The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1866-10-16 00:00:00

WEYMOUTH COUNTY COURT.

His Honour, F. Keeeett, Esq., held his court here on
limed ay last. There were 105 new plaint. on the list,
4 alj sired summoners, 5 re-issues, and 5 judgmesat
a Ditalensea.
1'..E.1,31 AND DAMAO, AT PORTLAND.-Mark Gould
end teen r. John St.. ..-Tate parties live at Portland.-
ree Weeton eepeared for the plaintiffs and Mr. Howard
the defen.lante. -The sun ~,,,, na was adjourn. d from
lest court, and the action em brought to recover the
tem of 11, a* onmpenattion for damage alleges! to ham
n dune by defeatitnea sheep to • plot of potatoes
belensing to the plalntiffs.-Mark Dotal s•id that he
awl his me rented three yards of land, which they
vented with potatoes. Ile called a quarter of an acre •
y int. The potatoes were in blessom and looking well
on the sth Angulo, but on the morning of the 6141,
,1,.n he went to look at them be paw that • tpiensity
1..! been in tee ground and eaten off the
alto. Ile tracked the footmarks of the oh. ep into
Sr. estme's barten. Ile went to the house and saw
Mts. stone and told her he was atlas to We what Mr.
emese intended to do 'theta compensating for the
a ,esege done by the sheep. 81.• said that Mr. Stone
nitended to c ate over shout it, but that be was rather
Ide anil wented to go to Dorchester f dr. Bbe added
they their boy, seeing the sheep on the potato sensed,
Lel driven them home. He afterwards saw Mr. Btone,
who at first said he would not give one farthing corn.
remation, het afterwards offered tie, to snake it up.
This he (plaintiff) indigeantly refused to accept, and
hr ght the ease le fere last county murt. His Honour,
I .werer, adjourned it. a. the potatoes not having been
slug up, it eat impossible to estensite the damage. Last
Monday end Tu ?slay he and his son dug op their pets.
tea. Th. y la. ed a piece of land, 52 feet by 40
feet, where tie sheep had not been, and it yielded •
meek and about three quarters of a peek of potatoes.
A similar extent of land, where the 'sheep had trampled
down the ground and bitten off the haulm. yieliled only
belie fuck and half a peek of potatose and Recording to
this calculation he coalered that be and his son had
lest eye racks of potatoes through the injury dose by
the sheep. flees potatoes WOO I sell at 9.. per sea,
to that the actual damage done amounted to El is.-
In croanceamination plaintiff mid the sheep went
over about two thirds of the land. He employed two
men to value the damage, and they valved it at el
ehe stoso st.o broneht over two men to value for
tan and they mid the damage was not more than se.
Tney bad rented the land only one year. The person
elan' they rent.] it off plsoted the land with pots.
ties last yew. He put in no manure Dit would hove
hut • tolerable crop had the sheep not day.aged it.
The sheep sent over the whole of hie eon's part and
elsent one third of his part. In his half of three
pis et. rs of an Isere he grew three looks and a bushel
of petal-mt.- Henry Gould, the other plaintiff, combos
eft. .1 his fathey's statene nt. He said they gave £5 a
%ea for the land, and he grew 2i sacks of potetoes.
~ red of hie plot, the potatoes ware ripe Ite fore
the sheep got in, and there sodomye was committed.
Its Tuesday lust be went to Mr. littone and told him
th. yr were digging Op their restos* and asked him to
• atel look at them. it,. Stone came end brouglit
Mr. Pewee with him. The potatoes were :hen lying on
the ground, and Mr. Pearce said that it appeared to lim
thet the potatom w, re better where the sheep had been
then where then had note-Joseph Bennett Pearce, a
Monroe ,aid that be was one of plsintiff's
valuers. Ile saw the potatoes plat after the sheep had
been over their% snd he also assisted to measure the
yews,' ert.l the potatoes when they were dug up. The
peed... were smell-there not being above two maim of
emel sited ones Hit considered that el was • mei fair
aniseed for the damage done by the she p. They were
smaller where the sheep had been than where they had !
not. When potato haulm was once bitten off it would
never venue again. -Mr. Howard here, on the part of the
I. mime °Meet, Cl for the damage done by the sheep
if the cam were withdrawn, each party to ray their own
c ete -Mr. Weston said he would take the el on the
eitelPion that defendant paid the whole of the costa-•
eliet for el would Garry wets-Mr. Howard, after
