The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1873-08-19 00:00:00

WEYMOUTH COUNTY COURT.

SATURDAY: Before Mr. T. B. P. Lefroy, jedge.
There were 84 new oases, three adjournments, one
re-issue, end ten lodgment nommooess.
The omen which •ttneeted meet notice) were three
brought by Mr. T. Andersoe, late agent for the John-
stow, estate, for fees for sentilestes and piens give. by
Imo with respect to booms built under leases held of
the . mete.

.14thote, trades. of Use estate of noose
Anderson, v. W. Ayirktry. Min A Is. Xt.
Weston for plaintiff, and Kr. Hooper for ridendatit.
Yr. Wwitoa rigid slat this was a *lairs for CS Sarni*
foes for too cortilloatee, as to the proper argosies of
two bocume. Mr. Jaskstsa woo trades for tile nide of
Kr. Andersoo, who had made ma arrangement with
his oroditors. fl. eartillesdes were to 'how that tho
Mims of the oestraets between Yr. Aylesbury, who
had orestod houses on load lamed of the Johnsbone
made, had been isomplied with.
Mr. Hooper asked Kr. Widow for whom be appeared
Mr. Weston replied for Mr. Anderson, who had
retain/A him.

--Mr.-ii-on—ser said Mr. Jackson was not tient.
Mr. Weston replied that tits astlos w.. 064/1[1.6 to bit
brought in tho name of the trustee ; but Mr. Anderson
hod purchased tit* book &Ma.
Mr. Hooper Gousidered Mr. Jackson Mould Item
Mon present • but His Honour did not think this
octoessmay, nailer* be was noutred us witness.

A reoelpt was put in. mowing that Kr. Anderson
hid purohmed the whole of the debar for £lO.
Mr. Hooper mid he hod lettere from Mr. Jeoksoo to
the effect that them rations hid Men breaght wltAtost
his authority. . . . . . . . . .

We Honour ruled that the receipt predated skewed
that the debts bad been bought by Mr. Anderesc, and
that was gotta suasion..
Mr. Weston proceeded to any that ithemover houses
were mooted on the estate of Sir Frederiek Johnstone,
oertlacates had to be pal In by the leer* peering that
all conditions had been serried out. He thee tia led
Mr. 0. 11. Oriakmay, arebitoot, of Weyenoieth, and
at prosiest surveyor of the Johastorm estate. He knew
the hoses belonging to Mr. Aylesbury, wow coonpied
by Mr. Williams, and that at present osnopied by Me.
Cola, the chemist, and was the arobiteet employed by
Mr. Aylesbury. Thee. houses formed part of the
Jobnatoos estate, awl be bad to apply for a oortUleate
for mob of these hoiree, and the certificates were
granted by Kr. Anderson.
Mr. Hooper: You always ask for a oertilleete of that
nature !—A. Yes, you are bound to do so wider the
loam.

Mr. Hooper : You understood that they would be
lven sa a matter of antra It was given as a
matter of eaaree.

Q. —You are now surveyor of U. Johnstone esaata
—A. Yea

--
Ban you Woo sad for say of those oortillootoo ?
A. Yrs.

Have you given them without charge T—Yee, I
bare. _

---
Mr. Weston : 81005 you begoree gurveyof of the
Johnstone estate, alterations hive been rude?—L.
Ye.; Mr. Andereon used to menage the whole boasting ;
I now mersly manage tke arehlteo.arat port sad the
surveying.

IQ &S? to further questions, Mr. Criekteey rid
the pertifioste is now given al part of the duty of the
earreyor. He had had ocuseion to WO earthiest's from
Yr. inlerson, and hal paid Mrs for thew. This was
In the olden time.

By tha Jodi, : Witness was appointed surveyor LA
October, awl thee there was • spedal arraagement as
to retnuovration, to hare • wartain salary, and the
oba:ge for them militates wee eseleded.

