The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1868-03-24 00:00:00

WEYMOUTH TOWN . COUNCIL.

• stanang took Owe ost Thurud&y last. Then were
merat—Tbe Mayor J. lizard, . ; Alderson—
Messrs. Ayliag, Killedgo, and Howard; Clouaeillors
Mew.. Drew, Eliot, Hotta, Commits.. Brows, Potb•cory,
1A.., Maio% Webb, Sabana, Back, Thomas, Venue,
and &dim.

'ILI Pal OOLLECIOI.

The knit brirli;ain was. to appoiniTooLlaolor for tlis
Pile Piro tolls.
Mr. kyling asinirel if the °omen whoald aorept
£5OO for tba toils if an offer to that extant ware made.—
Thir Mayor Wormed hiin that tit* °omen would not be
joatifiei in taking an semi that woald pay las thaa vs
I par cont. on tka r, sad van atfilitat t mow
the expeasse.

The Kam reed the epithelial'," el sandidthes for Qui
" nem wore roo—Mr. G. fleilib, Mr. D.
Midairsairt th
Mr. P. Aphne. Kr Nadi offered to halal
th• doldoo at • Wary of Ids. a wee" clarion the Mater,
and El In mummer ; kir Ayling ask 4 El per weak.
Mr. Pethecary proposed Mr. 1). Mead.
if. Mason wooded.
Mr. MillodP proposed the appointment of Mr. Smith.
Mr. Babette soomded.
A ballot was then ineriteted for tho three candidates.
Tke mad/ we. tea for Smith, eisht for u..d, sad tour
for Ulm. A show of hands was then taken for the
tiro hest, width Undeclared for Sorieh, sod .isist for
Mead. Mr. Math was then desisted duly eleeted.—
Mr. Vrowm proposed that the selery the•ld be El par
wsek.-11r. Roberts ',aoudad ;bat it mu Ambled the
should tereara somerliag to the terms of Mr.
TSUEllsimaa's Utter.
ItA3Tr4roasa Aortow.
The wrs Malmo' was to sign on order for Permed
of 0261r0m. the Cresoral Pnod In part payment of

