The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1880-10-26 00:00:00

WEYMOUTH BACKWATER BRIDGE.

Mr. Barren presented the report of the Bridge and
Buildings Committee, and in the coarse of it they
referred to the Backwater Bridge question 114 follows:
The committee beg to report that the indictment,
preferred against the county by the Corporation of
Weymouth for neglecting to repair this bridge, was
tried at the last assizes, before Lord Coleridge, who
expressed himself decidedly of (mini in that the bridge
was a county bridge, and, by his lordship's direction, •
verdict was returned against the count, atwordingi/-
It is quite open to the county tn appeal against the
ruling of the learned judge, by moving for • new trial
on the ground of miall, ection. The committee were
at first disposed to nivi-e the Couit to adopt this
o mrse, but, upon further neinsinire on st a special
wetting. the prospect of the sneers of the appeal was
not u fli, inilyencruraglngfotth.mjugjjf,
and, according to that, the bridge will be accepted as a
county bridge, and motor stem taken for its mainten.
anoe. The C immittee suggests that they should be
authorised to take such steps for obtaining plans and
estimates for repairing, and, if necessary, reconstruct-
big the bridge and report the result GI their proceed-
Ws., if possible, at the next seesions.
The CRAIINAS said this was a matter of very great
and serious importance, involving the possible expendi-
ture of • very large amount. He dared say the Court
was also aware that the circumstances connected with
this question were of a very unusual character. It
had seemed t. the Bridges sad Buildings Committee
there were very cogent reasons, as they thought, for
raising the question in • court of law, and before it
was tried at the last Dorset Assizes they were of
opinion there was very great reason for doubting the
liability of the county. Re was not sure this would
be the opinion in all mind., but he might mention to
the Court that Lord Portman, for WhOle opinion it
was hardly necessary to say the Court and the County
at large had a very gnat respect, was very decidedly

of opinion that the judgment of the Court at the last
assizes was not likely to be overruled. Thus, as Mr.
Batten had also read warn the opinion of the Com-
mittee, the prospects of ARCMS, were not at all
encouraging. However, that was a matter now, for
the opinion .4 the Court at lar4e, and it was a decision
.1 very great importance for the county. He supposed
all the magistrates present had heard of the large sum
of money that would be required to repair or to re.
construct the bridge, and it was now for the Court to
decide whether they would take any further steps to
rale/ the question as to the 11.bility of the county. If
Not, then they mast appear for judgment on the sth
of November, and when that was passed, all oppor-
tunity of making any further objection or raising any
doubt as to the liability of the county waa at an end. It
was worthy of the Courts gravest 000siderstion, and
they must come to • decision that day, for the bridge
was reported to be in a very bad state, and they must
not lose any time unnecessarily in coming to • con-
clusion upon the matter.
Mr. Hanky FARR YEATIIAN : I am informed that
the oast of the appeal would be something like £2OO or
£250. I should like to know the actual coat. The
re-building of the brides would, I understand, cost
between £lO,OOO or E 15,000. If an appeal would oost
only £2OO, would it not be worth while to incur that
before we do the larger sum?
The (AM or Till Puce : I have ascertained from
my London agents that the expenses of both parties,
if the county lost, would be about £2OO or £250.
The CHAIRMAN : Of coarse there would be • motion
for rule nisi, an ex-parte motion, and if the rule was
granted then it would be heard before the judges in
full court. That would be argued upoa the facts
already admitted, and there won! be no new evidence
taken. It would only be an argument by counsel
upon the facta of the case, as admitted and proved at
the last Assizes.

Canon BINGHAM : Have we had any opinion from
the c.mwel the county employed aa to the probability
of soccer, ?

The CHAIRMAN : Yes, there is the opinion taken
from Mr. Charles, the legal man, who argued the case
at the last Assirm, and his opinion is adverse to going
Into Couit again. Pelham it would be hardly desir-
able, however, to read it, if there is • chance of our
going into Court. It would be publishing the points
against ourselves. We wish t, have • fair trial, and I
don't think it is necessary to take upon ourselves the
case of our opponeits. (Laughter.) Our counsel's
opinion is decidedly agalet appealing. The question
really turned npon a very few words of the Act, which
are so follows :—" Where a turnpike-road shall have
become an ordinary highway all bridges which were
previously repaired by the trustees of ouch turnpike
road shall become county bridges, and shall be kept in
repair accordingly."
Canon BIXOHAM : If we have the opinion of the
Chairman, of Mr. Charles, and of the Committee
against us, I think the best thing we can do is to Us
down on our backs and kick." (Loud laughter.)
Mr. HARRY FARR YRAIXAX moved that the Court
should appeal.
Colonel HEIM° seconded the motion.

&TT 57 E.—ELIOT : Will the Chairman inform the
Court who gave the estimate for £lO,OOO for repairing
the bridge? . .

The CHACILNAN : Not repair, but re-construct.
Mr. G. B. Eiscrr : I beg you/ pardon; I understood
It was for repairing.
Colonel STZWARD: If we go on the present evidence
we shall be beaten. There is not the slightest doubt
about it. The evidence on this question has been mis-
leading throughout. The only chance we have of
gaining by this appeal is by having a new trial. There
were several totally false statements made at the

- itivir. HANRAW advocated an appeal.
Mr. R. H. Eticrr : Would an appeal cause much
delay? The bridge is in a very rickety state, and in
case of an accident the county would be doubly liable.
Mr. H. C. GOODDIN remarked there was • notice
pat up at both ends, and in case of an accident who
would be liable?

The CHAIRMAN: I don't profess to know what the
result would be in law ; M present the judgment is not
acknowledged by the county.
On a division, 30 voted for appealing and 17 against.
Lord Shaftesbury voted for and Lord Digby against
the motion.

THI 0013111 T HOIMIL

The CHAIRMAN said, as no doubt they were aware,
Mr. Ling had given up the pousestion of the County
House. One of Mr. Ffook's clerks went over the house
to see that all was in • proper condition, and he
reports blr.Liog has relinquished the county furniture
and the linen in a perfect state, after 14 years service.
It was only fair to Mr. Ling he should mention that
fact ti the Court. (Hear, hear.) The Caurt then
formally agreed to allow • eum not exceeding £lOO for
the purpose of adapting the County House to the
requirements of the couoty. Notice was given of an
applic•tion fnr a sum not exceeding £5O for furniture
for the County House, and £Bl 19e. 3d. was granted
towards erecting Leigh-bridge.
"patios

AT-BWANAGL

Mr. G. H. BOND moved "That bye-law No. 3, page
6, be so amended as to exempt the owner, driver, etc.,
of any waggon, &c., from prosecution who may have
what is teemed a 'drag,'—viz., a piece of iron not
more then f-inch in thickness and at least 15 inches in
length, of the Name breadth u the tire affixed to the
tire of any or either of the wheels of any waggon,&c.,
so long As the wheels are not 'spanned' on any high-
way without • shoe or skid being under such wheel.
That this amendment shall only apply to the parishes
of Swanage, Langton, and Worth Matravere."
After a short discussion the motion was carried.
(MONTT LUNATIC ASTLON.

The total numhor remaining in the asylum la 210
males and 256 females. The Wanes due on the loan
account for the new asylum is £2,566 13s. 4d.

COO NTT IXP INDITU RI.

The Committee recommeaded a county rate of id.
In the pound, amounting to 22,2 n 154. Bd.