The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1881-07-19 00:00:00

NISI PRIUS COURT.
MONDAY.
(Bofors Lord Jostios Lush).
Lcsocosp AND 'MAIL

Groves v. Drax. Mr. Collins, Q.C., and Mr.
Banta, instructed by Mr. Weston. of Dorchester, for
the plaintiff, and Mr. Owls.. Q.C., Ur. Potheram,
izo., sod Mr. Cary Batten, instructed by M-. 8.
Watts, of Yeovil, for the defendant.—Tbe plaintiff is
Kr. George Grov6l, and the debudast J. 8. W. S.
Kris Drax. Fag., and the action brought was to recover
the sin runt at which a valuation of • farm at Mil.
borne, near Blandford, was fixed, and it also raised •
question as to whether the tenancy was a Lady Day
one or • Michaelmas one.
Mr. Collins having stated the fad;
Mr. George Groves wan examined by Mr. Dollen.
and said: [am the plaintiff in this motion. In 1847 I
heard that Mr. Keanaway was Leaving his farm, and
I oavr Hr. Dm: previous to arranging with Mr.
Keonaway to take it.
[The agreement between the plaintiff and Mr.
Kenn mar was put in, and his Lordehipremarkedthat
it was an exchange of fermi.]
Wanes.: conti.uiug : At toe interview I had with
Mr. Drax he sett I was ti go on exactly in the way
that Kennaway had. After the &proem lot was made
a valuation was taken between Kennaway and myself.
£958 8.71 being paid. Mr. 811eMle was the defendant's
stewart. On the 1.6 anditdey I carried my rent book,
and the stewart wrote—Ootaber 6t.h, to half a you'.
rent due this day £lB6 10s. that was the first half.
year'. rent I paid, and I continued to pay it.
Kennavray gave me what us cilled a lease, and I
kept It until I went down to the defendant about so us
[Mr. Collins now called for its pr klaction, and the
plaintiff identified it as the one given him by Mr.
Kennaway.]
Witness continuing: I never bad any other agree-
ment. In April, 1880, I found that I should be
ruined if I oontioued in the farm, and I went
and saw the delendant about it. I told him that
I had came to ask him to let me leave his
farm on account of the bed timed'. He said "you
have not given proper notioe," you ought to have
given notice before Lady Day because your tenancy
is a Michaelmas entry. I told no, and if he would
find out the lease. I would cousin°, him. He said
it would take him two hoar. to find out that, and I
said I didn't care about that; I would wait as long as
he liked. (Laughter). Cudey said I had better keep
on another year and my friend, Mr. Drax, said " He
says ha will be rained if be remain...no:her year."
I said whoever takes the farm will hare 20 &am of
turnip land, and Coley told me to go on from that
time managing the farm, as if I wore glinj t con-
tinue After that a valuation was made. I appointed
Mr. Giles Symunde as My valuer, and Mr. 'Palmer,
of Mattock, warn ap goi iiel on behalf of Kr. Drax.
After Lady Day, 1880, I continued to pay rates,
taxes, an I tithes amounting to £4B 5.. BcL I applied
for the amount of toe valuation, but could never get
it I went to pay Mr. McKenzie, the steward,
£3lO Is. 31. rent to Lady Oar, but he would not take
it as he said it should have been paid before. On my
return home I found Thorn, an sleaziest, with a
distress warrant for the rent up to Michaelmas. I
paid the bailiff £3lO. Until the action was brought
I did not receive any part of the valuation made
(C 515 Mr. Keynes enomeded me in the farm.
Cross-examined by Mr. Charlie: What was the
mind time yon paid your Lady Day rent?
Plaintiff: You look through that book and you will
see for yourself. (Laughter.)
Mr. Charles: Bopp aging you had given your full six
mouths' notice at Michaelmas, '79, who would have
sown the crops? You would not have sown it in
November I

Yes I should, as I had to harvest it.
Mr. Charlie : Did you ask Mr. Dna to lot you go
out in Michaelmas?

plaintiff: No, I nem said word boat Micheal.

Mr. (Mule.: After yon came to thiserrag.m.t
with Mr. Dar, di i y.,u give up the pasture in
July?
Plaintiff: Not until after the valuation.
Mr. Giles Symonds said he wee an auctioneer and
fanner. He was appointed valuer by Mr. Groves to
meet Mr. Palmer. He saw Mr. Dear, and told him
he had oome t him on the question of bir. Groves.
entry. He said there was no agreement, and winsome
replied that Mr. Groves had informed him that he had
the lease.

Mr. Charles said he was not going to dispute the
&violent and the terms.
Witness )ntinning said he and Mr. Palmer &insect
that the rates and taxes paid by Mr. Grove. after
Lady Day should be allowed him, rates fo`lewinfr re
as a rule. When be med. the valuation he con.l +ere i
the plaintiff's a Lady pay entry, and booed his valua-
tion on that supposition. He gave the defendant to
understand at the time he made the valuation that the
plaintiff's wee a Lady Day tenancy. Defendant
appesrrd astonished, and witness did not think he had
read the lease through.
At the sngteation of his lordship, the counsel at this
stage retired, and eventually agreed upon terms, which
Lb. learned Judie sad were ye y fair.

•CTION F )1
Junes Seaward Poem* v. Bing and other..—Thi,
1.1141 an action fur librl bra t.ht by the plaintiff. a coal
merchant, living At S Pathampten. again,' the
defendants, the publisher ad directors of the Manta
drideertiser. The plaintiff is sheriff of Southampton,
and • cap•ain in the 14C Hanta ArtiDerv, and the libel
complained of charged hint with did.% a tir to the
Qneen by habitnally putting on his ha', when Her
health wae drunk or the National Anthem played.
Mr. Charles Q.C. and Mr. Temple-Cooke were f r
the pltietiff, and Mr. Collins Q.C. and %I r. 801 l in
for the 'defendants. The jury was .1 11 lucked up
when we went to press.