The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1869-03-09 00:00:00

Till LYME TOLL CLOT.

Mar ey and Other. v. the Mayor nod Corporation of
Lyme &vie. —The mime legal gentleusen appeared an in
the first can.

Mr. Minedon. in opening the pleadings. aid this was
sn ant ion of replevin. ii, which the plaintiffs oomplained
th.t the Corporation of Lyme Reg'e had seised • boat
anti three t in. of oone belonging to them, which the
(mutants justified on the ground that they were
etntitleil to ricover some dues which the plaintiffs
refused to ray. Plaintiffs replevied the boat, and on
title the ease cime before the jory to decide.
The harbour of Lyme Rosie is pioMeted by a pier
• milled the Cobb, curving from the west round to the
south, end also by • detached piece at the north-eastern
side. The part Galled the Cobb has two arms, one more
to the eouth.weeiward than the other, and • triamfoUr
piece of water is enclosed on two sides by those two
pier.. The pert between them two arms is called Cobb'.
corner, and the point disputed was whether this aerie
really formed put of the "Harbour or Cobb." The
Cobb at first, it wag contended by the plaintiff. eon.
elated only of the inner pier, and that a part called the
Victoria Pier bad been built out at the end of this tenor
pier, and also that Gm outer arm had been built by the
Government to protect the innerjort, but that the part
protected by these wo not pert the Cobb.
The main question, mid Mr. Kingdon, was one of law
for hie lordahip, and a mild be disposed of in the same
way no the first notion wee en Seturday, by twine turned
int a special cam. There was, however, also a question
of feet, and his lordship hail been good enough to say
he would tike the evidence on this point, and they
would appreciate hie Lordship's kindoise in raving the
parties an expense of k.'3(t). which wool I bare been
interred if the whole of the evidence had been taken
before the arbitration. He road estraoto from the Sot
of Parliament under which the Cobb was constructed,
amtbarisieg the plaintiffs t levy a toll of 6i. per ton
for seen@ landed at the harbour. Defendants, however,
&method come stone at • point called Cobb's corner,
and the contention was whether this point was witlrn
dile Cobb or Harbour, and also whither cargoes landed
insets were liable or not to toll. According to the
Corporation" ides, they were also entitled to levy Is.
• per ton, first. 64. for that landed at Cobb's Corner, and
an additional 64. no the stove being brought into the
harbour; but the eat of Parliament authorised the
Corporation to levy toll on all goods broaeht within the
harbour. which meant that if goods were brought from •
foreign poll they wonld be liable to toll. and also if gonds
+roe shi Oiled within the harbour. The plaintiffs oonten ded
that the Corner wsa not a part of the harbooz, and the
defendants that it wm. _

M. Francis Dyniind. civil engineer, of Exeter,
depoeorl to the oorreetnees of the maps prodused,
and the different conitruelion of the various
parts of the pier. H. eon•idared Cobb corner
not • place where ships oonld lie. It was • shingly
brash. _ .

William Potter had been in the Lyme Regis stone
trade many years. The depitta at Cobb's oorner were
marked out by poets. and stones bad boon deposited
there ever since ha °mild remember. The stones are
taken from the corner to the vessels in boats, when the
vessel' lie inside the harbour. After the stone is
shipped into the vessel., the tonnage is paid; but be
sever knew any paid for stone it the de; 6t. It was
,not sale for a vessel to be brought up at Cobb corner,
because there was a @weft there, ant only three ships
during his experience bad done so, when lb. wind was
friirn the Northward. Mr. Hutchinson's limestones,
which were deposited there, would prevent any vessel
from coming up and unloading at the wall there. There
are no guard piles on the outaide to protect the will,
there are only mooring posts for the boats. If vowels
come in ballast, it limit to be pitehed over at Cobb's
',ironer. This happened when he was harbour master.
All the sweeping's of the Cobb were also thrown there,
and he saw it wheeled there last week.

James Fowler, 65 yearr old, a native of Lyme, had
been employed about he Cobb all hid life, and removed
ballast for the ship. there. This was always tipped into
Cribb coroner, by the orders of the harbour master.
Lately the rubbish of the Cobb had been also swept
'Vivre. This had been done within the last month, by
the order of the present harboorrnserer. He marked out
the places fur the depots of stone. They were four
depots more than 20 years deo, and stone had been
deposited there ever sinoe.—Crore-examined : This was
all done under the orders 0 the harbeur.inaster Bad
teil,ed yeeeels there whenever the wind

