangement
with the complainant.
• THI HIGIIT TO LITT M•RICET TOLL& —A moth
important judgment on the subject has been grir n
an the Court of Queen's Bench. It mu in the CAA
of Lawrenoe Hitch, which wee • claim for a costom•
ary doe or toll of • shilling for every earthed of
vegetables brought into Cheltenham market Mr,
Melligh, Mr. Sawyer, and Mr. Harrington were for
he claimant of the toll; Mr. J. J. Powell and Mr.
Mannar:nue were against him, and oontended tbat
the mere amoont of the fee defined, considering the
difference in the value of money in nneillat and
modern times, showed that it oould not be ancient.
hot was in legal language "rank." The Lord Chief
Jostios said this ones, of mane, was governed by
the previous one (a ease, reported in another place,
in which • Buckinghamshire rector used to recovis
• marriage fee of 13e, on the ground of pressor ptivre
right, which was upset on the ground that the fee wan
too great to have been asked or paid in former times),
and would follow its result. Them would be judg-
ment against the claimant of the toll. Mr. Justice
Blackburn said that upon the principle established
in the previous othe, of theme this must be so; for
it was quite impossible to suppose, as a matter of
fact, that a toll of a shilling we. paid for every
dookev load of vegetable* in the reign of Richard I.
—(a laugh). Judgment against the claimant of the
toll; err that carts will be able to enter Cheltenhanm.
market for the forum without paying • shilling, and
we hops the inhabitants of Cheltenham will get
their vegetables cheaper. Tb• isms rule will, of
course, apply to many similar oases, and numberless
customary folk are deprived of any legal right.

'NIS RIGHT TO CLAIN MAINJAOS FALL —Tb• atm of
Bryant r. Foote in the Court of Queen'. Benet% 'Mines
in Banoo before the Lord Chief Justice end Justices
Fileckburn, Hence, and Utah, elicited an important
judgment on thin question. It was en oldies tried
hefore the Lord Chief Justice of Guildhall to
recover damages from the defendant, who le the
rector of Hornton. in Buckinghamshire, for refusing to
marry the plaintiff. The action, in fact, was to try the
Het of the rector to claim a certain fee. After the
vilie was opened the feet. were turned into • special
c.”. for the opinion of the courts with have to their
lordships to draw inferences of fade. To-day their
lordship. gave judgment in the ease. The judges...le
were written o'er, and reviewed bistovioally end legally
the question and law of custom and prescriptive right..
tn Hr. Justice Blackburn differed from the other
keened judge., their lordships delivered their judgment
De "Vim Mr. Justice Beller said the question in this
ones was whether the rector of Hornton could charge a.
certain fee for the celebration of marrimes in that
pariah. It appeared that from 1808 to 1884 tbe fee,
actually paid to the rector had been 13e. 6.1. and 13.,
with an oemoionslly varying additional sum from 24. 61.
to 3.. 61. for the priblmatiou of the burns. It was
urged for the plaintiff that there was no customary fee
or lety payable to the parson or clerk, and that the fee
of 13.. and 138. 64. was an unreasonable •uni, end eon-
lequently void. The question, therefore, for the court
to decide mas whether 13a. to 13.. 61., the sum claimed
could be sought lobs oripsidensl under the oiroamstewoea
_ .

Co bam had slegal origin. Reasoning upon the analogy
of • "soda, being illegal on the round of it. nuttiness,
he was of opieion that the rankness of this claim on the
ground of immemorial creators (compering the vane of
wrong) wee &grimily* of It. dam. This fee appeared to
him to be at the present time disproportionate when they
considered the amount claimed was terser In many oases
than the average amount of weekly wages in agricul-
tural perkhee By the late Marriage Act it was
ogled that the muleteer's fees in ease ef license should
be 10.. and otherwise se. If, therefor*, the seen
gamed was now wandered large, what meek it have
is the tiros of Richard 1., front which tines legal
memory dates? Bielorioally, therefore, the dam could
not he supported, and it would have had the effect of
pool fluting marriage, altogether in agriealtwal
parkhea. Upon that ground be was compelled to say
that the amount claimed did wit and weld not have
exiated. Wm the slam, therefore, supportable an the
decisions of custom? Fie thought not, and that the
court ought not to pregame a legal origin against the
absolute conviction. as Jurors, that it never did. and
never weld ham existed before or from the time of
legal memory. Therefore Jedetneut mast be for the
plaintiff. Mr. Jostles Blackburn mid there we. no
evidence what the fee was before 1936, but tine. the.
it had ranged in some instance.. from 10.. 6d. to 13a. dd.
