The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1860-01-24 00:00:00

norittibirt.

KIFTER DISTRICT COURT OF BANK-
RUPTCY.

wiannumay, Jan. ll. Re lorerls Redwood,
germinator. This was the day axed or his Honour
to decide whether or not a partnership existed be-
the bankrupt and Mr. Bennett. —His Honour
mid the question of partnership might, pexhape, more
monody have been determined in the Court of Chan.
Weris; but as both parties had consented to submit to
kie jurisdiction, and as he thought it deeirable that
the inexpensive coarse should be taken, he
troeld give his opinion, which was, that at the time
of the bankruptcy there was a partnership existing
between Mr. Redwood and Mt. Bennett. It was
clear that both bad over and over again recognised
the agreement which they had made as creating a
puthership between them. An agreement was sub.
sequently endeavoured to be Dome to to dissolve the
Folnerthip ; notice was given by Redwood to dis-
solve, but thnett declined; Redwood sent out bills
in the name of Redwood and Co., and Redwood and
Bennett, but it was not traced whether he sent those
bills to all the creditors, although he did to a very
considerable extent, so as to give publicity to his
position with respect to Bennett; and in short, the
whole conduct of both parties bad Peceeded upon
the footing of the existence of a partnership. It WU
&reed by Mr. Clarke that the agreement was bad in
pert, and therefore bad and void entirely. To that
aigument be had given much attention, but he had
caw to the 000cluaion that it ought not to prevail.
His Honour cited came in support of his opinion
headed on the inference that the t was not
minus public policy, and observedartarda a portion
dm, agreement in question were void it would not
affect the material part. He came then to the con-
clusion that Mr. Bennett was a partner; that he was
hewe to pay—as he must pay—the partnership's
debts; that be was entitled to the partnership pro-
perty for the payment of those debts; but that he
should enter into an undertaking to the Court to ap-
propriate the money in the payment of the debts, to
wuei tho partnership affairs, and to account to the
emigres, and hand over to them any surplus that
mi t remain.
Mr. Clarke here directed his Honour's attention
the . fact that in February, 18.57, Mr. Redwood
gave notice to Mr. Bennett that on the 31st of the
next month the partnership would be dissolved,
His Honour said that the point raised by Mr.
Clarke demanded consideration, although he did not
apprehend that it would change his opinion as to the
ezistenee of the partnership. He therefore further
adjourned the are until Friday.

?MAT, J. 13.—His Honour said he had oon-
sidered the point mined by Ur. Clarke, and he had
roam to the conelneion that it did not make any dd.
fermis in his decision. He did not think that this
partnership could hays been dissolved by giving the
Dotios in gumption, or that it was considered as each,
as Redwood sulmeguently sent out bills announcing
the partnership. Should any further proceedings in
another Court be taken, this point, as well as all
others, would still be open, but his present order
would stand in the same way as that which he an
pounced on Wednesday, to the effect that a part-
nership did sing at the time of the bankruptcy;
that the partnership property should be paid over to
Bennett on his guaranteeing to pay all the partner-
ship debts, end that any surplus should be refunded •
to the hiligOiell
SOON oonvereation ensued between the learned I
Commissioner, the legal gentlemen (Mr. Clarke, who
appeared for the assignee*, and Mr. Terrell, who
appeared for Mr. Bennett) and the official assignee
(Mr. Hirtael) relative to the accounts in the part-
nership and separate estate. The latter gentleman
stated that there were more partnership debta to be
got in, and be had found on making up the accounts
that morning that the bankrupt (Redwood) had ac-
quired the sum of .Cl 4 after his bankruptcy, which
be had placed to the bankrupt's separate estate.
His Honour said the greatest care should be taken
is all the matters, as it was, perhapl, one of the
most eitraordinary cases ever presented to the Court
of Bankruptcy.

