The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1869-01-26 00:00:00

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DORCHESTER TOLLS.

COURT OF Excetxiusß,__ WESTMINSTER,

jamas., 19th, 1809.
MAroi OP DoscHarrag V.MINK AND MkIII7IRLD.
Before Mr. /3erea. CH:t9ez!.L, Mr. !Ism Pwarr,

&ad It,. Baron eausiii.)-

(Prom Oar Lomeioss Reporters
TIM Irma an action brought by the Mayor and Coy.
poration of Dorehester agninst Mr. Ensor and Mr.
atulleld, and tried at the het summer Assizes, before
Mr. Baron Chasm& The point involved in the action
is the esolusive right of the corporation to hold markets
end fairs within the boundaries of the borough, and at
the trial the judge directed a verdict for the plaintiffs
with leave to the defendants to move the Court above
to enter a Doesn't. The rule came on for hearing
to-day.
Coupes' for the plaintiffs, Mr. Melliah, QC., Mr.
Kingdon, Q.C. sod Mr. Lop..; counsel for the defend.
ants, M.!: Osle and Mr. Barr. .

Mi. Enema pet is the documentary and other
*video°s which was relied upon by the Corporation at
* trial. Theta:et document was an inqtaisitioa of the
lltki year of Edward the third, directing the sheriff,
of the manly to hold an inquiry. In °bedtime
to that writ • requisition was taken, and the
sheriffs in their return to the mown Meted that there
were three fairs holden, one on Trinity lloodey, ooe on
the Nativity of 84. Jobs the Baptist, and the other on
St. James's day ; the sherfflsal,oreturnedtbatth.re were
three mar kegs held every week, on Wedoeeday, Friday, and
lieeurday. In the same year the crown granted a
*barter to the burgesses of Dorchester, confirming to
them the right to hold these fairs and markets, and
aulbotising them to levy tolls thereat. The next docu-
ment was a starter of Charles 1., confirming previous
grants and shatters, Including byname a shatter granted
by James I. The learned counsel at this point called
attention to the fact that only three fairs were
mentioned in these charters, whmeas the plaintiffs
claimed the right to hold a fourth fair oil the 14th Feb.
in every year, a fair for hiring servants and selling
cows. The eorporation, however, took no tells for cows
or for servants, and that might amount for the mention
of that particular fair not an in the Corporation
books so often fie the other airs But in the next
document, which was put in at the Wel, the 4th
Willie= IV., 0.16, this &h., held oil the 14th of Feb.,
was specified in common with the other fairs, in these
terms, in the 66th section :—" Where., the several
sheep fairs annually held in the streets and public
passages of the town of Dorchester, on the 14th Feb,
on Trinity Monday, on gth July, 'Won the 6th August,
ho." The act give pewee to take the fairs out of the
streets, and bold them in some convenient field in the
pariah of Fordington, adjoining the borough. There-
fore, urged the learned counsel, although the fair on
the 14th of February wee not mentioned in the
charters, yet it wee mentioned in this act of Parliament,
In pursuance of this act, tic corporation pershased •
gad in the adjoining 'perish, and the fairs had ever
since been held there- Tees in the following year, 1835,
the Municipal Corporatism Act made the municipal
boundaries or-extensive with the parliamentmy
boundaries, whereby the new fair field came within the
municipal boundaries ; and from that time to the
potent the Corporation had held not only furs bat
mocked. in thatfield Then, at the trial, evieleoce was
given by Mr. tiy ...nos, the Town Clerk, by Mr. Galpin the
Mayor, and by Mr. Slade, the latter of whom said that
for 60 yews he could remember a fair being held oh the
