The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1873-02-25 00:00:00

WIYMOUTH 0017 NIT COURT.

BaTuabar.—Befors T. a. P. Ulm. Up, judge.
Chia v. Grammay. £7 las. 3.1.. be slow. —Mt. G.
B. Cmlakamay aapmered am oa• ol the plaintiffs, bat
ditandant rts absent.

Kr. Oriehntay raid all the order* had been by letter,
and deloadant had aka most • letter pronalslag to pay.
Mr. Oriekmay add the work had beep done by con-
kook, sad defoodant had resAved th• money.
Judgment for plaintiff forthwith.
Combo' v. 0410.—Tkis was • Asia for £27 124, 1...
solaos of Jammu, brought to moor& 223, Taloa of tore
:tat of hay. £4 damps thresh not bottle allowed to
take IS, sad 10• last by • rise in pries.
Mr. George appeared for plaintiff, aad Mi. HMIS. tat
depadant.

•sallEr. o;mge introdueed the eau. It appeared that
Mr. Combat, of Port Mad, botght the bay of Ms.
%eller, of Nottliagtoo, who got into difficulties and
liquidated. When Mr. Combo writ for Os. hay Kr.
Gale won'd not let him ha.. it. alleging that bis bed
ilistrsioed for rant But Mr. Gouge urgod that Mr.
Oak had no right to distrain noon l, and roferred to
tim, sue Taylareoa tr. Piton, 7 adolphos sad Mr.
whin • tenant went away, leaving stook on • farm ;
lint this was hold aot to be • motioning of the
tenaum.
William Combas, plaintiff's son, said that on Sept.
27, he purobserd two risk, of bay for his father, of Mr.
Jas. 24lastler. It was on land in Mr. Eihstlar's 000ttps-
Mon, luisoglng to Mr. Gals, and the pries was t 23. Os
Dec. 18, witness out. from Portland to Nottingtoa
with two waggons, sin horses. sad soon betides himulL
The gots of the field was look.d, and be mint for On
km ; but this was Maui, it vu salt by Mr. Gale's
ardor& While thoy were then, Mr. Gale owns by in •
trap, and told him he Gould not have this hay, bK1411•11
Mr. Bhot'sr mu • btakrapt. Witness oonld bets takea
away four tom at that journey, and be lost £4 by hang
prevented, as tbs. eltargod El • ion for fotalting. Hs
had alas been obliged to patellas. other bay, at • ries
of la. per too.

Ur. Haase said Mr. Sheeler'. tonaney expired it
Michaelmas last by arrangemeat ; but he asked Mr.
Gale to allow him to lease some property leoloillog these
two ricks of hay, on the land. This agreement Mr.
Hance oontooded, amounted so • prolingation of the
iteneasy, • distrese had Imo put in fore. sad the goods
hid boon seised. In this ease there had bees • holding
over of the promises. and Mr. Gale had. right to dis-
trait. Therefore Mr. Combos had so right to take
away the hay.
George did not admit the distress. Beside that,
the hay W 44 add on the 27th Sept., and Mr. Sheller
had no right to it after that time.
Mr. Hanna ciontended that the cue of Tayierson V.
Peter., quoted by Mr. George, did not apply, as the
thceat went away leaving stook on the farm without
sioneent of any one, and not intending to return. There
wee bore an express agreement hawse& the outgoiag
tenant and the landlord, sad the in-ocraing Secant wee
prevented from having pomades of the land on which
these ricks of hay stood, until the &grommet was op.
Ho referred to tit, same of Mattel' V. Stanton, I, Law
Journal reports, where • tenant hold ono part of alarm
by custom of the sonar,, and it was decided that the
landlord had power to distrait within six moothe after
titr expiration of the tenancy.
The Judge said that wasia still stronger sue than the
other. Hero the landlord had the key, end was Dot
debarred from posestaiee of the lend.

Mr. George s'aked for ex picoos.—
Mr. Rause opposed. toot the &Won wee one
of trover, not of &thine.
Mr. harp stated that the action was expressly
brought in doting*.
Judgment for plaintiff, with soak of two witnesses.
Poole v. Wa&voi. —Claim for tl 19. Td.—M,.
Howard for defendant, and said that defendant was
engaged to winding up at estate which had bees
" huog up" singe Ootobse ; but he would 00111111 into
ootielderable property wheri his was settled. rho
Judges is the Leaden Courts had allowed him time,
and he hoped hi. Honour would do so also.
Allowed • mouth to pay.
Neaten r. SetiCi.—Defendant's wife admitted the
debt, but said it had been standing so long thst she did
not thlak Mr. Nathan mould demand it.
Plaintiff said that the defendant had been • condo.
• pert of the time, and than he °could not sue him ; bat
sow be moat work at Mr. Howissd Thomas's.
Defeedant'a wile said he wee only then ose day.
Plaintiff said he had only bad one shilling singe
1247—(a laugh).
Order for 2a • month.

Nathan v. Dais. —ages for 6‘. &I. against s &lel
boatassa.—Yr. Boyd* sold 4a 6d. had bona pskl tato
Goad.

In answer to the Jodie, maid the debt had
been onine ii o. 1869.
. . . .

