The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1868-12-22 00:00:00


PORTLAND LOCAL BOARD.

This bosly appear likely to be forced into • serious Lad
uncertain lawsuit with the Crown authorities. The
great meeting of the commoner', on the subject of the
attempted absorption of their rigete by the Crown. will
be recollected by our readers, and it will be remembered
that the Local Board, baring done all in their power to
bring to the notice of the 00111010001,1 how the Crown
was invading the rights and pc triages they have enjoyed
from time immemorial, felt that it rather rooted with
the commoners than with them a" • board to defend
their righte. We souk of course of the majority of the
Board, for there were, and are still, some who cannot
sever their corporate responsibilities from their invideal
privileges, and who feared that, as they themselves
actual, are some of the commoners, their participation
In any yielding to the Crown by the Board, would be
ceding those right.. Still the majority agreed with the
careful counsel of their legal adviser, B. N. Howard,
Keg, and consented to pay the £5 demanded by the
Woods and Forests' office so royalty for the rubble
taken from lands near the Bill. But this moderate
course appears to be flouted by the Crown authorities,
who, strong in the power of a long parse, have rejected
the 25 paid and persist in their demand that the Board
shall state that they claim no right on the land, and will
not take any more stone without permission. We would
fain hope that • misapprehension of the facts
the case may have been the cause of this apparently
high•banded proceeding, and that the nioderate and
most practical suggestion of Mr. B. Collins, that a
Commisioner or receiver be sent down to enquire on the
spot, may be the means of showing the Woods and
Forests that the rights of the men of Portland are mo
pseuliar and valuable that they ought not to be inter-
fered with, and also that the Local Board ought not to
be harassed into so invidious • nouns on the going to
law, necessitating a very great expenditure, and running
the risk of their beim., even in victory, undone.
On Friday • special meeting was convened at the
Local Board case, when the following letter from the
Crown authorities was read
of Woods, Bth December, 186 d.
"The AUnniey•Chneral v. Ott Portland Local Board.
"lie., gir,--fhave received your letter of yesterday ; but ea
you have not signed and monied the form .1 undertaking
which accompanied mv letter of the leth ult. and Ma 00
state that the Local Board WI for an indemnity ogaloci
proceedings by the Comm ,nera, I ant underthe named', .1
returning, and there Is herewith endowed, your cheque for

-7'7lse proopeding• are taken on behalf of the Crown only, and
such indent ilty as you refer to cminot, therefore, with pr.
priety be given
"If the undertaking, duly signed, and the ZS, am sent,
unconditionally , within the time linti•eil for the defereiaille
tu appear, any further proceedinze will be uonecesaty, other.
Wias au appearance should be cutered to the writ.
'1 am, dear Sir,
" Y•oir,
" R. N. Howard, Eau."

The meeting reeognised the full importance of the
situation, and adjourned till next day. On Saturday
there were present—Hems. B. &riven, (chairman) B.
C,ollins, W. Gibbs, E. Pearce, S. Pearee,ll. B. &riven,
T. Gibbs, C. Mitchell, J. Hodder, K. Flew, and A.
&riven. with R. N. Howard, Esq., clerk.

A strong feeling mas manifested in the Board against
singing the undertaking detuandediby, the Woods and
Forest °Blom. _ . _