/Mame Irmo swore. Re was fersserly,
sud toe 18 yeses sad move, spot for tb• Johaellese
estate. lo th• Wale getterally (rested then wee •
stipulattot tits* say sew house built rittottLl b• bat to
the satlsfsetlott of the &gest or surveyor.
Toe Judge asked whether the lease wit prodseed ;
he should like to see It.

Mr. itylesti-uriji will proclaims it for you t 0..., your
Hosour.

Mr West.= : Or for ow either.

Aif.iiiry- to hie Hamer.
Mr. Wide°, to Mr. Anderson: Ham you bees In
the habit of grsotins sash certilioates and &anion for
them 7—Plaintiff : I have always charged and haws been
mid for them incept in this partioular instenos. Es
motioned that Mr. Aylesbury had entered into • sew
tract for 21 years, and there was a alarm that the
house should be finished to his satiate/Alen and them
was • special novo why th• wiliest' for NA HI was
wanted—for the maids/Won of Mr. Williams. Hs had
always bees paid for there sertillostes and kept a beak
for th• purpose cf altering them.
Mr. Reaper: 1 believe that when you left ths mists
ales, all the affairs were in a pascal state of middle
—A. No, they wore not. _ _

-ifOop-;;": itits-7 -;r-e-re a very deaf I—k. Qah•
so.

- Mr. Hooper: Was this eutend In my book 7—A.
Certaialy ; it um debited in my book.
Mr. Hooper: And the bill seat la it tbe same thus I
—A,. II might Da be precisely at the emus time; it
debited in my leiger for 1909, sad stke bill met sent to
January, 1870.
Mr. Hooper : Why have you allowed it to go ova all
this time from August 1868 to now f—A. I bare
meatloned it to Mr. Aylesbury now end scald, b.s •
very wealthy mac, sad I Imagined I vas Being to be
paid ; I sever doubted it. I mese dreamt for a sward
that Mr. Aylssbury would beve ebjeeted.
Plaintiff farther said : I said to Mr. Aylesbury "Tic
are °win as. two guimea" He replied ' I think I
bare paid lot." I said "I doet thiai you Inas ; bat
ni look again."
Mr. Heves : Did not Mr. Oecnabs, Whiter for Mr.
Aylesbury, pay you El 2s.—A.—l was paid Is.
bemuse I ma oonserned in a maim betweea Mr.
Aylesbury and Me 001 s.
Mr. Hoorer : Mr. Coombs was acting la the whole of
Wiese natters 7—A.—Yes ; be anted la Mr. Oolis
matter.

- :NV bat wad kit *pan ? —TVs prosiest Goo was
weer settled.

--(47—Har•-•you ever written to Yr. Coombs for lids
money ?—&.—Yes.
Q.—Does not he Ignore itt—A.—/fe, (hod ems
serreepoedeaee with blot, sad he asked me whither I
paid recover, sad I replied "1 NM"
Q.—You were appliod to for these eirtilestee
fro rum* V—h.—lrsu
Q.—DM not you madder it was yoar duty to grant
these sertilleatos would fallow a.. matter of
wares that I moat bore some 'Meade that the
sov.nants had been serried oat.

Q —Did you not aeasider it wss your duty to pant
them ii. matter of sours' if Mao terms of the blase had
been ooniplied with.—A.—No, it was my sashes If the
ooreitonta had not bora tarried out to give noties of
ojeotioo, and sot gnat a reoelpli for the rent.
Farther pnm4lir. Andenwo said It itertstaly woo
not his duty to groat Wm certifiable. Prior to Fondly;
the oertilleate, ho would harp to survey tho presaisse.
Tee surveyor was his dark. He mid lays es ewe that
the samarr was not ciallifoa his ditty.
Mr. Hooper : Did you eking for reuelpes for not!
Pleintiff : Ds you put that quake to leo f
Mr. Hooper : I do.
Plaintiff • Theo I don't stay,, it.
-•- .

