The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1866-12-18 00:00:00

BLANDFORD COUNTY COURT.

MONDAY, Dsc. 10tb.—Gefore & Ermearr, Esq., judge.
Tbere were between GO and 70 original plaints
entered, including one iuterpleader and one replevin
case, and one judgment summons. Those of public
interest were the following:—

Elisabeth Ainsworth v. Hee; y John Manball.—Claim
a 7s. 6d. —The defendant in this es i* • master
builder and stone mama residing in Blandford, and the
claim was for the maintenanee of an illegitimate child of
which Le was the putative father; and towards which
be had entered into an agreement by writing to pay at
the rate of 2s. W. per week until the child was 13 years
of are, provided the mother did not apply for an order
of affiliation. The agreement was signed Nov. 19th,
1959. The last payment wee made by order of the
"wt, and the present claim was for 67 weeka, at 2e. 64.
per weetr.—Jerlpurst for the amount to be paid forth-
with, with amts.

William Down v. Thom'. D. ffnmbey.—The plaintiff
reside. at Handley, and with others has a right to do-
pester, cattle on Handley Common, and the defendant
is a farmer residing in the SILITIf parish. The claim was
for C 5 for lialllaga and loa sustained by the detention
and pounding f two heifers, whi Is strayed off the coop
mon into the d.fendant's Sold, and which w re pen led
by his directions. Mr. Chitty appeared for the 'plaintiff
and Mr. Atkinson for the defendant. —Plaintiff stated
that he had the right of two lows on Husdl .y Coupeon.
lie hid gaols. for, there on the 27th (Ist. On the 28th
he went to hoot for them on the common, tory ay, re
urriss.ne. and I.e traced them to Mr. I,,phhe)te fosut
aed a distance. of shout a quarter nf a mile. 01 cute,
ination he found th ,t they had 'frayed from ri,e ants-
soon through a pert ware ilie hedge wn, broken foe a
distanee of about Ira yard.. The common was o
from Slay to Nov. miler. He testier' them through a
arm of :oral's on to the Down. and into Mr. Humhey's
farm yard. Ifs su-nt into the house and saw Iles.
Murphey. She said he wee not to have the heifers
without he pearl Is. the damage they had done. To
which he replied he dot not eels he had any right to pay,
asthe cattle strayed through Mr. HumbeY not ke•Piug
up his (enact. Oa the 3tlth lie saw the cattle in the
parish pound, and it was for injury to the besets and
and loan of time that he made the present elaim.—Bis
Honour: Then it is Female@ you refused to pay Is.
damage that this case is brought here.—Mr. I bitty
suomitted that it was not the amount but the principle
of the affair that should be conaidered.—Crom exatnineu
by Mr. Atkinson : Saw the boats previously to their
being lota about three or four days before. Saw the
haywarden, Joseph Messer, about twelve o'clock on the
clay they were misord. He did not tell him they were
in Mr. Humbey's jaid. The heifers got oat of the
wool which formed part of the common. There is a
public road running through the common by the field.
1 - Jouph Messer, haywarden, said that on Sunday
afternoon, 28th Oct., he was sent for to Mr. Humbey's.
As it was petting late be did not go till the next morn.
lug, when Mrs. Hornbey told him to take the two
1 heifers to the pariah pound. Thc• remained there till
the following Illondas morning. De did not Inc Mr.
Fiemhey at ell. There was no fence where tl e tattle
got out for • distance of 150 yards. If they got out of
the wood they would get into the sheep lease, and then
Into the turnips. He tracked the tattle from the wood
to the sheep down. They most cross the public road
I before they tame to Mr. liumbey'sland. There was •
gate there. Lord Rivers' fence was always kept np,
and previous to the present year the defendant's was
also. The gate acrom the public road had not been
nnhung since the cattle were turned nut in May. The
pate was useful u it kept back the cattle on the common
pont Mr. Hurnbey's land. He went to the place where
the heslxe was deficient every clay. ft was his duty
to turn the cattle bask. jibe found the cattle straying
in the road it would he his duty to impound them sup-
posing there was • sufficient fence. On Sunday after-
noon he examined the place. where the cattle got
the ,ugh ; there were no other track, than
those of the two heist.,, What he meant wu there
were no new tracks. In answer to the question as to
whether be did not drive the two heiters back the
previous day, the witness yrs varicate4 for some
demi+, time, but at hat acknowledged that he might
have done no. and that Ire bad previously dries n them
back.—Ocorge Kerley, of Woodyates, in the parish of
Handley, said he was employed foe al years, as wood-
man on Lord Rivers' comb . He knew Mr. Humb. y's
land. It adjoined the common. A road ran through a
corner of the common woods, which formed part of the
common. Mr. Hurnbey Itcpt up the gate. The cattle
could get into Mr. Humbey's land after passing the irate
if there was no hedge. The tenon was not now r.uffirdent
to keep cattle back.—Croaa-examin. d : Mr. Iluinhvy's
fields run along by the side of the wood for about half.
..'mile. Mr. Ilumbey was allowed, when the wood was
cut, • certain quantity to keep the hedge in repair.
Formerly there was • copse between the wood and Mr.
Hurnbey's land, and when this W• 11 destroyed the rattle
could get through from the wood to his land. Fie had
not heard of any complaints before. The four former
tenants always kept the hedge in repair. Walt. r
8111-001, who stated that he had been woodman for many
years to the Marquis of Anglesey, previous to Lord
Riser" haying the property, also proved that both Mr.
Hninbey and the former occupants of the farm had kept
up the fence until the last year, when Mr. Hiambey
suffered it to go to decay.—Mr. Atkinson sehl that he was
not prepared to carry the came any further,af ter the state.
inept of the plaintiff that he examined and tracked the
marks of the cattle. They were not prepared for snob a
stets:went. —His Honour said the only question then
was as to damage.—Mr. Chitty said they did not prate
that point, they would take the damage at 408.—This
his Honour allowed with all costa.
INTUIPLILADIM C —.Tomes Warren e. William
Brown.—The plaintiff is a dealer at Handley, and the
defendant a grocer at WindPerne.—Mr. Chitty appeared
for the former, and Mr. Atkinson for Mr. Brown.—
. . . . .