The Judge thought plaintiff, by al/owing the debt to
stand over so long, must have thought delesdant amid
not pay.
Plaintiff said that wadi his awls*.
Orgor.tot 4s. forthwith. _

Sperling v. Ohipmeam.—D•teadaet sioned sa &drab.
elan to pay 104 a mouth; but plaistlff refused to
aeoept it. Than wets other judgment esounoases
against defendsat ; but plaintiff gold the whole of the
other oases did not mount to mon than the amount of
his bill, and the defendant would have £l2 In • short
time.

Order 10s. at ono*, and 10s. In a month.
Combs. and Poikapsry v. WAsie.—Claiat for el 10e.
for rubble dueo—Mr. doward appeared for plaintiff
aad Mr. Hooper for defendent
Mrs. Combs. and Hrs. Potheoary own a pion of
land walled a ebsyne, cm which the rubble stone from
the opening of the quarry is tipped, at so much per
lon. White tipped rabble oa the plaintlife chants;
bet the lend had bees Moos sold by eompulsory power.
to • company, and defendaat refissel to pay until sbe
knew who was the right petty to read.* the money.
Hrs. Oomben sald sbe and Mrs. Pothecary gowned
Thomas's Oheyne, of money had been paid to them,
tor Upping stone. Mr. B. White, didendaat'e so.,
eons to her about Upping stone Into the obeys*, and
As gave Getout to have it tipped there at the usual
terms, 61. per ton. They had sold the lead
use, on the express agreement that it
was independent of the mousy due for rubble
tipped. 400 tow bed been tipped at 31. a ton, and
some nap at 31. more. Mrs. White had paid Mr.
Short, spat of the railway oonipany, £2 10.., and
would nos pay any more till she knew Is whom to ct:
It. The lead was sold on Jun.? or 8, 1871.
accounts of rabble are not med. up till the stone is
"mad.," MIMI twelvemonths or more afterwards, and
her woad warn for rabbi', on Decombec 8, 1871. The
rubble is oeloolated, more or lees, aceording In the
amount of bleak &tome qaarried.--Croes-examined :
They were tipping rabble about • month on her land.
Hr. Hooper prodasied the sonveyanoit of the land,
together with all ways, rights, does, and apparteusnese,
which the owner had or should bovine entitled to, and
therefore he eontended that the rabble bellitgred to the
stows company. as they would not Wind GNU the good
4040 was worked..

—The Judge rid tree dur were a kind of rent from
the land; the conveyers would not debar payment of
any rest due.
Mr. Howard agreed air that the payment of the
dor was wily deterred, the lees] liability accrued
directly the rubble wee plastid on the land.
The Judge It la • kind of rest In arra. Bet he
said he must hare • quarrynno SO prove the custom.
John Norbert Bead, quarryman in the dampen
who tipped the rubble, said try tipped it till 14th Jar
1871. Th. rublie par re half, and the oil, orte-balf,
$t • ton rob. From the fish to the 14th Jon. they
&prated about ortwidztli el the rubble from which the
amount we. Maimed. £lO in all wee due for rubble
and rep, and 412 5. is dr to tlr. Short for cap; one
'lath part of the rernainiog lo rh• stone raised
pre the ed. per ton ehaterr tbe amount of rabble
and asp. CrooterUminad : Tite Moak I. still bra;
worked, and the dues are not p tyable till Ills " made."
Mr. Primary, part owaer, said when she sold the
land the rubble dues were marred.
. .

—grii;io;;;,; ifil;;;;."7 Mn. Whit*, went te
Mn. Comben about the tip, and she sere them per-
mission to tip Immediately, and they went on tipping
es fast as they oould.
Mr. Smith sorroborstod as to the enstom of the
wood with rupee' to rabble dues, which were payable
to the owners of the land. If thir,rabble was divulged
on Moe. Comben's lead, the duo would be payable to
her„ as thAy were like • debt.
lii. Hooper said the plies of the lead WY very Ulna
=hued became It included all rubble doss. The.,
to/lowed the ownership of the lead.
Mr. J. J. B. Short. for the Portland stou °company,
said he had received vs for the does for rubble ie Ig7l,
and Globoid a year's dues (1872) from Hrs. °emboli.
The value of the laed lay 'kite being a plass at deposit
for rabble, sad es rabble ground, the feta wee
enbanoed. Orres-exambeed : .Le mash is ifb bad been
revolved for rabble dues In oo• yea.
Mr. Clarks Hinds had lived in Portland ell his life
had been a quarryman, sad wu parish clerk, sod
sequelnted with • "few" of the mem& What bad
was a:aerated, the rabbis does would not be paid till
the seem was Ignored, if It were not for 10 yeas, --
hi thouxht the rubble dues would follow the *ware-
ship of the land as the time they were poid,-_crow
exemined : If the rubble dues were expressly reserved
In the deed or agreement they would Dot go with tell
Land. Supposing the land changed bee& tweet, thaw
he ofteldered the dm • west to the lost owner.
Abel Pearce reosived rubble due for Buight's Wear,
and distributed them &mom *someone. Whet behove
to bomb." kipt hied( "—(laughtier). The harm h
peed Ile the peewit oweers, who had LA bah Shit
OVUM all the times glue the nOtitiewee 4spd,
boots.; gems do sell end othull do hay,"
Ir. J. J. B. then, la sun, to the Judge, said es