Messrs. Goodyear's ;halm.
Mr. Howard said he was not present at the last meet-
ing. as he was Obliged to be 'Meant on Maims's. He
begged most respectfully to say to the Mayor that he
thought it would be better jibe would appoint a need
dayVor the meeting or the Council, that all business men
might make their arrangements thoordingly, en as to be
present. At • former meeting be (Mr. Howard) bad pro.
posed the resolution as to the rub-market, that it
should be sold. He still thought it would he well to
do so, before they applied any other monies for Pay-
ment of this debt. He hoped the Council would not
think him tedious- but the motion on the paper ap-
peared to him to be moit important, and the discus-
sions which had taken place daring the last few meet-
ings bed, be thought ventilated the subject most
thoroughly. In 1857, or thtreabouta, was the time
when the Markethouse was completed. About that
time two comrade were entered into by the Corpora-
tion, one to build the Market-house and the other to erect
the Pile Pier. Them contracts were, at far as the geornal
wording was soneerned, &aptly the same. That being so,
in these contracts, nothing at di *petard' in the
Market-house contract confining the contractor to that
particular Property. He had no doubt if •Nw words
had been inserted, that the contractor should look to
that property, sod no other, the town would have been
saved Nome considerable outlay. The cooteset had been
completed. and the patty bad sued for some consider-
able amount. The Market-house was completed in
1857, and from that time to the present they bad been
called upon to pay for the work clone. A litigation had
gone on which extended over a number of years, and
they had all beard of the various steps which had been
taken upon it; but be found the Corporation had never
raised the question whether freeholds could be attached.
It the point was eneeseefully fought in the action the
Conseil bad &Med to defend, then they would prove
that it did not hied their freehold property. They then
would come beck to this. By their negligence—he did
not Mean it in the full seem of the word, only in its
legal meaning—by their not raising this point as to the
liability of their freeholds, they would then have to
pay in orate, directly or indirectly, a matter of £2,000.
That being the cage, he wished the Corporation to
understand that if they were siocesdul upon the
legal points which they were raising in reference
to the Pile Pier, the result would be that they,
as a Corporation, having failed to raise that point
In the Market-house litigation, they had been
obliged to pay certain sums of money, because the
only point raised between the Market-house contractor
and the Council had been that of amount, and, as their
loyal adviser had stated, if one of the witnesses had not
Woken down the Council would have been auesessful.
That being so, the question *Ma before them—could
they by any means defer the payment of this money
until after the other question wee settled? As private
individuals and as prudent men, they should use their
utmost efforts No to do. If they mold take any pro-
ceedings whatever to prevent the payment of this money
until after this matter was decided, by all means let
them do so. They might perhaps be met with the ob-
jection that • judgment had been obtained in the one
case and not in the other, and he (Mr. Howard), in
reply, said they ought not to have allowed judgment to
have been given without raising the point. Although
they were not actually selling their freeholds, by grant-
ing long leases they were tying them up, for, by the
proposition now before them, they were about to take
money from their freeholds and apply it towards the
Market-house, which, as • moment& speculation, bad
been a failure. The question was, should they pay this
money? They had property in the Fish-market which
was liable, and they mold sell it and apply it towards
the redaction of the bonds, and he thought it could be
also devoted towards Mr. Goodyear's deism Therefore,
under the circumstanced, he proposed "That the order
for payment of £326 from the General Fund in part pay.
cunt of Meson. Goodyear's claim be not made."
Mr. Brown emended.
Mr. Ayling enquired if the Council would be acting
in • strictly legal manner in handing over the £326
towards the Market-hoses fund?
The Town Clerk : Tee. I believe You would.
Mr. Thomas : What would be the consequences if we
did cot?
The Town Clerk Then your whole property might
be seised. Jrnisment has not been allowed to go by
default. The case was tried at Guildford Assizes and
given against you.
Mr. Howard: Why was not the (location of the
liability raised?
The Town Clerk: It Gould not, an the motion
was for extras above JAM; that was proved to be
unjust.
Mr. Eliot enquired if this mon owing to Mr. Godyear
was analogous to the debt on the Pile Pier?
The Town Clerk: It was a 'pedal arrangement made
with the contractor.
Mr. Howard: What is the differenoe ?
The Town Clerk said when the Market-hones contract
was entered into with Mr. Goodyear there was some-
thing like £lO,OOO In hand, and it was considered there
would be ample to pay the contractor, and perhaps have
1:2,000 or £3,000 to spare, therefore, not contemplating
that an unjust demand of about £3,000 would be made.
there was so provision is the oostrad as to the mune
ftOlteltiPtile7 tr;r-adS titaier"asVpi;Clal contract, and
everybody knew that the late Mr. Dodson agreed to
take two-thirds of the amount in bonds, and the
remainder of the earn was to be paid from money also
to be raised on mortgage of the Pier rates and tolls.
There was • special provition in the Act of Parlia-
ment that all demands should be paid from the Pile
Pier fund.
Mr. Pothersay asked whether, in the event of this
money being paid to Mr. Goodyear, if the freehol&
were not to be attached, and anyone was to 81e a
bill against the Council, they would be individually
liable?
The Town Clerk: No. If they sold the Fish-market
they could not apply a shilling in payment of Mr. Good-
year. It could not be applied except in the reduction
of the bonds on the Market-houses. If they laid out
borrowed mosey for the purpose of carrying out the
buildings (and they bad • power to borrow 11,500). then
they had 'power to apply it in &thaw of Mr. Good-
year's claim or any other.
Mr. Howard: Was each bond tied to both Market-
houses.
The Town Clerk: Yes.
Mr. Howard asked if they received the money from
the sale of the Irish-market, would it be practicable to
issue tenders, asking the bondholders the least amount
they would take for their bond.?
The Town Clerk replied in the negative. The Council
were bound to pay _ this money. They had pledged
themselves; he had written letter after letter asking
for delay and consideration; if they did not pay it, they
had committed themselves over and over again. If
they wished to have their property seised under a Writ
olffevi facies or eiggif, they were in a position to have
itd one.
Milletige said a former resolution had been
referred to,vand he had now the minute book before
him. There was a large meeting on the oecadon, and
be would reed the resolution as it stood. It was that
the &lanes of the money to be received from the lemma
of the houses in York Building' for the extension of the
leases after paying off the late Mr. Welsford's mort-
gage and Wiener, be paid to Mr. Goodyear, is part
liquidation of his claim against the Council, and that
the Town Clerk be instructed to communicate with Mr.
Goodyear's solicitor, to make the best terms he could
for payment of the above. This was carried anent.
measly at a meeting held on the 4th of July, 1867. He
did not, therefore, see how they could repudiate that.
Mr. Potheoary said, assuming that some day the funds
of the Market-house should be in a peoepooss &edition
and the claim was paid voluntarily out of the General
Fund, should there not be a reservation that, in the
event of the Matket-house Fund becoming prosperosta,
It should be repaid?
The Meyer said he intended to suggest some such
0011111 a

