The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1859-10-25 00:00:00

EAST SURREY REGISTRATION.

lIDECHOLD LAND SOCIETI —INPORTAII? DECISION.
On Wednesday but at Reigate Mr. W. 11. Beet, the
revising barrister, sat at the Townhall, and concluded
the revision of the list of voters for East Surrey. Mr.
Comer and Mr. Smith represented the Liberals; Mr.
Hare was for the Conservatives.

The decision of the revising barrister on the claims of
about 40 individuals holding small allounents as member,
of various freehold land societies was reserved till Wed-
nesday.
The Revising Barrister remarked that it was objected
to many of these numerous claimants that the land on
which they based their qualifications was at the present
moment unproductive. This question had been argued
before the Court of Common Pleas in the case of
" Aspury v. Henderson," and the Court in that case
held that the fact of the claimant's land being unproduc-
tive at the time of making the claim was no diaqualill-
cation. The Court not only held the principle to be
false, but it went further—it laid down that, in estima-
ting • claimant's land, • speculative value must not be
put upon it. The decision, as he read it, amounted to
this, that, setting aside whether the land be productive
or not, the question for the revising barrister was, if the
claimant were at the time to take the land into the
market, what would he reasonably get for it? Neither
was its value in times past any part of the question, but
what was its value at present? One claimant had
urged that his plot would eventually become as
valuable as • site at Pimlico; but the future
value of the land was a question into which the
law did not permit him to enter. This poiat
disposed of, the question occurred, on whom does
the onus of proof lie? On the claimant, unquestion-
ably. A man who brought • case into court was bound
to prove it, and if his vote were objected to he most
show his land to be of the prescribed value. Of that
value the revising barrister must judge on the evidence
brought before him, he being in the position both of
judge and jury; and, acting as a jury, he must not
only consider the evidence, but also the credibility of
' the witnesses. The evidence offered generally on behalf
of the claimants was of an unsatisfactory character, and
not of a kind on which much reliance could be placed.
In order to show that the allotments were of the
annual value of 40s. the reports of the freehold land
societies and the evidence of the surveyors and others
connected directly or indirectly with the societies was
adduced. Such evidence, though not without weight,
could not be received like the evidence of independent
persons. Other evidence had been given as to the
sums offered for various plots in times past; but little
reliance could be placed on such facts, because land was
continually alterikg in value, and besides, a piece of
land not in itself worth more than £lO might under
peculiar circumstances be worth £lOO to • particular
drulividual. Such evidence, therefore, though not with-
out weight, had not that value which hail been attached
to it. According to the decision of the Court of Com-
mon Pleas, a revising barrister might, among other
things, take into consideration the amount of the pur-
chase-money; but it was also to be considered if, from
the amount of the purchase-money the land appeared to
be of the annual value of 405., whether, through lying
idle and unproductive, it might not have diminished in
value. He should also be guided by the use of the
plots, their position near • road or otherwise, and other
such circumstances. On these principles his decision
would be guided. He wished it to be understood fur-
ther, that he was not now laying down a strict rule of
law. It was only a matter of evidence, and these
claims which would be disallowed might be brought
forward again nest year.

A MADNAN T ING THE QUIEN.—The police
have received information that John Stubbs, a mania"
who was some years back found concealed in Bucking-
ham Palace with dangerous weapons, had escaped from
the Cheshire Lunatic Asylum, where he luis been con-
fined since the discovery of his settlement. It is stated
that on Monday week, on bearing some one speaking of
the Queen's visit to Bangor, be became fearfully excited,
and made two desperate attempta to escape, wluvi
were frustrated. On Thursday night week, however. be
succeeded in breaking out of the asylum, and was traced
as far as Upton, mar Masts; but all let has eh"
captain.