The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1872-10-01 00:00:00

IBS WHAVYAGI •ND PIIR DULL

Tbe following letter wee read
" Weymouth, September 9, 1672.
Tim Worshipful the Mayor (J. Robertson Pell, Weymouth.
810,—On the lOth of Mush last, the Patty Customs, Why.
loge. and Ilartnur Dues of this port were let by public auction.
Being the highest bidder, 1 became the renter for one year,
for the mu of X 1,600. One of the the conditiona of letting
being that should any litigation arise, the Town Clark was to
conduct the case for the renter. Captain Blandford, of the
B.S. 'Aid." refuses to pay the harbour dues of Is. 61., due to
me each Um° his steamer enters the harbour, and 1 therefore
am obliged to summon him to appear before the Justices of
the peace for this borough. And shall feel much obliged if
jou will Instruct Kr. Eitegirsli to appear on my behalf.
1 am, Sir, your obedient servant,
J. Ceram.

Mr. WeMorin said he had had to appear, as the
Mayor was aware, before the Magistrates in this oafs,
and previous to a resolution being moved, ho should
like to ask the Town Clerk whether or not the right to
take these tolls ben incorporeal berediament, and also
in chat way that right to vested in Captain Coseos.
The Tows Cuing said that oonadering the duos as
tolls,tolls are no doubt an iocorporiaal hereditament, and
be would take it for granted that they arc ; but under
• peculiar Lot of Par*mint, having bsen the agent of
the Council and Town Clerk for upwards of 30 years,
and there being • oondition expressly meeting this ease,
be submitted that this was the question fairly to be
litigated by the Town Council whether these dues are
payahle hi this discription of vessel. AA to the way
io which it was to he litigated, this was not the proper
opportunity to explain, nor was it for him to say bow
these tolls are to be recovered. If the resolution were
tamed, be pledged himself to mover the tolls and to
place the Council in the honourable position which they
ought to be in. They had received Captain Cosecs 's
money, aod they ought to place Captain Cobs& in the
proper position to recover thew dues.
Mr. WTI/WOOD brought forward a text book with
refereme to the question; he was not going to disouse
the matter ; hot he said that these teas being an in.
corporeal beroalitameat,it is irecessu7 that there shoold
be some wriUng conveying the tight t, collect them to
Captain Comas.
The MATOII reminded Mr. Welaford that perhaps not
more than two of the geitlernen around the table beside
Mr. Welaford Mauled knew whet an "incorporeal
hereditament" was.

Mr. Alderman : And • eery good thing you
do not.—(A leash).
Mt. WELAPORD said Ire contended that they, IPA
Corporation, do not tooth by word of mouth, they
must speak by writing. What the Town Clerk bad
produced was a tartan agreement attached to condi-
tions of sale, and these conditions bad been signed by
Captain Cessna. lie (Mr. Weleford) had the right to
ask if the Corporation had let these loU., and he said
that the Corporotion had dons nothing to authorise
Captain Comma to take the toll.. Ho now raised the
objection that the Corporation ought not to authorise
the Town Clerk to litigate the cam. There must be
wow resolution in the book, or some deed, and b.
salad Mr. Bitumen to show that they had let the tolls.
Fle did sot wish to go into the legal question; but only
to ask Mr. Steggall to show than south writing to prose
the tolls were let.

Mr. Tunnels said they all knew the tolle were lot,
and he held they were bound to protect Captain
Cowen&

Wttitrottgr said he would hold up both hands to
protect Captain Cottons •, but the Town Clerk ought to
show some proof beyond his mere word, that they were
In a position to let Captain Casette have the tolls
Mr. HOWARD WY eitteoply sorry that this litigation
had arisen betteuae he had stood up for the steamers,
and sold the Council ought not to charge them the full
duet every time. Although they were entitled to ask
Captain Cosine for D. 6d. every time his steamer
entered the harbour' yet time after time for the lest 10
years be said aid stood to it, that the stearnere were
nob a convenience and attraetion to the town that they
ought not to demand the full amount. Re was there.
for, extremely sorry that now the lease id In Captain
Ooeens's own bands, he should try to get his "pound
of flesh." Instead of supporting the reitolutioo that
the Town Clerk should litigate the question he would
very mush rather that the Town Clerk, ;piing as a
private gentleman, should Ws Capt. Cowing and make
some arrangememt between him and the owner of the
Al']. When for ye•rs pest the Conned had been allow-
ing the steamers to some in at • certain pries per year,
when they had been favouring Capt. Comas in every
way, was it right now, because he happened to hold
the tolls, to exact his "pound of lush" For years past
they had never asked for the ls. Cid.
The TOWN CLUE: Perhaps you are not aware Mr.
Howard that all asp:. Cams Inks for is what you
let Lisa have under those eouditions.
Mr. Howttli : We met Capt. Downs in the most
houourable way, and reduce' the charge to him. Do
Dot you think we could meet and make an arrange-
ment ?

