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

BI7ROESS LIST REVISION.

The Mayor (Dr. Aldridge) and Assesvors (Mew.. F.
Mills and J. Lock) held a C.urt at the Town Hall, on
Thur.clay laid, for the revision of the burgvls
The proceediep were formal, eicept la the ome of an
objostion mode to Mr. James Frond, on the list for Holy
Unity parish, by John Rogers. A considerable num.
her of persona assembled to hear the cave. Mr. Well-
cord, of Weymouth, appeared for the objcotor, and Mr.
Frond attended on hie own behalf.
Al the outset, Mr. Welsford asked Mr. Frond if be
accepted the notices as served, or wished them proved,
and -Mr. Frond answered be wished them proved, and
that was done by Mr. Thurman.
Mr. FNOUD then said: I lope as this is • case of an-
usual occurrence the gentlemen of the Press will give it
every possible publicity. So far am my own knowledge
extends I am 110AWWW that • precedent ham occurred
since the passing of the Municipal Act. I will, if you
please, make one or two preliminary rematke before
Aiming my case. We all know that every man hiving
• strong political bias—
Mr. WELNPORD : I must raise an objection ;this is
simply a matter of law.
Mr. FIOOD: If you will allow me to proceed—.
The TOWN CLINIC : Let what you Mate be revelant.
Mr. FIOVD: It is Out irrevelant, if you will allow me
to coon. . . .

--
The Tows Ct.tax read the clause in the Act, which
requires the person objected to to prove his qualifica-
tion.

Mr. FitoUD: I am going to prove, as for as I can, the
spirit of the Act of Parliament, and, if you will allow
me to proceed without interruption, I shall be very
glad, I was going to say, we all know that every man
having *strong political bias, is almoot sore to create
for himself political opponents; now, it is unquestion•
sbly true that at the last general election I was
cauvssoed both by Sir Something Wolff and his agent.
but I did not vote for that gentleman; but, whoever
heard of political agents plotting schemes of petty
malignity against
Toe Town curac : That is not evidence; you are
called on to prove your qualification; whether ycu
voted for Wolff or not can make no difference.

. .
Mr. FlOOD: I have an object in view; but, if you
won't allow me
The Tows CLIME : You most not mek to make this
court a vehicle for communicating your objets to the
public.
The )(Avon I do not think we can entertain any-
thing as to ths motives which actuated the objector.
Mr. ritOUD (looking round); I do not see pretest the
gentleman who is the real instigator of this objection,
nor the gentleman who iigned the objection; I wish
both had been here. However, I will proceed, if you
please. It is now generally known bore that for many
months past I have been waiting to occupy one of the
new homes M the old nursery ground, and that while
the home was being finished I took lodgings for • few
weeks in thedifigh-etreet. Now, it so happened that the
Parliamentary and Burger lists were made out just at
thin time, having my name recorded as usual. But lOW •
gentleman, for reasons bent known to himself, availed
hiniseif of this trifling circumstance to put in an ob-
jeciien to my name being on the bargees bid. I wish,
for the reputation of the Council, that he had taken •
more dignified course. However, an objection has been
made on the ground that being • lodger I was not •
Imu.eholiler, and comeimently was disqualified for hold-
ing • +tat in the Council. I contend that however
desirable it may he that the Act should be unmistake-
ably definite in It. protection of the borough against
iinsiroper and irregular registration, that in its utmost
stringency it never contemplated disqualification in
cams such as the one now before you. In ibe spirit of
the law I contend that I am still a householder—
The Town CLICK: I think now you hive come to •
point where you moat give evidence on oath, and then
you may contend that the circumstanee. you prose are
within the spirit of the Act; the Couit cannot proceed
on_atatement.

Mr. F 1101•13 : U you 0,r17910
The Town CLIBIC : It le 00i a question of overruling.
Mr. FIOUD: I won't use any duonurteous terms, but
it seems to um I on, being adorned, and therefore sit
down.

The Town CLERK Are yogi going to give 107
evideneet

was going to 'tete what I believe to be
the spirit of the Act.

Mr. WILS10111:0 : Mr. Proud must prove be bee
occupied a house, paid certain rates, and fulfilled the
oblinations the A* imposes,
The MAT 011: I think it is quite competent for Mr.
Frond to state what he was &boat to do on oath.
TOVII CLUE: I apprehend that the moment
notice of objeetiou is proved, Mg. prong j„ ndied on to
prove the eiteumstanoes he relies on as amounting to •
qualification.
Mr. noun : I have no objection to go on oath, but
what I should do would be to state what I believe to be
the spirit of the Act.