en. .rnre:47-bed
eine stone from lbe
.n 22nd July be took

• reap. When it..., thrown
. ..tector of dues, name and asked him
floe the duel. Witness replied " Ones for what!"
B•nuett answered "For taking the stones from the
beach." Witness replied bed been stone esrrying
for many yearn, and was never uked for dues before,
and on saying be had no money, Mr. Bennett took the
• boat into the Cobb.
Mr. Cole, Q.C., said that for years and years, from
ISM, the platntiffs had been in the habit of paying duet
for the stens taken from the quarries and also from
the &gots. The Corporation claimed the whole of the
Cobh OT Harbour, end allowed this Cobb's eorn•r uft
depot. for convenieue. He contended that this part
was in fact a portion of the harbour.
Mr. Henry Osborne has oecupied one of the depot.
23 years. Be ehtained permission from the Corpora-
tion to a.* it. About a) years ago they had loaded
many mall vessels there. and other owners had done
the sante. The depots were sheltered by the outer wall.
—Cresperiamined His own tolls had
raised.
William Bennett, collector of dues, ruollected an
elceasien when a vessel lay alongside the Victoria Pier,
-on the iepeils. Be Dever heard any question raised
about the tills.
• • • - -

- ---
Robert Hodder, harbourmaster of Lyme, bed been
10 emit years, and had knowo the plaoe 40 years.
Had seen • vessel loading goods on Vietoria Pier on the
deptit side, and one or two Ivid landed off the der et.
Os yge Williams, about 73 sears old, remembered
the Cobb more than 50 years, and that smash lay on
Lb. southward, and loaded outside the Victoria Pier.
William tliumom, 68 yen's old, had known stone
loaded from, the heaps to the vessels.
• ••

••
The question agreed to be leftto the jury was whether
the place where the stone lay was within the juriedie-
tion of the corporation as part of the Cobb or Harbour,
nod Mr. Cole addressed the jury for the Corporation.
urging that it had been shown that they exercised
jurisdiction over the plate sine. 1792.—Mr. Kingdon,
for the pleintiffs, laid stress on the recital in
the Ad of Parliament, which stated that
the harbour wu frequented by large reveille.
whereas the evidence showed that only mall vessels
could load at Cobb's Corner, and that only in fine
wuther. From this he argued that the "Corner" woe
not pert of the harbo.,r. There being • fine for throw.
ing rubbish into the harbour, and Cobb's Corner being
used for throwing rubbish. he also urged, showed that
It was not part of the harbour. Alluding to au inscrip-
tion Oh the Cobb, stating that the outer pier was erected
by the Government to protect the Cobb, to the length
of 773 ft weetwari, he contended that it showed the
'Corporation only bad jurisdiction over the part protected
by the inner pier, and that this inner pier only con•
stituted the herbour. and in it only the Corporation
were empowered to levy dues.
His Lordship summed op the use and left the ques-
tion to the jury, who enquired whether they were to
decide whether C.ibb's Corner was part of the harbour
or part of the Cobb or Harbour. The question was
settled to he left to them in the latter form, and
The Jury derided that Cobb's Corner wag • part of
Abe Cobb or Harbour, beings wordlist for the Corpora-
tion. The plaintirs applied for permission to move
the Court above to set a aide the Talbot on. point of
.aw, which was granted.

WtTIOUTII GA 6 ZIPLOSION.

The ease of Hasa v. the Weymouth Gaa Coaataatre
Company crooopied the rest of the dm% and at the close
plaimare moss was not ermelsded. We shall give a full
sepal next seek.

THIRD COURT IiorDAY.

(Before Mr. Pazoirox, QM.)
AO 88888 AT Wl3OlOlllll.

Maria Moak, 47, t4lor. sad Will. 6111 Davis, on bail,
were charged with stealing a pair of trousers and a
wsiatact, belonging to Nears. Chiemao, at Wisaborne
alanitar, Tau. 9.
Both were found guilty.
In oonniderstiou of Davia's good character, he was
eirateneed to Co weeks' lisr4 labour Moak was also
reetenaed to eh weeks' bard labour.
Erma WOLIN 0001:111 AT LTIII 110111.
&awe Auarin, 40. labourer, and Mary Atus Jitford.,
24 wore iadinted tor mewling a °counterman" and other
Eftßlatotatolt to Edward °rattail, February 18, at
amis. The jury returned s verdlet of "Not
osgd they wits diseharged.

ALLLOILD BUIGLART A? OraArrox.
joeidA Alias, on bail, indioted for breaking into an
outhouse at Strittou. and stonlios various implontoota,
billnaging
oo John Poz, Ina found not rutty, and
di•Ohntrd•

MO 33333 WINTISBOIng ericitanD,
Jogn gook, on bog, was found guilty on one indi
went, of stealing various articles appertaining to atatr:gs,
of a shoemaker, belonging ao John Wesley likrnott ,s%
Wintarkoroe Stickland. Ho wad matenewl to
months' bard labour.
ASSAULT AT 10IDI1GTON.
(Maria Lock, 37, and Biilo* Sing, 50, laboorm.
wore ohargod with amanlifinii Jamas &Wait. a bounbadior
of the IL H. L., at Wed Fordinifion. Thom was no
evidosns• against Slag, aod tim oom won withdrawn.
Look woe Ismail guilty, and tostosood to oil woolo'
bud labour.
no trial of prisoners osonallsioi died* Won 6,11. m.