of February, so that in addition to the Let of
William IV., they had evidence as to &hie fair, that it
had existed as far beck as living memory went. Thin, with
regent to the defendaate, the learned counselstated that
two pieces of evidebee were put in. There was the evi-
dence of the polio) inspector, who went on the 23rd of
November to Mr. Ensor's geld, in which the alleged
illegal markets were beld, for the purpose of wonting
the sheep. Mr. Mangold. the other defendant, was
there, and, as the polies officer was counting the sleep,
Kr. Mangold said "W, don't want any bobbies here ;
thia is my private field, and if you don't go away
I'll have you turned out." This ems relied upon to fit
Mr. Mengeld as joint defendant. The other piece of
evidenee to the same effect, was • netiee sieved upon
Mr. Hooper, the toll collector, on the 19th of November,
1867, by Mr. Manfield, warning him not to toupees
upon any lead or premises belonging to him, and in the
joint occupation of harnaelf and M. Eimer.
Mr. Maims, after referring briefly to the deeds
upon which the plaintiffs claimed a right to • market,
said there was no doubt that fur • considerable time the
markets were de foeto held only on alternate Satin.-
day!. It was easy to understand that for the
public oonvegienes it was better to bold fortnightly
market. than weekly onee.The evidence went to show
that for some time Mr. Kuser, by agreement with the
Corporatioa, held • public sale in the market place on
the intermediate Saturdays, and for all the sheep which
he sold be paid the mod toll to the CorporMion. That
.as an admission on his part, either that the real mar-
ket wan lb market every Saturday, or else that holding •
market as he did wig an infringement of the rights of
the corporation. It afterwards appeared that • complaint
was made egainst the corporation that they hat no right
to give Mr. Esser tho exclusive right of milling sheep
on those alternate Saturday., and other persons claimed
to be Ahmed to bring in their sheep at tho same Hose,
and to sell them without handing them over to Mr.
Bogor to sell for them. The consequent* was that the
Mayor ordered the market place to be thriwn open on
every Saturday. That was in 1861. Attar that cattle
were brought every Patentsy into the Corporation field.
Mr. Bogor ofterwards became bankrept, and some di..
patentees between him and the corporation. In 1866
he took the field which wu now the 'awe of
action, and held sales there every intermediate
Saturday. It could not be duuSted that such
a proseeding diminished the number of sheep
sold on the regular market days on the Corpora-
tion ground, tin one particular day • witness foetid
719 sheep in Mr. Ensor's field and no mother occasion
there were 500. The Corporation market was open
every Saturday, but in point of fact very few sheep were
sold there on the days when Mr. Eraser held his sales.
There was than clear evidence of • disturbance. With
regard to the fairs It mattered little whether or cot
there was specific evidence, of disturbance if the Corpora-
tion maintained their rights to their &markets and fairs
and proved an infringement of the market right•
only other matter of importance was as to the evidence
fixing the liability of Mr. Mendeld the other defendant.
He had claimed to be in actual possession of the field
in which the sales by auction were held, and had on one
occasion ordered an officer off the ground who had been
rent by the Corporation to count the sheep there, and
there seemed to be little doubt that the two defendants
were carrying on the business for their joint benefit.
Mr. KINGDON followed on the same side
'... . _ •