It was then stated by Mr. Clarke that his Honour
laving decided that a partnership existed, the
estates must be divided; and from the balance
which had been made that morning be found that
the bankrupt's separate estate only amounted to
£lO3 odd, which was insufficient to support •
petition in this Court. He therefore submitted that
his Honour had no power to make the order.
His Honour said this opened an entirely new point
in the case. If the petition had to be dismissed he
had clearly no power to make this order. If he di.-
waled the petition be certainly could not order that
the money should be handed over to Bennett, as it
would be the property of Redwood and Bennett,
there being no bankruptcy. The learned Commis-
sioner quoted from the case of ex parte Sellers,
a here it was held that a petition must he dismissed
in such • case as the one now raised. He could have
wished that this point had been raised before.
Mr. Clarke said the balance had only been struck
that morning.
His Honour mid it was a very important matter,
and although he regretted to have to further ad-
journ this case, he was afraid he must do so. Ad.
journed until the 26th inst.
COUNTY PKTTT Stsatoxs, Monday, Jan. 16th.—
Magistrates present; J. Gundry, j. T. Sullen, It.
Bourebier, Emirs., and the 1t... W. Pardoe.
Williams Pomp was charged by Jacob Corniek, one
of the Earl of Sandwich's keepers, with poaching.
Alfred Woodbury, of Hook, deposed to seeing Porsey
set • wire in • field, in the manor of Hook, on the 22nd
Dee. last. It was in the hedge of a field in the occupa-
tion of Mr. Rawlins, Hook Farm. Did not speak to
him then bet let the wire 'bide.—Cross-examined by
Mr. F. W. Guidry: Don't remember the day of the
week, but it was between four and five in tbe afternoon.
Was in another field on the other side of the hedge,
and he was steeping down to set it. The hedge between
was nearly as high as his (witness's) head. Did not see
bun before that, and have always told the same story
about this matter. It was not dark; knew it was a
wire because I saw it. Had seen defendant since, who
asked him to have some eider. The reason I -lid not
speak to him at the time was because my brother-in-
law, Jacob Coruiek, had told me not to do so. whenever
I saw anyone in that way, but go and tell him of it.
Went the next morning at six o'clock, and watched till
eight, with some one else, but defendant did not come
agga. After Mr. Gusdry had *Admired the Bench oa
behalf pith. defendant, a magistrate obaerved that if
the defendant was not the man as sworn to he could
easily prow. an ank. This not being attempted, the
(Ulnas& asked defendant if he had ever been convicted
befort—Defeadast : Not oa such a ease as this.—The
Renate: Bat you ham for various other offences, Mialing
wood, &i. Fined 10a., and 13e. costs, or two menthe
hard labour.

Simms Gale was fined 2s. 6d., and lls. sesta, for
furious driving in the town of Beaminster.—CAarles
Clarke, charged by P.C. Hine with driving without
reins at Powerstock, sae lined ; costa remitted on
amount of defendant being a mere child, sent • short
distance by his master in the ebeenoe of the carter; the
road being very muddy, the child got up into the wagon.
The Bench advised the county police in future to sum•
non the master instead of the servant in such cases.—
Valiant Mower, of Childbay. was fined Be., and Ils.
costs, foe leaving a wagon laden with caul in the high-
way at, Hit•whialie.

1ND1P72.? ASSAULT.-4/61NY Bees and Thomas How-
NU were issnissoned for mistaking Mary Hoskins, of
Bradpole, ea the eight of the 2nd inst. It appeared in
evident* that the prom:marls and another female named
Cosidale were returning from chapel between nine and
ten in the evening, when they were met by the de-
fendants and three others not at present known, who
were out " bird-batting," and in a secluded part of the
Toed between Pymore and Bridport they threw a net
over them, and proceeded to take indecent liberties.
Goodale escaped, after a chase by three of the party,
and the defendants in the meanwhile committed a groom
and brutal assault upon the person of Hoskins. Eves
his abeeoaded Moose tbe service of summons, which was
duly proved. Hommel' called one of the acoosoplicies as
• +inlets, named Stembridge, who, after being duly
cautioned by the Bench, negatived the defendant's testi-
mon7. and confirmed that of the policeman, relative to
statement made by the prosecutris. The Bench con-
sidered the assault was most unprovoked, aggravated,
and beastly, and were determined that females who
could not protect themselves should be protected by
them in acsordar.ce with the law. Eves committed for
6 calendar momtSts' herd labour, and Houruiell for three
months' hard labour. A summons is to be issued against
Steiubridp, and • warrant against Eves, the former to
be tried at the nest petty sessions at Beeminater.
Several OW* of bastardy were gone into, and the
usual orders given, and minor assaults, drunkenness',
he., were duly proved, and the parties fined 6s. each
and expenses.

DEAD PHEASANT GAlllT—Georpe White WU
chargetil.bo/ George Wort, gamekeeper to Colonel Brett&
irith Lc. Mr. Jolliffe for defence. The trial
Is, some tune.but resulted at last in a point of law
whether a person picking up a "stiff and eold" pbea•
sant "without a bead" was a poacher, especially when
the gamekeeper came up and asked him what he bad
pt, and was answered ' a pheasant," and gave it up
at onm. Mr. Jolliffe ably argued the point, and the
Bench dismissed the OWL

IitIDPORT. —On Sunday week the body of a sea-
man was picked up between the Black Rock and
Ems's Mouth, about • mile and • half from the har-
bour. From oertain articka of dress, tie, there
was no doubt but the remains were those of the un-
fortunate Captain Hodder, who was drowned at the
Pier-bead nearly • month ago. The remains have
!Knott been conveyed to Lyme by the owners for
interment.