—lL:Howard felt that this dilatation would do good,
because it had thoroughly ventilated a subject which
had remained under a aloud for many years, sad that
wee one reason why he put the proposition. They under
stood that the Market-house had been built, the
contract bed been entered into and all the bonds had
beet raised that eiould be Mud. They had the power
to rain E 1,500 more. They were now going to take the
prom& of their fresholds, to take money from the
General Fend, and establish • proudest by paying off
liabilities incurred ups • separate land. He was not
aware that this had busa dale on any prevision modal ;
he did not remember any instance of it. Why did
they do so cow? No doubt new things would start up,
and they could not be prepared for all ciroumstoons.
They had lad various councils' opinina. to this effect
that certain things were ultra eves, end if Mr. Cole.
ridge's opinion was worth anything, that entreat was
whra viru. How had it thee some within their power
to pay? Simply because the original plaintiffs bad been
allowed to obtain judgmat. By their having obtained
this they mid game tam on the Corporation freeholds.
If titi thine had been gifted the same as the
Pile nes action he maiatained that many of the
reeolutious passed in referent* to the Market-houn
would never have been carried. He did not say this to
redact on the Town Clerk beanies matters would con-
tinually goring up, which if they had been thought
over the Town Clerk meld have raised the point which
had been brought into the recent question, and he would
have had two etriap to his bow instead of one.
The Maroc alluded to the remarks of Mr. Howard
respoothig Arias a quad de7 for holding accatiop, ob.
"rring lag what was the wash of the anmeit would be
law t'z' him. Mr. Howard had said that he could not
understand why the Council mild part with the money
out of the patrol fund to pay this panaceas: debt, and
wasted to know a proudest. lie (the MaYor) "old
„sfronoY object to pay mosey from thus source if it could
Maned from • legitimate fund. As the matter
stood, they had a judgment spinet them, and if they
wearied to fulfil Choir engagement with emo. Good-
Into that would be incurring what so many gentlemen
"4 been of late kicking against—extra open The
precedent was whet took plus last July. • Mr. Howard
was present when the proposition was made that the
money should be handed over to the Memo. Goodyear,
so that if the Town Clerk was negligent, Kr. Howard
was squally so. It was impasuble, be thought, to go
hack in the matter, as then we. no other fund to go to.
The artamot might he raked, why had they not tried
to rain money, but it would be mhos to have done so,
Mame the £1,505 borrowed meld not restive interest
until the existing bonds on the Markel-bean paid 5
per sent.
Mr. MUl•dge promad, as aa eateadarat, "That an
ordaa of papooit ot MIS from the aosand baud, ie part
payment of Ilevora. Goodyear's skisa. be slibed, sea
that She unallotted Mar hoses bonds be tabs am
osearity far the am.,
Kr. Threw womb&

UP•• • division, the tollowiag_voied for tb• sem&
menl—Tbe Kum% Aldennee Mlliedg• and dYling ;
CoaDoillors Elliot, Drew peekeeery, Leos, Wawa
Roberta, Monies, Commies.' Venn*, linglidd'
Mews' 'lnward. Bette, Breirri, i4Webb dhl see
vote.