There were fair inhumes. of feet that 13.. we. the
right fee. Marriage fees were not dee el arsemoa
right, but, by immemorial ~tom, fees might be
claimed. He thought there wee evidence of the onetime
of • reasonable fee bevies bees paid Won and sines
the timed legal eiensore, whist. in Omen" of tits*,
ha been Aged at 13.., and that the claim of that sum
was goad upon the priniple that a cue was es applia
able to a parishioner ea to • parish dime for the whole
of the ishabiteabr. The fainter or not of a slates based
,s, the sheep in the vele, of mosey was naeatiefastory,
wed on that bead wesiderable allowance meg to be'
wade. He thought they ought to tind that th• new
ate immemorial, and that the fee was ancient,
and that the presumption wee in favour o
tie ancient origin. The judgment of the wort
ought, therefore, to be for the defendant. The
Lord Chief Justice said be we. of opinion that this
claim could cot he upheld I. law. It was agar that
iinedi a fee could only be *Lamed by immemorial custom
to • pariah. The erg question they had to meager
was whether the evideses established its payment from
the time of legal memory. From 1808, the fees paid in
a considerable majority of iambuses. were 10.. for the
rector and 3.. for the clerk; in • few insane's, 121.. Id.
for the rector and 3.. for the clerk • and in a nnall
number of instances, • still higher fee had been team.
Taking it, therefore, mit bad been shown, that this
ceetorn had existed awe 1808, ought tbe court to
presume its regrew exhibmee for an indellnite
extending as far beat as legal memory, but with s
important qiuniteatiosi, that it waa Italy appliroble when
the presomptsee of it. immemeleigity could act be re-
butted, or that the onatom weld have not existed at that
date' In this ewe the preseriptice we. inadmissible,
1 and the matom whatever its aeration, bad no =
validity in law. This was • rural parish, be
I, • Wine number of agrieulmeal latemere, and
, 13.. in our day was • very owsiderable mm to thalami.
It was impowsible, therefore, to believe that, looking
io the relative value of money and the diepropertiou
takes at the most moderate rate that gods a person*
misled or bat been submitted to at the tints allßlehard
I. or sines, and if refereeses were made to the amount of
wages by which, by the agate of labourers, the
labouring dames of that period Yam alone entitled, he
thought it knowable to enteellstat the shadow of &doubt
of Ode fee haing altogether out it the gaieties at that
early period. Were they, then, to do videos, to their
a *mimosa as jurymen and as Pape, by holding that
this costae &Ws beck Si the time at legal
memory.
when they meat be wevieeell that seal weillag
the *me? Tb• law of peveumpiles was a bed mad ma-
chievom 1.., mid disedltabi. to a drilled and
enlightened people, to carry it beak for 700 peen, but
so it was, and they mast administer it as they found 4,
and emeequently they Wor• not warraated in getting
rid of its effect by subtle iletionamd artilleial muggier&
ineoesiabmt with the law mails effect. s Uneatistagery,
bewever;as that law was, lise wart must be booed be
it. In the ewe of a stedes the ranknem was deeded by
the amount to he paid, locking to the cemparative
value of money' that the semclaimed was ael mg aa
would "We ben', P.M lk.errongemest That pa
was sumwlahle to Ode . Bain emmiseeill dm=
was act customary payment whish could not wesible
have sal Is the time of Biased 1., and we set in •
an immoral ow, be felt beemd to give
likatlND for Ow *Wit Mr. Jostles Lads, who
had a wrirtra hie ledgment, mid be sesesarred
entirely the lewd Chief ;melee and Julies .
, Jag for lb* p3a1,04.
120
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