The Cnaak suggeeted that they mlghtudeely promine
that no material would be taken from Crown lands, as
they did not claim any tight over that, and that no
gravel would be taken from Start till it was decided
whether it was Crown or commsnalde land.
Mr. GIBBS contended that the Crown could claim no
undertaking. The Board, aa a Highway Board, could
take material from any lend, only paying for damage
and a small sum. Ile also contended that, themselves
being adinioners, they could not sign the tundertaking
without abandoning the rights; but
The CLIIRIC showed how where the Town Council
was the Local Board, the latter had to pay the tomer
for use of land, eta, belonging to the Corpora.
lion, out of one pocket into another as it were, so what
they had as a Local Board would not sacriece their
rights as commoners.
Mr. llonnee said that when he took the Crown land
and occupied • large treat, there was a little disturbance
about his sheep, and the people told him there ens not
so touch by urea and acres belonging to the Crown, and
there were only Pta. sp. theirs. He ploughed two
furrows round it, and it could be plainly seen that the
land in question wan far from the Crown land. Even
before he took it there were the old boundary stone..
The CLIME beloved the question of these constant
demands made by the Woods and Forests wan partial.
lerly ripe for discussion in the House.
Mr. GIBBB thought they could not expect the new
Parliament to legislate for them, and if they ordered an
Investigation who wee to pay for it? It seemed that
nothing more favourable to the Crown claims could have
been done. The War Department and the Highway
Board had acknowledged their tights, and now they
wanted the Load Board to do the same. With all
deference to Mr. Howard's advice, he would like to
have some higher opinion. It was • matter of vital
Importance to the island, for not many month, ego they
saw advertised for sale a quantity of stone worked by
the convicts. The Government wanted to mete the
Convict Establishments pay, and if they could get
possessien of these lands, the convicts would be set to
work the stone, and then of what value would be free
labour? If the Government succeeded, ultimately
Portland would he nothing bat • penal settlement.
In answer to enquiries, the cczaz supposed they
might be involved in L'2oo or £2OO costs. To meet this
they might make • rate, which could, however, be
questioned upon appeal.
Some gentlemen enquired whether they could borrow
the amount from the 1.1,000 invested in the Bank from
the lake arbitration award; but the Clerk stated that
the trustees might be personally liable for misapplication
of the money. There was • great deal of difficulty about
the division of the amount awarded, an it was not settled
among whom it should be divided.
Mr. A. &emu said the Crown's claim affected
every tradesman in the island. lithe Crown succeeded
every poor man would be obliged to emigrate, and they
would all have to go to America.
The CLERIC read over the undertaking as altered,
pledging the Board not to take any more material till it
was decided whether Sturt was Crown or commonable
land, and calling attention to the presentment of the
manor comet and Crown survey of the commonable
land'.

Mr. A. ticarvur mild it wu drawn op in a milk-and-
water way, and be would rather to on the treadmill on
broad and water for sir months than sign it. All that
the Woods and Forests had said was a complete fabri•
cation at falsehoods.

Boma oonversatioo took plus as to the likelihood of
any rats to defend an action being appealed against, and
Mr. Mitctifil.h believed the groat stone agents would
not pay to it.
The CllelllNAN read a letter from Captain Brown, in
whioh he said he hoped the ratepayers would not 0017114111,
the rights of the Crown, nolo.' they had the very
highest legal authority, for such • lawsuit might cost
them more than a year's rent.
Mr. B. COLLINS believed the Crown authorities were
In error as to the place the stone was taken from, and
proposed that the Clerk he instructed to write to the
Commissioners of Woods and Forest., deeply regretting
the misunderstand expressing the wish of the
to avoid law hap, stating that they had not
broken the sod, but 'only removed rubble from land to
which its removal would be an Aetna benefit, and
humbly soliciting that a surveyor or receiver
to mititi;
sent down investigate the matter, when the
believed the dispute could be easily arranged without
the wetly expense of a trial in tie, Court of Exchequer.
Mr. A. Enamor could draw up • resolution that
would put it right In a moment. Tell them the truth,
they only wanted the plain truth, and they would see
whether they were wny informed or net. It wu no
to use draw up anything at all. It WY no use
humbugging the Board, all they wanted was to state
facts. 'The Crown's wanting the undertaking was like •
man refusing to accept from another the amount of his
debt, hot demanding all he bad. Wlll7l they to consider
three or four rich gentlemen who had their ten. of
thousands of pomade, and for the sake of their *try
hundred was all Portland to be ruined for ever?
It we. ultimately agreed that, during the 141 days
allowed Mr. Howard to plead, the whole matter, con-
taining the Information, the Queen's grant, the present-
ment& of the courts, eta„ should be laid before *ones
eminent counsel for his opinion, and in the meantime
• letter should be written to the Woods and Fore Ats
embodying Mr. Collins's suggestion asking for an
investigation.,

I MSS stated that oounsers opinion would not cost
more than £2O, and Mr. GIBBS intimated that the
board could raise that, u they had before.
The peculiar nature of the rights in Portland was
the subject of oonversation, it being rare that common
rights are found aide by side with crown rights on
manor; but none of the gentlemen present seemed to
be able to tell when thaw) rights arose or were deb ,ned
all the presentments having stated that they existed
"from time Immemorial."
The meeting then dinielvel,