_
BACEWATIR InlitOVSntliTlL
The report of the Backwater Committee a-galipt•
perused, tbe Mayor remarking that as ooe portion s•
had been adopted, the two other patio ought to be
curried out as 0000 as posaible —the extension of land
front the extreme point of the North Quay to the Gas
House, and from lb. Welsford's timber pound to that
of Mr. Bette'.
Mr. Eliot thought it would net be only a good
Weculatioo, but prove profitable na sanitary point of
View if the pieos of land from the Gag Works to Book-
let's,' wag filled in, and he gm strengthened in this
opinion by hearing the probable oost se ha tbsught the
aspens, would far exceed the estimate. Not very loci
ego he heard a gentleman remark how very strange it
was that the Corporation should allow a pima of land
like that in question to remain idle. Be then proposed
the following resolution which was carried "That
separate tenders be invited to build • wall and fill in the
Intermediate land from Mr. Weisford's to Ms. Betts'
timber pound, as well as from the Ges Works to the
bottom of Boot-lane, usiording to ePecifineteuls P“Pubd
by the Town Surveyor."
Telt Pine DUZI AND TIM MUT Ware.
The plan prepared by the Cestom House authorities
for the erection of suitable accommodation in muse the
Jersey boats discharged their paresegers_,ead the
the Pile Pier Va.bungs:dad, but SS it _ ---
outlay would be considerable, it was snouted whether
some arrangement oould not be made with the Channel
Islands' Steam Packet Company whereby their stewards
°°,,nld,Tllent toll, and thus save the Council the expellee
..."
" Fussing up the erections required by the Customs,
WM for the boat& to remain at their old moorinp.
, Mr. Pothecery, as at previous meetings, urged the
Council not to allow this matter to remain in abeyance.
If they had dope their duty in times goes by, enforcing
the Act of Parliament, the Pier would not have beau in
the difficulty it was now in ; on the erootrary, there
would have been £2.000 or £3,000 in hand. If the
matter of polluting the tolls from the Jersey beets
could be arranged by deputation well and good, but if
not let the Au be carried out.
Mr. Roberts suggested that an increase of 6d. abould
ne made on the fare of each passenger awning to or
from the Weeds, as that would bring in • large •
The Mayor adverted to the remarks made by Mr.
Milledge at • previous meeting, that the Council must
take care lest they drove the Corn pad's bo•te else-
where.
Mr. Roberts said be did not think the Levying of a
sispeney toll would do that, but if the boats were com-
pelled to go to the Pier they would not be bore another
six months. They might be aisle to land their passessgers
there, but could not work the boats, as they would he
often &proud.
The Mayor endorsed the suggestion made to en-
deavour to effect • compromise with ths Company,
believing that would be the best course which could be
adopted.
Mr. Reeling was of opinion that if they tried to make
any compromise they would not get anything like the
amount they ought to have for toll. He bowed with
respect to Mr. Roberta when he said that the boats
could not be worked at the Pier, but be (Hr. Berlins)
thought that • landing singe could be built which could
be converted into a baggage room, and the boat& could
always be in deep harbour.
During the discussion, the Collector of Customs had
been sent for, and on his making his appearanoe, in reply
to questions, maid that be did not have a more detailed
plan of the proposed erection than the copy before the
ConociL He though the estimate for carrying out the
design wag about £l,OOO, but whether that ipeluded the
deepening of the harbour he could Doi say. The
Custom House authorities would not allow one farthing
towards the expense of erection, elthough it might be fee
their advantage. No vessel waning from foreign ports
could discharge passengers or cargo in Portland.
roads without piTairrdon. Proper accommodation
must be provided for the Customs' ordure in
connection with vessels coming from foreign parts.
When the boats commenced running from Little-
hunnton they did go before proper acoomodation was
provided, when the Board of Trade interfered and said
they should not run until enfeeble sooomodation was
provided for the Customs' officials.
After some further conversation it was resolved—
"flat adeputetion, consisting of Mums. Eliot, Roberts,
and Pothesary, be appointed to wait upon the directors
of the Jersey boats to ascertain if any amicable arrange-
ment& can be audit for the collection of the Pile Pier
tolls on board, and report to the Council the result of
the same."

RAILWAY

Mr. Thomas again called the attention of the Couneil
to the obstruction caused by the Portland Railway Com-
pany at the level crossing near the station. The ob-
struction complained of is two gates which precludes
freedom of aeons to the road above the station. He
had ooesaion to go into the neighbourhood • short time
again sompany with • gentleman of large experience,
who directed his attention to the oonseatieneee whit*
were likely to arise if the obstruction wee allowed to
sontintie. They would soon not be allowed to open the
gates, and if they did so they would have to pleas •
man there to see that no accidents arms, as they would
be liable for them and incur responsibility.
The Town Clerk said this was expressly provided for
In the award. He understood from Mr. Hyde that this
noising was to be under the control of the Corporation,
and that if any arrangement was made it most be with
their conesot. This mousing was one of the most im-
portant tbinp submitted to Mr. Ityds.
The Mayor remarked that Mr. Molinari bad informed
him that he had instructions to alter the gates.
The following resolution warn pared on this subject:
--" That the Surveyor be instructed to eieleille the
obstruction coned by the Weymouth and Portland
Railway Company at the level near the station, and
report if the Company have in rotenone, thereto carried
out sir. Syria's award, dad report thereon at the next
siest;n„

TIM PIA
On the proposition of Mr. Webb, It was resolved.
" That tender' be invited to fill up the stone work at
the end of the Pile Pier under the superintendence of
the Pier Committee and the Surveyor."

BoAID or Hvarr.

