The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1858-01-19 00:00:00

WAREHAM.

NUMANCEB REMOVAL Commirrro.—Mr. William
Marsham has been appointed Inspector of Nuisances
in the room of Mr. &les, whose appointment has
been cancelled, pursuant to the decision ota majority
of Justices at Quarter Sessions, communicated to the
chairman of the Nuisance Removal Committee, Mr.
Freeland Filliter, by the chief constable of Dorset.

COUNTY COURT, 15th JANUARY, 1858.

Before Edward Everett, Esq., Judge.

Fifteen plaints were entered for hearing. Most of
them were settled out of court by consent before the
Registrar, or by payment of debt and costs into court.
Hall v. Clapcatt.—This case was tried by the Judge
at the last November court, and • verdict given for de-
fendant. At the last December court an ex parts ap-
plication was made by Mr. Weston on behalf of plain-
tiff for a new trial upon the ground disclosed in an affi-
davit made by one Mier, that wilful perjury had been
committed by one of the defendant's witnesses, named
Newbury through which the defendant had obtained a
verdict. The judge then adjourned his decision upon
this application until to day. Mr. W. Phippard
now read two affidavits, one made by the defendant,
Clapcott, and the other by the witness Newbury en-
tirely contradicting that of Miller in every particular.
His Honour, after hearing the affidavits read on both
sides, observed that gross perjury must have been com-
mitted on one side or the other ; and that the question
was • very serious one which ought to be inquired into,
and under the circumstances it would be more satisfactory
for a new trial to take place and the witnesses to be
thoroughly examined and cross-examined before a jury at
the next court. Order for a new trial made accordingly,
to take place at the court on the 12th of February next,
the Judge desiring Mr. Freeland Filliter, the Registrar,
to send • list of the jurors to be summoned to the at-
tornies on either side so that an opportunity of objecting
if necessary, might be offered.
Baggs v. Marsh. —This was an action of detinue in-
volving • claim above £2O. Summonses had been issued
by plaintiff in the form provided by 19 and 20 Vic. cap.
108, see. 28. An objection was now raised thereto by Mr.
Weston on the part of defendant that it ought to have
issued in the ordinary form. Mr. W. Phippard, on
behalf of plaintiff, contended that the Judge had the
power under the rules of amending the defect. The '
Judge, however, decided that he must allow the objec-
tion ; but suggested that the case might now be tried
by consent. Mr. Weston declining to accede to this,
leave was given to issue a fresh summons in the proper
form for next court.
_ _ -

Smith v. Tapler.—Defendent ordered to be com-
mitted to prison for 14 days for not appearing to judg-
ment summons.

WIMBORNE:

COUNTY COURT.—The usual monthly sitting was held
here on Monday last. There were several cases settled
out of court. Those of any public interest were : Keith
v. Curtis and C,osser, which was a claim for making em-
bankments on Alderholt enclosure, plaintiff alleging that
he was to be paid by measure and value, and defendant
that 10s. per chain was the agreement between them.
Mr. Poem* conducted the plaintiff's case with his usual
ability; Mr. Freeman appeared for defendant. The
matter was adjourned to next court day for the produc-
tion of a valuer, whom the plaintiff alleged had valued
the work with Cosser's acquiescence.
Rook v. Coeser. Master and servant. —Plaintiff
claimed £1 for two weeks' wages as a labourer, and
stated that the defendant had dismissed him without
warning. Complainant did not come to defendant's
service till • fortnight afterwards, and then claimed kl
for wages. After cross-examination by Mr. Freeman, on

behalf of the defendant, judgment passed for him.
Habgood r. Fryer, Win. Idenry.—This was an action
brought for £27, money paid by the plaintiff to defend-
ant, under peculiar circumstances which led him to try
to regain it by the present action. On cross-examination
by Mr. Parr, who conducted the defence, plaintiff ad.
nutted that Mr. Wm. Waterman, of Poole, was ia
partnership with him in the matter.
Mr. Freeman said that a nonsuit must pass fob*
the plaintiff.
His Honor: Who prepared the plaint? Mr. Freeman
I did not; I believe the plaintiff filed it himself. I
trust your Honor will give him the hazard of procuriag
Mr. Waterman's presence here, so that he may give lia.
assent to be made • party to the plaint, by amendment
under the 89th rule.
This being assented to by Mr. Parr, • memenger was
dispatched for Mr. Waterman who arrived, however,
five minutes after the rising of 'the court. The case wiu
therefore again come on at the next court. It creates
much interest, and will be tried by a jury.

PETTY SESSIONS, Friday, Jan. 15.—(Before C. J.
I Parke, Esq., Chairman; Charles Parke, Fieq., James
' Beskett, Esq., D. F. Grant Dalton,. EN., and Rev,
Henry Austen.)
A man named James Miles, a notorious vagrant,
was committed to gaol for breaking the wieclows of
the board room on applying for relief there, He be
a native of Woodlands. On the authorities refusing
I him relief he committed the offence in question, ana.
I when sent to gaol expressed his regret that tee
I period was not two months instead of one.
I Charles Heekford and George Gardner were fined
108. each for being in search of conies, on the lands
of William Bolles Fryer, Esq., and in default of
payment Gardner, who gave an explanation of his
presence there, which was not contradicted by the
Informers, was committed for a month with bard
labour. A man named Duncan who had possession
of the rabbits was not summoned.
Uriah Vine, of Longileet, was also fined 10s. for
trespassing for conies on land of Sir Ivor Guest.
James .Rom, jun., of Sturminster Newton, was
summoned by Poulden, gate keeper at Halley, for
forcing the gate without paying toll or showing
ticket. It appeared that Rose had paid on his way
from Blandford to Poole in the morning but had lost
the ticket and was abusive. Fined .£1 and costs.
Anthony Lodder, carter to Mr. Harvey, of Hens-
wood, was fined 10s. and costs, for riding without
reins on the Cranborne road. The informant was
Supterintendent Baynton. The Bench took occa-
sion to remark that it was their wish that the police
should summon all parties who so offended on the
public road.
Mr. William Martin, of Moorcourt Farm, near
Sturminster, was summoned by Mr. Okeden, of
Turnworth, for not having his name legible on his
wagon. It was proved that the name was written
but the mud had covered it. Case dismissed.—Mr.
Martin's carter was fined, on the information of P.C.
Kerby, 10s. and costs, for riding without reins.
Stephen Hiscock and Job Slick, of Woodland,
two boys, were summoned for setting fire to. favour.
its old yew tree at Horton Common and destroying
it. They were playing, and lit a fire to warm some
water. There being no malicious intention the law
failed to remedy the mischief, and the case WU lg.
missed. . _

Henry Murphy was summoned by Jane Meeriug
as the father of her illegitimate child. The case
Wan one of a very heartless character, under a pro-
mise of marriage. The magisstmtes made a full
order and costs. Mr. F. W. Freeman conducted
complainant's case.
Charles Monk, of Colehill, was fined ss. and cats,
for being drunk at Wimborne.