consulting with his client, would not agree to this, and
t' e ism was proceededwith.-Defendant wait then
e e said that he was a farmer at Portland, farm-
-50 therm ef land, and had 130 sheep. He remem-
ber, d the plaintiff coml.' to blue, on his return from
Decimeter fair, and asking for compensation for his
▪ op getting into hie potatoes. fle told defendant he
alit not think they had done any damage, but if he
would salt • few minutes be would go with him and
leok at the petite**. He sabseqeently went with him
and his nom There were besides the last witness Joseph
Danett Pearce and !mac Redd. He did not himself
e aside, that the sheep bad done se. worth of damage.
They heal eaten 4,5 some of the "silky vine" but bed
ref bitten tee haulm off one potato out of ire. lie
▪ ".d a two farmers, John and Ambrem Pearce, and
t• y noised the damage at not more than ss. He effered
t. ewe 5 e. but plaintiffs would not accept it. They
were very abusive, and mid they would put him into
I. county mart, and be heard no more of the matter
t I tbs outman, was served on him. The greats it
mi eeuld see the sheep had done was the tread•
it e down "the earthing-op" of the potato... He had
al ateng been willing to pay 15e, which he considered
.• the utsiet extent of the damage done. On Tuesday
a "ming last one of the plaintiffs came to him, and said
y eere digging up the potato.., md wish el hiss to
g a. I 'ook at them. He went, aged 11e John rearm with
The p mem a were dug upend lying on the emend.
Ile resa.l me no differenee whatever between those where
ale .1. led Den stud where tie y hail not been. All
the pd stem mre exceedingly small--he ahould ay there
ie. ot tare seeks of tolerably good ones. The fact
s,. the lend WA. emseediegly poor, and that was the
stele /mein why there was to bad a strap. About half
li. las,l me vesture, but be bed run for his sheep over
tee weine It was not usual for sheep to eat potato
Leann-John Pearce said he was" • little farmer" at
P viand, farm ng boat 16 acres. Mr. Ambrose Pests.
inet Ite emit to look at the pint of potatoes after the
sheet. had run over it. They had eaten the "withy
vine". hat lad bitten very little of the notate haulm.
tie thouxht that 51. sat quite ample eempensetlon for
the damage. Last Tuesday he sweet with 11r. Stone and
03., the potatoes lying on the 'Tonne. The two plain-
-1.5. were there, and he told them that of the two the
Isitatoes were beat where the sheep had run over them.
lest there was really mareelv any difference between
ll'emt. Ti. pleiStiffe were 'both exceedingly abusive.
T hey called Mr. Smite a roguemnd told witness that
I' he mutant likewise • vogue he had got a false set of
Jo..- They sated to lithe mid witness was exceedingly
geel to get out of the field. The run of potatoes was
.ry assall, owing has the poornesss of the land, and the
edge of small potatoes was usually half the prim of
fair used onea.-Ambram Pearce was then called and he
o .rrehorated the evidence of the former witness as to
wk it he sonsldere I the amount of damage done. His
Honour gave j i'lamest for el and costa.
A DIRPOTID BIRR &max -Valiance Burden.-.
This roe wee adjourned from the lost court, to enable
the plaintiff to amend the dates in the bill that hod
limn delivered. The amount reed for was £2 Ile. 2id.
for heer and porter. The plaintiff k sp. the Metre
aright's' Arms. and the defendant is • painter, and the
.1.4. t was incurred by defendant treating the parties
employed in the pipemaker'a shop close by, and others.
'Defendant disputed many of the items les being exweatee,
mil said it was absurd to supposethat he could
h iv. ordered an mush at one time, but plaintiff produced
tno witnesses to prove that defendent had treated them
and others on several oesmions. His Honour, in look-
ing over the bill, obeerred one item of 3., had been
inserted in the bill talc., and atrook that out, giving
johtment for tee remainder, to be paid in two instal-
ments. Delenibint raid he had an account against
plaintiff for painting and lettering a wire blind, and
this was how it was he had beer of the plaintiff. When
ono worked for pehheans they always expected half or
three parts to les taken out in drink. Hi. Honour said
defendant sheuld have pleaded a set-off, but as be had
not ilmse at, it email not now be allowed. He most in
Ilis turn mermen plaintiff for the money if the latter
would not pay it without.