Mr. COLN (on behalf of the defendants) said there
woe not the slightest particle of evidence of any dieter.
hence of a fall. Mr. biyuroods said, "I have seen saes
going on on market days : I cannot say I have ever
seen sales going on on fair days." No jury in the
world upon such evidence as that would ever find a
disturbance of • particular fair. It wee not seen proved
that on any occasion for year. had • fair fallen on a
Saturday. This at ones diapered of the question as to
disturbance at fairs. The rudest why the corporation
bad included Mr. Ilutield In the charge was .imply
because he we. considered to be • substantial man and
they wished to make him Bahia for the cute of the
oeticia. Mr.,Manfield was simply the lessor of the field.
He let part of it to Mr. Sour and retained the
remainder for himself, but to nuke him liable for • dis-
turbance it was not sufficient to prove that be ordered •
policeman off the land which belonged to himself. With
regard to the markets the questioner.' whether even Ifs
grant had been made the markets existed at the time
the alleged diaturbause took place. Ile submitted that
the right to hold the market had been lost long before
the time of the &garbling% complained of ;to continue
or establish • market there must be either • grant of
eyidenee of immeruorial usage. lint the first true of
any market at all being held for cattle was in an entry
In the Corporation book and the 7th April, 1806, in
which it WM reeolved to hold • market for cattle on
every alternate Ssturday after the 19th of that mooth,
and there was no evidence that from that time to the
date of the alleged disturbance a market had ever been
held on any other Saturdays. Even if originally they lual
held weekly muketa, yet the fart of having given them
up for a long period of time was sufficient to het that
r,ght aside. He produced bills annottocing markets
from 1816 to 1860 and they proved that it was only on
the alternate Saturdays that the market waa held. He
further contended that there was no disturbanae what-
ever. Mr. Baser had been admitted to be • free burgess,
sod it was a curious haat that the charter of Charles I.
prohibited all who were not free burgesses to sell at
any shop or station except on market days. The evident
tolerance to be drawn from this 1•114 that free bemuses
were permitted to sell at their shops or stations at any
other times. Thus, on either ground, Mr. Ream
could not he said to have been guilty of •
disturbance. As sire. burgess, be had • right to
do what he did; and even if not a free burgess
be had never um* on a market day and taken advantage
of their customs. Nooses weld be quoted to show that
an aectioner had no right to carry on his business
because a corporation had • market for the sale of the
partieular goods which he disposed of. do long as the
Corporation received a rent from Mr. &nor they made
no complaint but when he used another field they
endeavoured to prevent him from carrying
on his legitimate basineu. It was • notice-
abi° feat that in the inquisition there was no
mention of tolls. In the charter of Charles 1. there was
a toll ordered to he levied on grain, but there was not
the slightest evidence of tolls being paid on cattle before
the laming of the Municipal Corporations Act. There
had been a charge of eighteen peace per score for pint,
log sheep, but no toll. A grant or • market did not
haaeaaanlY elande all others from milling in their own
houses as on their owe leads commodities which were
also sold in the markets, arid the plaintiff in this eau
had not inch an excludes right. On all these poundal
be wondered that the rule should be absolute.
Mr BM having briefly followed on the same aide,
Mr Baron CIIAANILL said their lordship. would take
time to cumkfier their lodgment.

DORCU ESTER.
THE RECENT PARLIAMENTARY ELECTION. The
expecees connected with the election of Colonel Nap,er
Stott, 11. P., for tbie borough, in Nov. last, amouoted
to C. 572 fle .

Doicuygi Fatima' OWL —At the next meeting.
ea Saturday, the 3Uth inst., Dr. Aldridge will introdnee
the following subject for discussion :—" Agriculture!
Hygieina, or the 'unitary condition of the rural
population."
AOCIDIINT.- 4,Ast Wardly evening, a man named
Isaac%Vette, Beckhanapton, was miming out of the
shop of Messrs. Style, James, and Co., in High Rest-
street, when he fell headforemost into the wise and
spirit vault., through the caller opening is the cause.
way, which was left unguarded. Hs was picked up
Isms/II:4e, and carried to the Dorset County Hospital,
when it was amertained that his lett eyebrow was
I severely Worsted, and he had received some heavy
bruises on other parts of his head and body.
Out Illauwtirs.—The statement of receipts and
expenditure in respect of the highways comprised Is
the Dorehestet district was protested at a special meet-
ing of the Board bet.' Met Saturday, by which it appears
that the total rateable value of the district is £137,113,
the extent of roads 1. 407 miles, the total receipts of
the year being £3,040, and the payments MM. This
district comprises ft' parishes, and the establishmeet
charges are Leas than a halfpenny 10 the pound, whilst
the total expenditure oft the roads (ineleding establish.
meet charges) ii four-oenee halfpenny in the pound on
the rateable value.