The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1870-06-07 00:00:00

POOLE.

TRI Bishopot Salisbury. has Ilastutod this Rai . Robed
Faraker, clerk, 8.1., to times's/1y of Poole Saint ililolo.

Dear." or 'ill F;CCIJTSIC CiAlint7rl.l.---iir. Igoe.
Kenner, who for inter years has kept • silversmith's
' stop in Poole, died on Wednesday afternoon. He lived
quite alone, and seemed to have quite a repugnance for
society. Daring dot. pest Isevaff lit his shop has
remained slomid.bmillso one at lall tendered until the
1 ipightseure fittlit their deity to Oil ilOoeBl to the house,
i ch.° he was fount very ill. Mr. White, of tbe Bell
I and Crown Inn, induced limi on Tuesday to remove to
I hie emebliehment, bathe only survived until the follow-
ing clay. He has relations in 'laden-Baden, but their
I address is not knows, and there are no dais:eats as
I yet for his effects.
i A "SELL"— A certain churehwarden in this neigh-
i bourhood, who has lately led an opposition to hia clergy-
man in the matter of some pews, seemed to entertain
, an ides that on Benda, week, the rev. geetlemth woukl
deliver • pulpit harangue on the subjest. He accord.
, bier swami the editor of &contemporary to be prudent
St both services to report, Wenn et verbatim, the
dimoorse. Whether the reverend gentleman considered
the "stores in a tea sup" beneath notice we canto&
presume to oostecters, for not the most remote allusion
was and, to the subject, to the evident chagrin of both
I employed sad employer.
, Outer v. 11111 FOOLS Ain BOUnifinlionTl /14111LeY
' Ooirrairv. In the Courtnir Common Pleas, Weetinineter
1 June 1, (aitgain in Bninvo, before Mr. Jostles Willies,
i Mr. Justin Smith, and Mr. Justice Bnitt.)—Mr. Mellish,
1 QC., and Mr. Bridp (who Argued the ease) were for
I tie pleietiff ; and Mr. Milwmd and Mr. Petheram tee
' the defendants. —This case came before the court in the
form of • demurrer to • plea. The point decided is of
great importemis both to Lindemann and railway
I °amnesic& —The plaintiff in his deal-ration prayed for
i • IROISII4IIIIIII to the definite's, to tank their warrant
i to the sheriff to summon a jury to areal the value of
I land for the parchese of which he bad gestated With the
i company. Ms alleged that ihe company bad gives hba
I Botta, that they required his land, that no agreement
. had been entered into tor -the. psis% but that he had
given the company motile that hi desired the ansoeut
' of oompancatato to be maemed by *Jury, aid that the
company should Issas their warrant to the sheriff to
, summon a jury for that purpose, but they bed not done
so inheres pea the plototif was estitied to las
otonciatomotod also to damages. All three proceedings
were mime nada' Wm Lead (Uwe Act, 1816, which
was insorpounted in the eempeay's local Ast. The
defendants, by their plea, relied as the provnicias of the
Land Clauses Act, and sepesielly on the Nth esoldon,
and pleaded is effect that isaanneh as the whole of the
capital of their sompany had not been subsenbed, they
were sot liable is We action. To this pies the
plaintiff demurred, and eenteedea that the clause
requiring the envie& to he wholly subscribed applied
Itsisee.
only to own al compulsory —Mr. Justice
Wilke, in delivering the j sat of the Court,
mid that the landowner and t railway companies
might be in oat of throe ceaditioas. They might *arse
both on the sells, the pries, and the compensation for
land i seceadly, the landowner might be willing to sell,
but not at the price offered by the sempany • thirdly,
be might be unwilling to ell at all, in which cue the
compeoy might impel him, under onion statutory
provisions nod asoditions, to pert with his land. The
knowledge whether the "spit& wee subscribed would be
with the company, and they might sense great incon-
venience to the landowner; they might purposely
abstain from having one share robecriked for, and there-
fore the Court ought to be eareial in pantile con.
'traction on the 16th section, which might won groat
injustice unless it was the right construction. Without
going into the ones which had been ailed. the learned ,
/edge was of opinion that the peovidon in this section
"squiring that the whole capital rhould be subscribed
was for the protection of *be landowner, and that it
applied in mon may where the ccenpasty secede cd the ,
'trio power of taking his land whether be would 'sell or
no. In mush seems she sondition on which they 'encased
sash powers was that their capital should be all sub-
embed, and this was for the peotection of those rem•
palled to part with their lead. Ia the present ate, the
identiff was witliad to sell, and the notice given by the
secipany was net gives in easrose of their eompu.leory
powers. There mast be judgment for the pleietiff.—
Mr. Justice Smith : I antirely eonever. The douse re-
lied Ws in the defeadant's ples apples oaly to the eons-
pulsory taking of land, and is tor the protection of the
lacdowner. The mode, given is neutral, and the
plaintiff being willing to ball otnnot be said to be com-
Polled to sell.—Mr. Janke Brett concurred. —Judd-
meat for the plaintiff on tbs demurrer.