with Thomas Warren in the early part of Hay, 1866.!
He dii not say anything about the trap bine his ,
(sitar's. He stated that the one I LOA is exchange was
his own. It was look away when exchanged and never
brotuht hack. The exchange of horsea was in the latter
part of 186 b. Warren never mehtioned about its hying
his father's horse. Witness madlected that after the
exchange Warren pretended to ery, and said he was an
sorry to part with it, and that he loved it better than :
he did his own laic --(laughter). Nothing was tbon ;
said sh .u. los taking 'he horse in elehange Inc his
father's ap..rov•l.-11.11.44 H•raing, 041.4 of J aloes
lb.rd: lig. I I the {lngle Horn, G0nv.114., depoacd as to et
eolventation het ran Tilinnall Warn n and others tit her
kitchen. In sh•eh he -aid lie rothl not len alit. hit
gr y horse 1.41t3J, as t wa. so .I.4itt, and his wife Gould
otive at. Hurd. n, uoner.baliff of it., court,
'moved as to the seizure 'lt',. horse and trap. Ile
(104.1•41 it was on Oa hniltimat a diatoms from plaintirs
I house. No one but Warren's wile was in the cart, and
! pkaintil, aa soon ash. sot to the hots., threatened to
I beat his brains oat—Mr. Chitty having addreael the
court, and pointed nut that no a videnoo what.wer had
been given ountralictory to hie clients statement as to
the harness, his Honour said that he h4d no doubt what.
ever but that the gook in quration were the property
4.1 Cie e-sigoess nadir the hankrup.or, and therafore he
could not give a verdict for Mr. Brown. He advised
that 'ha harm.a akohl be given up to the plaint.ff, as
there was no contralictery evidenee reapectmg at to that
given by hint. The quvation of arks he would take
time to consider, Ile had never h fore heen Galled upon
to adjudicate in ouch • cue. WI 11,11•11 it would he as
well or hint to make an 4.rder In sive •p the home and
trap t • the execution creditor., who would have to hand
them over to the asoucats under the mukrepto.