The ToWN CLIME : Yea must fret prove your farts,
and tken you can argue if you like, they aulutkoit. to..
qa,liffmtion within tie spirit of the Act.
It.. FilOOD: That's what I was shoat to do.
The TOWN CLIME i You were raring the earl before
the hone.
--
_

TI AIATOR : Mr. Frond thinks he has • case, and
thervfore wishes to state the reasons why.
Mr. FltOOD; I dent lee why I Mould be interrupted.
The Tows : We meet conduct the wort
according to some rides of law.
Me. PROOD: I we. going no to make my statement;
I will give you my cue, sod I misdoing in my *mu Way;
I may not have done it technically—in the way * pro-
Ifeasioael man would have done, but I should Lave done
it es sulistaatially as he could have done

TOuN : Give your evidence.
Mr. Fawn) was ;ban sworn, and sued: 1 entered upon
the occupation of Ito. 30. High West-atre. in January.
1863, and left it agate latter part of June, 1866, when
went iwo lodgings, where 1 hive born ever s:noe.
The Tows Are you raisd for any house?
Mr. Flour/ m name is on the l'Arliamentary
register, and no cbjection has been pat in to tbat, but it
don't &Usurer pallier' purpose to do so. 1 as rated tor
30. High Wast-atreet, but the house is returned void.
The rate-kook um produced by Mr. George Crocker,
°veinier of Holy Traity, and he pointed out that in the
late rate made Jelly 19th, the 1.1144130, High We.teetreet,
tea, returned vo.d. He oonaider. d it occupied at the
time he wade out No, rate, sod if Mr. Frond b.ul I.td
Idol, his name woull have stood. Mr. Proud : Whether
Lid been an occupier or not? Mr. Crocker: Just

Mr Proud ws• Urn cross-e tandem! by Mr. Wclaford.
A fter some iirelintintry question., Mr. We'Mord itaktui,
Have you been tippled to at all for the payment of any
rates since you left ://, High West-stnrei
Mr. Faticu : I rattier think that Mr. Crocker asked
toe incidviitally one afternoon I...letting the rate., and
I said you had bvtter return the hour. void; I think
thore were the words.
Mr. WHAPOND : lild you not tell him the house was
roil—you were not reronying it?
Mr. Flown: I bill biku he had better return the
house 'Md. . . . .

Mr. WII.IIFORD : I don't want to know what you re-
commended him to de. Did you tel him the bowie wee
void? . . .

Mr. FIWUD : I AM aot going to key anything but what
is, as far a. I know, verhably correct.
Mr. WItLeFiRD: I don't wont you to do anything eke.
Mr. FIWUD: I won't reply to quo ations I have already
enewerred two or three time.; I bad left the bowie, and
I told him he had better return it void.
The Tows omit : The infereoce is very strong that
you did sot consider 'morsel, the occupier.
Mr. FanUD: I bad given op the house, but I am
asked to repeat again end seain, and I won't; lam wAhng
to answer proper questions, but I won't do anything
*Le.

Mr. WILSTOIM: I say mine is • proper question.
The Sittig CLeIIIC: I never heard • judge rule that
anomering a question asecond time is ouneofteary.
Mr. WILSIORD: Rut I have not got • proper as.swer.
When the overseer applied to you for the rates did you
tell him the house was void—that you had given up
occupation bf it?
Mr. FKOUD: I told Mr. Crocker be had better return
the houta roil.

_
Mr. War.sioun : I submit that isnot a proper answer.
The Tows Out : It will gussw.-r your purpoet I
should think.

Mr. Weuirotto : Did you refami to pay the rate?
Mr. norm: I should thiuk I did.
Mr. WILNYORD: I idsould think that is most likely.
Mr. Faun : Of course I did.
Mr. WILSIORD: Audyoll have not niece paid it?
Mr. FIUME,: NO.

_
Mr. WILIWORD: Have you since you left 30, High-
street, inhclated any bong* accept your loifingsl
Mr. Faint, :Of COWS!' you mean occupying. I have
been in e good teeny houses besides my lulgings, but
what do you oall inhabiting 7
Mr. Watcroao : Living and sleeping in a house.
Mr. PROUD : I bays had (slinkily,' in a bows for the
!sat sic months; if you would only bare Loud my
statement you would have fooud that out a house I
took toil.. month. ago.
Mr. WILISFORD : Have you resided tiler

Mr. FILOOD: No.

The Tows CL.,.., asked Mr. "'road d be had any
aritnearea, and toe maid heinnaht 6,oo:wiled Mr. Ortgory
to prove he took the hotter, • year ago, bat hedul not
thakoflt.