14)10;711101 A Fl•Rilotlit Loup. —The Mayor and Corpo-
ration r..Tohn Adams. —The defendant. who is captain
mod own., of the Are, of Brisham. pat into Wey•
•moeth Harbour, and on leaving employed the services
d Timothy Bromide*, for la. Bd.' to help him out to
.he mouth of the harbour. He, himaelf, wan" half Peas
over," and went ashore for "another pint." The
flowening of the rope to the moorings was consequently
I. ft to a boy on heard the vessel ; and he failing to make
it aoMeiently feat to hold, the rope slipped and th-
vowel amens round, striking a lanip.which it broke" all
to unithereens." When the defendant cone on board.
Nonwhite told him what had occurred, to which he
replied that he did not care for a lamp post nor a
&wen lamp poets—he was captain and owner of the
word and wanted to be off. —Captain Pearce, the har-
bour ma-ter. who now the affair, Raid the aocident
w add not have occurred had the captain been on board
awl molter at the time.— Mr. Church, the lessee of the
au Works, said he had replaced the old lamP Pod
hr a new one, and the coat wan C 2 15s.—His Honour
gave judgment for the corporation for the antoctat
and costs.

BEIDADDLI NG. —Aylesbury e. Charlet Faggard.—This
wee a claim for kl 5 for three quarters rent. The
defendant lived in • oafs(' belonging to plaintiff, and
getVng behind in his rent, defendtet's wife went to
p'sintiff when three.quartert of a year was owing for,
tubed for Pellaini.o to sell the goods by auction with-
•int • distress being put in, and promising to hand the
proceeds of th- safe over to plaintiff. Plaintiff allowed
the sole to inks place as requeeted, but when defendant
obtained the cash, instead of herding it over to his land-
-1 inf, he stara.d with it out of town.—Judrutent for
plaintiff, to be paid forthwith.
NIGLIC•11210 TO CUMIN A BARGAIN AND ITN COMlC-
recen—fterseleld tr. Kellaway.—An nation for £6 I.
—The plaintiff. &dealer, •1 Weymouth, had purehased a
gumlike v! hay of defendant, who is • farmer et
ir.venikot. It May last defendant borrowed of plaintiff
E 4, and on the 26th of that month sold the remainder
of hi. risk of ha• about two or three tons, to plaintiff,
st E 4 tor ton. The hay wee to be sent in • weekend
ri.i.tie...m.Ad it. as it was first-rate hay, at kb 10e. per
Wan at W.Talooth. As the hay was not sink however,
aceordingto agreement plaintiff, on the 18th July, went
to F"t`that thou% it, and defendant then proniised to
send it, without fail, within a week. The week poets& bat no hey arrivof. and about a fortnight or three
weeks afterwards plaintiff went s 'n to 8.. .robot and
elefend•nt again promised the hay within • week hitt it
had not yet amp'. Tli• notion was therefore entered
for £4 money lent, and £2 10a. for eze•nsee, loss of
limo. and lone of profit on the sale of the Lay. Ills
Donner said that if defendant was oregoni he onoid, no
doubt, have somethins to my on these charge., hot he
hell allowed judgment to IM by default through his
mho,. —Payment in 14 day..
LONG CRIDIT.—Movki v. Myatt.--
.. An action to re-
.yd.
the
price
ad a ban, of pork. Defendant was not
present, but had gelled on plaintiff tinee the summon.l
had been iaaued, and asked for another monde. credit,
when he would pay him. Plaintiff toll hint he hag
already credited him 5 years and d 11 opinths. --Juil4tnetit
for laynteat forthwith.

Wart:TED AcCollar.—Georp Co. v. 'teary Christ°.
ph r.—A claim for 194.. being bnlnoce of .or"ont.
I) fendant, • jobber. Gehl the plaintiff two pg.. one for
Rt.. and the other for 445., and plaintiff repairssl aud
p .oted for riefee4ant • .A. 1013 for which be charged
47. , leaving • Winos of 19.., which dr/fondant re-
-14.-1 t. pay, as he said plaint.ff agreed to rvpsir and
p.i..t the waggon for £3, which won!l leave a balasserr
in is favour. To this *iotaff replied that ft,r or.
loin things tlefen4ant said required to be none, ho
sgreol to take C 3, but whys he wane In wash the
ese‘on. he re thee* were other Wogs whioh
',paired &iris whisk 110 knew nothing of Wore, sag