The Jodie Oh p..,,.. oust,
Plaintiff (to Mr. Hooper) warmly: Of foams I did
not, and you know it,
Yr. Hooper: Yon di i not 'upset these premises toe
the
.purpoes of this orrtalleate,

Plaint.ff : There le a distinotion In my prestige
between granting oertilloeter ler the oas of the Madinat'
nod et the cement

Q. : you swear you wait °lry sad Inspected
till. hones : I will.

With whemt—A.: With myself.
Westou Tket is or ore.
I jr. Hooper sed his Newer was that it is forage to
the duty of the great for the Jobbers eerie to asks
thee sharer. There was Mr. Orkskesey's evidebes to
show that, and be sontended that it was part of the
duty of the agent to supply the eradiates la aorta-
roe with the arrant of the lama
The Judge fatted he mild see reser fir the
asap ; the landowner had now berme • saaddate
and therefore he right take • ere liberal view.
Mr. Hooper said if his Hoare reed the paws so
otiosely as that, be would fled del flir Frederki John.
done wee not a candidate for Weymouth In Osieberi,
therefor there had be.., no shams swept in the adios
of the Eger Mr. Otioknry right go and dans ; bat
people are not bore to pay kle.
The Judge You ow now am* drawing inferrer
to °matelot swore lestiaray. There is no doubt that
metro re not the 50...; there 1111 been a new age.t.
aod there hes been a °belga Here is the sworn testi-
ropy of the man who any., '1 have been agent for
nearly twenty yen, end I always obarged."
Mr. H00p.,: Mr. &edema hue made differed
charges for these eradiates at different time. and te
different people.

—ln answer to the Judge, Mr. Azar'ss explalud
that the Memos, tune for diffenat-sised bosun.
Mr. Hooper unleaded that • guinea was gaits se&
elect, half • guinea sub but ia mower. te ;Tingt
plaintiff
said the awoust *barged woo his
charge for a house of this Om
Joapeust for olaint(fL
&me Pioiottf %abut Jot* Wiiiiotot, bellaire TW
was • awns laa a pia& for tedkliap • bell&
M. Wooten send the lavelieble rubs wits YU whoa a
poems want§ to bend a aro Immo or looks eV Am-

Ikea in an old one. prior to doiag on • plan should he
drama aid airprsmad of by the lessors. In this OW Mr.
hedonist wee applied to, to draw • **sandlot' 6,1 •
on Mr. Willls..paid Mr. Anderson his
charge. Mr. Williams wee 'axioms to gic another piece
of road wad applied to Mr. Arden,. to let biro lune
the pion for the as. beam Theme plum would have
to be submitted to Mr. hedonists, am lament of the
iodate, sad they were always to &wheat*, nee for the
agent and the other for thecae of the in..... The Ind
house was mentioned to show 1161 Kr .Wlllises was
fully aware of the chirp and had paid it begets. The
knee was prepared, bet also this wind... Kr. Williams
DOM Olake to tak• up the plum and almadmved the
Wm or acliclag the how. Whoa applied to by Mr.
Andersen, he raked this rather ingebleas objiolto.
that be oily gave these instrusttoea oonditioacUy that
Mr. Anderson would allow him to oat no some ramp
In front of the house he had lint batik Mr. Andreas
said be soak' sot alter the plena, and to egoism the
pawn of Mad In front world be • great eye sere. Mr.
Arid/rem sot *sly made • fair *barge bat there wins'
agreement in to the &sip wads at the mid •
memorandum la • hook, As to the acmes that Mr.
Williams wanted Input railing le front of a boom he
had previously built, it was too flimsy to be Dotmcd.
Platatiff said that he had draws plans for Mr.
Williams to build a home in lit. Jeka's Teenier. His
usual nouns when • preen waited • Mese, had hew to
send the &palliation for approval by Sir ?Mann
solleitor, and altar that he revs notice that be should
require a full and somplete sops of the plans aid spool
Boatmen to file la tits Lelate °Hee. He prepared plans
and speolliostioss for this bowie, sad iiefeadaat paid,
sad afterwards applied for another plot of gonad, and
Ihis applioation was mitered ta a book kept for the par-
pus.. CM the iih Marsh defendant said his bouts was
' going to be jam like the other, and there would be On
need for separate plane and sposifisations; bat plaintiff
I told him he must have lowan glans in each saes ;
besides than was • Mlle dilates*, the groued. They
then spoke about the met, sari agreed for £3 3.., sad
witness iseinediabely mitered lit. hi. diary. The plans
ware lob hod on May 6, laY, aid plaiatiff this wrote
to Mr. Williams statiag that ha was reedy to deliver
them. as defendaat's piling the bins, the solhator's for
CIO 10a, sad *Mars ter £3 to. He Diner simmered
that letter._ Mr: Williams sabeimesatif pet up poets

