The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1869-07-20 00:00:00

To the Rd.lior.

Sir,— I should be much obliged by your inserting in
The Dorset Costa, Express the enclosed oopy of a
letter I have written to itr. J. F. Hodges, the Mayor of
Dorcheeter.—Youn, he.,
Dorchester, July 14, 111139. J. T. ENSOR.

"Dorehester, July 14, 18119.

"Bir,-1 was surprised to and by the reports in the
newspapers OW at the meeting of the Council called for
the purpose of receiving from 'he Town Clerk a report
en the trial and judgment of the Court of Etchequer
on the toll question, there were only four councillors
out of 16 attended—not a sufficient number to form a
quorum. The report MIL therefore, not read. and
there was no discuadon OD the subject, the ratepayers
being left completely in the dark as to what has been
done, or is to be dose, respecting the toll question. It
most appear to the ratepayers very atrange that when
such important business had to be transacted, so
many members of the Council should be ' conspicuous by
their absence.' . . . .

"I suppose some members considered that their DOD-
attendLnoe would be more conducive to the interests of
the ratepsyers than their presence. If they had attended
(which in duty to the Mayor and in justice to the rate-
payers they were bound to do) they would base hoes able,
In addition to receiving the report, to have considered the
. . . . . .

recommendation of the learned jedges of the Court of
Exchequer—vit.. that of an arrangement between
plaintiff. and defendants which would save further es-
pone,. and I may say an almost endless litigation.
" Notice of • new trial to be held at the Dorchester
assizes on July 21at 'having been delayed being given
until the very last day available, thereby shortening
the time for any arrangement to be made, and being
▪ to act in accordance with the recommendation
of the judges. I should be obliged by your informing
the Council that I shall be happy, accompanied by Mr.
Manfield, to attend any meeting you niay call and con-
fer with them on the subject, and ...sure you that no
effort shall be wanting on my part to come to some
rersonable arrangement.

"By (supplying with this request, I think, Mr.
Mayor, you will give satisfaction to the ratepayers and
to the agrioulttuista who attend the markel• and the
sale. _

"I am, Sir, yours truly,

"J. T. ENSOR."

Dorchester, July 15, 1869.
"Sra,—l have received your letter of the 14th inst.,
and, in reply, will address myself to the important part
of it, in which you state your willingness to some to any
reasooablo arrangement on the question between you and
the Council. I was tot • moocher of the Council when
the action was brought, and consequently I have
endeavoured to make myself aoquainted with the pro-
ceedings to enable me to form an independent judgment
in the matter.

"I find from the minuted of the Council that much
negotiation took place between you itni the Council in
the latter part of the year 1864 with a view to an arrange-
ment of the pending question without • resort to legal
proceedings, and it resulted In what was then considered
a fair and final settlement, by which the Council agreed
to make • deduction of a considerable amount of the
accustomed tolls in tionsideration of your providing
your own accommodation ; and you agreed to render
an account and pay certain rates in recognition of the
rights of the Council. This was ratified at • meeting
of the Council in January, 1865, you being present and
consenting. subsequently, and to my mind unfor-
tunately, you declined to abide by this arrangement.
No part of it was carried out, and ultimately (the
action was brought,
"The Council newer had any wish to interfere with
the progress of Tour sales, but did all in thrir power
to treat you with consideration and liberality, die
charging at the same time what they considered • public
dote.
. . . . .

-7'l think it much to be regretted that this arrange-
ment wu not adhered to; it was "common sense," and
as you observed, the learned judges do not forget it la
their judgement; bat surely the Council are not to
blame for its non-obeervenoe, by whieh, by the payment
of what may be called a trlfting amount, the coats of all
the subsequent litigation might have been avoided.
You have, of wads, • perfect rigid to contest the real
point now at issue, which is, ' Are the Council entitled
to the accustomed tolls or not r and perhau it will be
best loran parties that a legal decision should be obtained.
If, however, you have any proposal to make, I would
sagged your making it through your solicitor or direct
to the Town Clerk, In whose hands the conduct of the
sue has been placed.
"You may be assured that any communication will
receive a fair and just consideration.—' I am, Sir,
years faithfully,
(Signed) JOHN F. HODGES, Mayor.
"Mr. J. T. Bossy.'

Docebeettr, July 16th, 1869.
8111,-1 bag to ackaowledge the reesipt of your letter
of the 15th, and to inform you that, in oompllanee with
your desire that any offer of arrangement should be
made through my Solicitor or the Town Clerk,
Having this afternoou had • cionsnltation with Mr.
Manihad. have agreed to make the Council • very
liberal offer, and have instructed Yr. Barnett to for-
ward •
it to Mr. Symonds.
_ . . . . . . . _

I should be obliged by your layiag It before the
Council so that If possible further litigatiou and
expense to the ratepayers may be avoided.—l am, Sir,
yours truly,
J. I'. ENSOR.
To J. F. Bodices, Esq., Mayor of Dorshester.

Dorchester, July 19th. 1869.
[I was induced to make an offer of arrangement to the
Council by the last two lines of the letter of the 15th,
whieh I received from the Mayor in answer to mine of
the 14th, which ars as follows
. .

" You may be assured that any communication will
resolve a fair sad jest consideration."
The reply to my letter of the 16th. I bars received
from the Town Clerk through Mr. Burnett fa that he
will not submit my offer to the Council. I will leave it
to the burgesses, and to the agrieoltutists who attend
the sale and market, to estimate the value of the "cunt
AND JUST CONBIDZIATION.I
J. T. KEBOB.