The Overseer was called by Mr. Welsford, and put in
the rate.book, hewn'. the Damao! Mr. Proud inserted in
pencil for :10, High W. st-etreet, aid written across the
coluntas the word " and Mr. Crocker said when
the rate was made it was • question whether Mr. Proud
wile the occupier or not, to the name was voitten in
pencil; if he had found that Mr. Pruitt continued to
occupy the house, it would have been written In iuk.
Mr. WELeltlllD : DO you consider that at the time
the rate was granted Mr. Proud was then rated in respect
sf those remotes ?
Mr. Ciocuta : I can only my that at the time the
rate wan granted I was not certain whether Mr. Frond
WAY the occupier or not, as I had not had an opportu-
nity. of atkiesc him. . . .

-Ar. Wit:Armin : Are you to the habit rating
p-reonr unleee you know they are in the occupation of

Mr. CROCKII We should not do so, but never having
sery.d as overseer before, I copied from the old rate.
book, unless advised of soy alteration.
Mr. Wri_svono : Have you any other ease in that
r.d..4a,,.k .4 void tensneies treated in the same way?
Mr. Citocuatt : " Yes, several," and be pointed them

_
Mr. M CIAFORD: Do you consider they Cr. rated?
Mr. CROCKER: I Cannot, Arcata, they have net paid
the tate. If I lubd f.noci Mr. Frond in occupation, I
aheuld have taken the rate.

Mr. WILSI,OIID Did you see Mr. Frond at all about
it

Hr. CROCKER r asked him when I was collecting for
oarment of the rote, and he told me be was out, and I
bad better teturn the home void, or words to that rffect;
in uonseguence of that I baits not since applied to him,
awl the ree is tint paid.
r. WIL:4,,,RD mid he had two ohjoctione to the
name of Mr. Frond hying continued on ti e hat. First.
that he had not continued to be an inbsbitant boase•
hairier w.tlim the borough, and that he bed not
been rated for all the rates made for the relief of the
poor in the patiob of Holy Trinity before the laot do, of
August, 1866.

Mr. FROD: I contend that in the spirit of the law I
ant still a kotwholder, and have never awed to be one
inumuch as for the lard twelvemonths I have talc n a
hollae, and for six mamba peat have had • portion of
my furniture in it, and but for the mere accident of the
boom bcing unfinished. I should have gone direct In m
one occupation to the other. Tat. Mr. Gre ory can prove.
I inamtron, therefore, that the Act in it. utmost strin•
geney would never arntemp:ate the disqualification at •
burgers under such trifling and at the rams time un•
av,idable eircurndantes.

Mr. WILISF,AD reraerked that the words of the Act
required NI qualification that • person be an inhabitant
householder.

The Tows (Una said the simple question ma
whether Mr. Proud was an inhabitant householder*
rate to all rates, and who had paid them before th
laat day of August.
The Court retired for about five minutes to coo side
their decision, sod on resuming
The Mayon said that they had taken the case into
their serious eousideration, apart from any personal
feeling; of course, they moat repudiate all that. In a
matter of this kind they simply had to nee what was
the bearing of the law upon the objection made, and it
had been clear to himself and the aueuors that Mr.
Freud by giving up possession of the house he was pre-
viously rated for in Jane last, and refusing to pay the
ratite, had rendered the objection a valid one, and they
had no other alternative but to decide in that way.
They were very sorry to find that an old inhabitant of
the town was thus dismissed from the list of burg.....;
still, it was his own sett And deed, and they had nothing
to Jo with that: they only expressed their regret at the
circumstance. They were exceedingly sorry Mr. Frond
did not see the bearing of the case; if he had, it was
not at all likely he would have given up poesesson, or,
if be had, he would have pail the rates. But he did
not pay the rated, and told the overseer to return the
house void. Under these circumstances they considered
the requirements of the Act had not been falfilled,and
Mr. Frond's name must therefore be struck a the roll
of burgesses—for the next three years unfortunately.
Mr. From) : I quite anticipated your verdict,end it
Is perfectly fair. I think you have done credit to your
selves, and, so far as the letkr of the law is concerned
justice to me; but, I contend that the spirit of the law
Is allow-fl in numberless cases to override the hitter
and I think this is • case which might fairly have been
so regarded. I only wish Mr. Andrews, who, I belly.,
wu the instigator of this obj•ction, and Mr. John
Roger., had been here. I have rod in pickle for both of
them --(laughter, and • voice: "There let it he"). I
only wish they had both been here.
This concluded the proceedings.