Our artillery corps are undergoing • series of driU
011 alternate days, at the Townhall, preparatory to
being eorolled. 'This speaks well for the spirit of
the volunteers. The rifle volunteers have their usual
drills, sod on Taseday practised with ball at the '
target
Moamors POST.—O. Thursday evening week
the &Web Scheel-rearn was densely crowded (not.
withstanding the unpropitious state of the weather)
to be, • looters by New Jessie Cadre, in advocacy
a the temperance asomanesit. This lady has been
successfully lecturing on the above 'abject in Wales,
!min which she has lately returned. Mr. Ensor,
jun., presided, sad after a few appropriate remarks,
be introdused the fair lecturer, who for upwards of
too hours enteriained her audience with a meet
eloquset and telling address, at the close of which
vets of Saks was mialiniondp worded her.

Her first visit to this plans was so successful that
she was prevailed upon to deliver a second oration
on daturday week, when she proved herself to possess
—in an eminent degree—such a faxiilty of enlisting
the sympathy, aud rivetting the attention of her
audience, that a third oration was announced to be
given on the following Wednesday evening.
fiasinsoiets.—The Railway.—The first arrival of
railway passengers into dherismne occurred on Mon-
day last, when a party of about thirty, of both sexes,
arrived from Temple Combo and Milhonie, two
trucks having been temporarily fitted for their ac-
commodation. Amongst the company were the
ltev. ti Dodington and Mr. Hailward ; Mr. Bar-
the contractor, accompanied the party. We
hear the tunnel at Temple Combo is nearly finished,
and that there is nothing to prevent the completion
of the hne in April, preparatory to its opening in
May.

A meeting of the shareholders of the Gas Com-
pany was held on Tuesday, to take into considera-
tion the present state of the account for lighting the
church. Owing to the " great revival " that has
taken place in relig—we mean in formalities, threat-
ening a service for every day in the year, and no end
of choral services on evenings, the gas bill is now a
most formidable item in the churchwardens' expen-
diture. It now amounts to about £3l, and although
the worthy Squire, with his usual liberality, is
about tu present £2O towards the lighting and
warming expenses, still the churchwardens have
not sufficient confidence to guarantee the re-
mainder. The Vicar, when applied to conjointly
with the churchwardens, observes that his duties close
on Sunday afternoons, and the evening service is at
the request of the parishioners (!) He, therefore,
declines to be responsible for the gas bilL The
Gas Directors thought it a must unbusiness-like
proceeding to go on supplying goods to persons who
refused to be responsible for the payment, and they
very properly brought the question before the share-
holders. Mr. Penny, as 'Vicar's Warden, having
declined to be held responsible, it was unanimously
agreed that satisfactory guarantees should be
obtained for payment of the gas supplied to all the
places of worship in the town, and, failing such
guarantees, on the Ist of March the supply should
cease.

A Rom WITtl ROE DES& —The Blackmoor Vale
Harriers met on Tuesday, January 17th, at Stoke
Wood (by the kind permission of H. K. &viler,
Esq., Ml'.,) to draw fur roe deer, where full 260, '
horse and foot, were assembled to see a roe deer
roused! At half past 12 o'clock four roe deer were
found in the alder bed under Stoke Wood, which
the pack ran in cover fur half-an-hour most melo-
diously, when an elastic old buck went down the
Vale to Craft Wood and on over Welland Hill to
lhberton Down, trying hard to reach the verge of
Houghton Wood; but being headed at that point he
went away direct for Welland Long Wood, and
down the Vale to Haaelbury, where the pack ran
into him on open view, at the end of a severe run of
one hour and 20 minutes. The hounds were then
walked on to Bahner's Combo Wood, where a beau-
tiful find of a very old buck took place; but as he
forted his way through horse and foot, and made
for the Abbey Milton Woods, the hounds were
cleverly stopped, and taken on to the cover of Fox
Alders, from whence, at half-past three pin., a 'plea.
did old roe buck with "all his rights" upon him,
emerged in a moment with 16 couple of symme-
trical bitches at his haunches, climbing the Roll=
entrenehmimt on Stoke Hill, and going down the
Vale at a tremendous pace to Wollaud, and on to
the Alpine covers of Welland leers, the pack racing
him fur miles over the open downs of Welland,
Ibberton, and Belchalwell to Tnrnworth Wood, and
through that cover without a check or turn to Turn.
worth Bushes, and away to Boudsley, and through
I that wild and picturesque region to 12come Wood,
and on through the open rides of that cover for
Norton Wood, being a part of the Bryanaton
domain, and down the defiles of that mountain dis-
trict fur Durweston, and on within a few fields of
the river Stour, where it was deemed prudent to
stop the gallant peck, as it was evident that this
elastic deer had crossed that river for the cover of
Hod Hill—the stars then peering out to light him
on his way! Thus ended a run of one hour and
forty minutes, with only a elemental), cheek at
Bundaley, over a good eleven miles of ground, and
through six parisfies into a seventh; only eleven
horsemen being up when the retreat was sounded at
a quarter-past live p.m.