The Towu CrArac said he had given up a week of his
valuable time to sooomplish what Mr. Howard had
suggested; but be was not put in possession of the
whole of the facts ; be was not aware that • certificiate
had been granted by the Board of Trade to the launch,
or that vessels had been towed out by her. H. said
"Under the circumstances I should strongly advte you
to effects compromise." The advice was listened to,
misting after meeting took place, he endeavoured
racially us friend to bring them to an agreement, and
they acme day after day fore whets week, mad at last
they approached so that there was only • differentia of
2s. per week. He (Kr. Steggal) said "It is • great
pity that, as we have the tqainoctial gala combs ces.
you do net agree." Captain elopes did agree to vary
from the terms contained to the conditions, and be (Kr.
Sitwell) did all he could to clia:ot • compromise. At
last Capt. Conine said "I do this upon principle; I have
reason to believe that other Asset launehes are coming,
and I have paid £l5OO for thou tolls." Capt. Opens
asked him to eons. down to the Court ; but he (the
Town Clerk) said " No : I have heard the whole of the
*Won both sides, sod I have a feeling of sionsid-rable
delicacy about appearing and as your proper source is
to submit your case to the Council, I decline.
Mr llowann referred to the eonditions, and oat-
tended that this was • mere boat, and the putting •
steam-engine In her did not make ber • steam-ship.
He should not at all hesitate to take the eau to the
court above, oa the point of law.
The Maros asked the Council to tontine themselves
to the matter before them. Capt. Curets
asked theca to defend him in collecting these tolls; be
(the Mayor) had very mach pleasure in proposing •
resolution that the matter he litigated on behalf of the
lessee by the Town Clerk.
Seconded by Mr. THOMAS.
Mr. WM./FORD said he had the honour of appearing
as Mr. Vertue's solicitor; but If be bad not done so he
should lie., moved that the Town
.Clerk not having
shown that Capt. Cost:intim legally entitled to take these
toll., he should not be authorised at present to cam-
meal. litigation. But inasmuch es he had appeared
In the matter it might appear WI if he were ,cting in
his own OM ; still he most distinctly stated that in that
wee before the magiatrates, no right was shown on
Cope. Open's behalf. He would support Capt. Omens
in everything he could take under those condition,; he
was going to pay • heavy sum arid thej ought to sup-
port him. Bat in • sours cf law they must sot legally,
and he should be again prepared to maintain that legal
question. U this Oorporation was going to be dragged

tato legal preeredlage, let thew Matted', naderslead
th.a ask.. Kr. Stagg*ll produces more 'Mimeo.--
The Tows Cum : I bad nothing whatever to de
with the Si...

Mr. W LialORD : Holies further evidesoe fa predseedr
we shall not allow the ease to go on the judgment of the
niagistratm, but shall take it to a higher °awl Mr.
Vertue was most willing to hare nompromieed the
matter : be did not consider tmerit liable bet rather
than LA.O • 10t f litigation, he did maker the offer to
oompromie• with Capt. Cosecs. I should be very glad
to meet tome oce for thc c%ptt in, and try If the luaidon
cannot be Rattled without a lot of I.tigatton.
Mr. A LDIRMAII }lf .w•au W. hare always gine
Capt. Comas a oeytaiu amount of license.
The MaTOll then pat the nso!ution, that the quo.
Con of the toile be litigetori by Mos Council. He mired
them to adopt this neo'.ution, became they would lose
self-respect, if they did cot sivo the Town Clark
authority to back up hie own opinion.
Mr. Thomas : Would it be poesible to get CAPR
Cosmos to throw lip the lease, and grant him soother
.

Gnosis utderstood the steamboat Aid hut nothing
to o with it; it lima • cluestion of law.
The TOWN Cuum saul te itiestion woe whether the
Attic liable hi pay the tolla.
Mr. Ifuwaa• repeated that the Council bad always
met Capt. Ciewits fain,, but it was not fair that •
little boat like the Aid should pay al mach as. • largo
steamer. . _

Mr. tt : Did the Town Clerk icy there was ohly
two staffing. difference between Mr. Vertu* and Capt.
Comma? 1 should say the Mayor and the Towh Clark
ought to meet them and try to arrange the matter.
It is something frightful to go iuto a court ef law.
Mr. WlLfi/oRD said the Tow. Clerk undertakes to
enforce the tolls; but will he guarantee to the town
Ito expenses that mint be Moaned I
The Matron said that when their Town Clerk rye be
can enforce the.. harbour dues, out cf eelf-reped
they ought not to queetlon the law of their own officer,
nor to limmtion the validity of his documents. Wr
there any amendment?
Mr. Vimetroan : 1 mows no amendment.
The resolution wee carried new, con.

Zr. VUICiNT Said now they bed puled that moieties
could not they Lave • meeting In private, and try to
&more.
Mr. HOWARD proposed the Maya,, Mr. Vlareat„ Mr.
Weleterd. • _ _ .

Mr. WIIMIORD and the Town 01..E11r pre farther
a:planation., and after some jocular remarks from Yr.
HOmARD W(1 Mr. THOM"
The NAVAL cordiAlly endorsed what had fallen from
Mr Vinsest, act! *Could Vac Lapp, to oaks one, NM
the resolution had beat pared. to effect an asulielele
arrengerui ut.
The °ousel! &operated after having sat three Imre
sod a hat.