Mr. B. !Nader and Mr. IL Squibb were the only
persons who responded to the tenders issued for water.
tag tbe streets of the borough. The former offered to
do the work far three years at MCA not defining
whether that stun vu per annum or for the three years;
beside( this he offered to do the work for £26 per month.
Mr. Squibb's tender was for £152 per annum, whisb was
aompted.
There mu no other bluinese of importance.

dilation to provkle even aressemy food tor themselves
and their families. Others seals objested to Pertesis
bemuse they never bad paid, ellhoegh the overseers
were satiated that they were able to do W. In every
ONO p.m), the magistrates had so alfersative but to
order payment, bet in some instances the eollecitors
°tiered no evklesee, and ooeseqsently the rates still
remain, but the within will have the pleasure(?) of
paring the costa of summoning them. These Aeries
might have been avoided had • vestry been celled to
frame an "excused list," which should obviously
include all receiving parochial relief and such OA
the vestry would know could not possibly pay.
From the parish of Weymouth there we twenty
summoned, and Mr. Martin, assistant overseer, atthoded
in support of the Maims. One or two ;sus will
suSetently illustrate their gemersl slumber.-3
Dowell •es summoned feria. Defendant rid b-i(s=
not pay, be had berm nimble to work for twenty years.
—Tie Mayor: Have you asked the landlord to pay the
rate ?—Defendant: Yes, and he says he shoal pay any-
thing.—Mr. Martin: The landlord will have the benellt
of the rate.—The Mayor: We have nothing to do with
that; do you wish for an order!—Mr. Martin: I should
wish so have the opinion of the Bench upon le—The
Mayor: We can't give any opinion; if you prove the
cue we must make an order, but if you don't we have
nothing to adjudicate upon.—Mr. Martin I have
instructions to leave the matter in the hands of the
Bench. We have shout 365 of there cues in our
perish.— Mr. Ayliog It is for the Overseers to as
whether they will prove or nee—Mr. Martin: Well.
I'll withdraw it; I should not like it to be said lithe
perish that I oppress the poor. It appeared that defendant
was a man motoring parochial relief.—Widow Louisa
Hearn, occupying a EIO house, wee summon< d.
Her daughter attended, and said her mother
would pay in six weeks, when a quarter's washing
was doe to her from a family. The eollector
wanted the money for the audit in • week,
end, an order for payment in seven idays was made.
—Another widow, named Jana Miller, tied a claim
made against her for 10s. She ocoop;es • £lO house.
With team in ber eyes, the said she had not • penny in
the home or • bit of bread to give her children.—
Ordered to pay ins week.—John lions had no objection
to pay RI due, but unfortunately be bad not the means.
The some order as in the previous cue wee made.—
Thorns. Vile, who has the reputation of having at •
"good old-fashioned election" bought • pair of slippers
for fie and sold them for £3O, wee summoned for Is.
Finding he matt pay, he pleaded for time.—The Mayor
said he had no doubt Mr. Martin would give him time
If he would pay pert in a week.—Defendant, elated:
Thank you, sir, you're a gentleman I—(laughter).
In Ifeloombe Regis parish there were were no less
than 73 summoned, and Mr. Padre, Assistant-Overseer,
proved the claims. Of course, the owe did noi
cisrsit mach novelty from thole in the former perish.
of the defendants, however, were peopleoesupy..
islglO houses, orm wee rated at gl2. aad the se gl6.
The Rama pointed out Met people living intimate of that
tthereeter ought, in fishnets to the other 'stamen, to
pay the rates, and it was intimated to the Overseers'
Nat they should give each occupiers fair notice that
the next rate would be enforced. Some were
"out of work," some 'couldn't pay," one had
been " in bed this four years " many were receiving
parish relief, others had "Lad nothing to do all
winter," • few were so old and Winn that they could
seercely totter to the court; the wires of mariners at lea
stated that they had received no money from their
husbands for • long thee and had "hard families" to
maintain, and widows plaided sore distress —altogether
It was • sad disclaim* of hard struggling. with poverty.
Amongst those summoned in Meloombe Regis was en
owner of property—Widow Watts—against wllOOl then
was a °Woe for ZS 3s. bid. She sent • letter to the
Amistant-Overseer, in widish she said she would pay by
instalments, she was too unwell to appear before the
magirtraten, it had been a long trying winter, two or
three of her cottages had been empty of late, and Gee
or two tenants had gene away without paying the rent,
she had a heavy mortgage on the property, and she felt
that she &booed soon be where the cares and sorrows al
this world would be at an end, as she had been working
Lard for the last fifty years to pay rates for the poor.
and " Oh I who poorer than herself, God only knew r
Nothwithstanding this recital of her sorrows, the
eolleotor proved her liability, and the magistrates made
an order for payment in • week.
The magistrate, avoided expressing any opinion
except as administretors of the law' but .:judicially
Mr. Ayling said he disapproved of the new system, and
hoped and believed it would loon be altered. The new
ratepayers no doubt very heartily endorse that view of
the cue.