BLANDFORD COUNTY COUR r, TIMM ti

Before T. E. I'. Lefroy, E.q.
Edward Dermal, botcher, formerly an inkeeper and
and hutch, r at Shaftesbury, now resoling at. Bri.l•
fords • bankrup', eame up for last examination and
order of diacharge, supported by Mr. Atkins ; Mr.
Plonks, of Ma-thorns.. oopeeel, on behalf of Mr. Genes.
The 11..bilitie. were £2641. assets between £4O and ESO.
on etioninntion by Mr. Efoi•ke, bankrupt mid that in
Octob ir, 1867. he was indebted ti the Natiooal
Provincial Boob El 70,and to Messrs. Jennings, brewers,
E 143 odd. For these sumo Lis three brothers%in-law,
U.her. Bell, and Seymour, were sureties. Hie effects
were valued to his brother•ie•in.law, Hobert Seymour,
at £331 6a, and he had £lB left to keep his wife and
famil v. Be went to live et theism Mary. In Sere
end 0 stober before he gave lip business he bought £l9
worth of stock of Joseph Baker, 49 Bs, worth of Jo epic
Laerence. 1:42 worth of Cornelius Hunt, £44 18s.
worth in October of John Hunt, and is We. north
of Miles. Did not pay for them. Did not
keep any books re meeting thaw transaction.. Had no
cash book. Did not &glee ts pay Mr. Miles on the
. following Saturday. The cattle were stopped on the
way to !tummy ui.rket where they were being driven
by his orders.. Was not discovered by Mr. Miles
secreted in Winoombe wood the mine evening as the
settle were driven away. Was there on his way to
obtain another pane to bring the cattle home as • bother
we. made nbout their being sent away. Sew Mr.
Miles and told him if be liked he conld go to Homey
and ace time sold. Could not say if they were all sold.
Not one farthing of what the beasts sold for came to him.
In reply to a question whether when he bought
the beasts he did not tell Mr. Miles he bought them to
ili.jesee of in his trade ma butcher? A flee souse hesitat-
ing the bankrupt replied that be did Out give soy reason
for what he purchased them. When the effects were
valued to his brother-in-law Seymour, he gave up
business and Seymour entered immediately. Never
made any entry in any book or kept any memorandums
of the money be took. No part of the amount realised
by the sale of the £l7O of stock he purchased wee
inclu.'ed in the valuation. In reply to his solicitor (Mr.
Atkinson) Bennett said that he was premed by Messrs.
Borrilge, and Co., and that part of the money was
receives! by them. ESO paid into the Banks and that Mr.
Genge received £23. The stook which he purobsacd of
Miles and others be sent to Itouisey for the purpose of ;
sale. That steak was taken fri rn him and sold by the ,
owner'. Ile was not going to Winoemb to get no order I
to take the stock to Rosnaey but to get one to bring it
beck and give it up to the owners when be saw Mr.
Mules. He iota Mr. Miles he could go himself and see
his besa's sold it he liked, and take lb. money. Did
setae* either Me. Leer...ea or Mr. Jefferies. The mere
of his giving up was because he was premed
by Mr. Berridge for money for a man
named Halpin, at Marnbull.—Mr. Rooks stated that
his objections to the bisnkrupt's passing his examination
were—fraudulent transaction a land not keeping and
producing proper books of account, especially his tank
book. His Honour adjourned the examination till the
next court, and ordered that the bankrupt abonl.l
gaminess • statement of his account, for the last six
months be was in business. and also produce either his
bank book, or &certified copy of his banking transactions.
Elizabeth Foot v. Henry Ann.—Both pastes reside
at Child Okeford.—The claim was £l9 7.51. balance of
account for bread ani grocery goods. —Defendant pleaded
payment, but he had no receipt. or any evidence to
support his defeeee.—Judgment for the whole amount
at CS per mentb.
Jolts Baker v. Vona Gorey. Claim £2, for
examining six years' account —Plaintiff was formerly a
mboolmaster, but has lately been employed as. gentle-
man's servant—lb. claim was disputed on the ground
that the debt we. owing by defendant's eon-in-law, and
also that the sum paid (LI) of the original claim (E 5
was sudiaient.—Judgment for the defendant.