ir Pe. _,
of std.:mien ease posed, sad plaintiff
told him tl,ey must be rumored, and thoy wore Bohn-
quently removed. Never made the miaditimi with Mr.
Willi nos that be should pot op posto—that would have
disarranged the whole of the plea.
Croes-ozanithed : Did Dot know that be volentened
tsi do the plans. M. Williams was priming very much
I. KG,t oa with tins. It was Mr. Jasksoo, in the
Win, on drew the plasm The j,lane wen not
delivered ; only one was required for Min to timeline ;
Mr. Williams did sot want then be wished to avoid
espouse. Rod bend of We balloting houses without
plans sad epeeihruMone to work by, bet be sever allowed
H. It wee entoresry for halide's to wad plans ; but
sometimes It was the other way. It wel Possible to
build without plans. Yr. Jenson had the main pan
to do with these pleas ; was salaried for the John-
/MOO Hite* artil for plaintiff; he vas trod's under
*Wire bankruptcy, When ploiatiff bought the
debts of lir. Jubo., the Isnot did sot say they Irmo
irreeoverable, se be shoal/ sot hays bought She.; but
on item of Ll3O, owed by • relative, was quit* Ire,
enerablo.
He essedued : The second house bad not been built
at all. Til• plau Ity at the &tate °Dos ready to to
takes sp.
Mr. Honer mid Mr. Anderson took upon himself to
draw tbe plan without sionalthag defondsat, sod then
Mid thou in the listate .a.; bit must ban felt that
I no IntUder amid have curried oat hie building withont
his pleas, yet be did not deliver them
Mr. T. J. Willis.., builder, seld he bad built a house
Is Si. Jobs's Terranand made appliestles for soother
plot.—Mr. iltadereen mined who nerds' to get out the
plane, sad teed' him as awe to do them, which
defendant did sot neon Afterwards Mr. Andoeson
denied dm the right of estelaring • pleas of ground in
front of his been sad defoodeat told hint he should
not have the other pine. Mr. Anderson told him bit
would make him ban the other pthem but soiling was
said about plans. Did not lsow piano ant be depos-
ited in the can before the lame was greeted ; though
It was before it was Aped, and he meld have plans
elsewhere Clanged his sled shoot the snood pion
brines he did not weal to be robbed, as be ha I had
the piece before his Gret hone kept from him, that he
meld not enlose It.
Mr. Anderson expl•lned that it was nesessary deka-
deal should keep his bone and promisee hook to the
frontage agreed roe.
Mr. Hooper said defeadant did mot clearly understand
shoat the pine la front till Mr. Sherry, filr Frederic's
solicitor, came down, and Mr. bberry bad gins up to
didendent, and did sot enforce the mend leen.
Mr. Andenoa peados ,r 1 his diary showing the IMAM-
or.adorn of the meat.
The judge ooiildsrsd defendant had given the order
for the plass, arid Mt feet of big having thane& kis
mind did ace release him from tho obligatioe of paying
for what hi Ind *Pined. Judgment for plaisMff.
Jackoos ogoloot Wilft—This was another Chas by the
same plaintiff. A settlement was saggested and agree
to, and the met withdrawn by cionseet.