The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1859-07-26 00:00:00

SPECIAL ADJOURNED QUARTER
SESSIONS.
THE FORSTON ASYLUM.

Yesterday (Monday) afternoon a Court of Quarter
Sessions, adjourned from Midsummer for the special pur•
pose of considering the County Lunatic Asylum question,
WU held in the Grand Jury room, ShirehalL At two
o'clock the Bev. H. F. Yeatinan, LL.B., Chairman,
opened the business by requesting the Clerk of the Peace
to read the notices of motions to be brought forward at
this meeting. The attendance of Justices was not
large.

Mr. FLOYER said it would be in the recollection of the
Court that the Visitors of the County Lunatic Asylum
at the last Sessions proposed a plan for providing for the
pauper lunatics of this county. The Visitors, Mr.
Floyer thought, had not much reason to vary the views
which he as their organ then enunciated. He still
thought the best mode of providing accommodation was
by budding in accordance with the plans of Mr. Ken-
dall. There was, perhaps, reason to entertain doubt as
to the goodness of the site proposed, inasmuch as the
Surveyor to the Commissioners in Lunacy had pre-
sented to those Commissioners his opinion, which was
adverse to the site at 'Torsion, the objections almost
ertirely depending on the somewhat rapid slope of the
ground. The Visitors' plan they yet believed to be one
fairly meeting the requirements of the Court, under the
two contingencies of the approbation of the
Commissioners in Lunacy, and the question of the
title of Mr. Devenish, as regards that gentleman's power
to convey the land to the county. The way haring been
paved by obtaining Mr. Kendall's plans, and estimates
for building, the Visitors, immediately after the last
Sessions, laid Mr. Devenish's title before competent
persons and asked an opinion thereon. The opinion of
Sir Hugh Cairns, • gentleman at the bead of his proles-
non, and Solicitor-General under the late Government,
was taken, and was as follows :—"I am not awmfb of any
judicial determination with reference to the power of a
tenant for life, whose estate is subjected to a clause of
forfeiture such as occurs in the present case, to sell
under the non-compulsory clauses of the Lands' Clauses
Consolidation Act. In the absence of any express
determination on the subject. I am inclined to the
opinion that the effect of the clause of forfeiture cannot
be got rid of by anything short of • compulsory taking
I of the land, and that a conveyance founded on an agree-
ment with the tenant for life would not be valid. I
think the tenant for life is bound not to exercise any
power of alienation inherent in or attached by statute
to his life estate, and that if be does exercise it the for-
feiture will take effect. The question must, in my
opinion, be answered in the negative." Mr. Floyer said
he could not propose the adoption by the Court of the
resolutions he had pven notice of; could not request
the Court to enter into • contract with Mr. Devenish
for the sale of land, after such an opinion; and was not
disposed to propose to apply to Parliament for an Act
to enable the Court to take the land under the compul-
sory power given by an authorizing Act of Parliament.
In addition, Mr. Devenish's solicitors took the opinion of
an eminent legal authority, which opinion entirely coin-
cided with that of Sir H. M. Cairns, the opinion
doubting whether if the county of Dorset were to apply to
Parliament, Parliament would grant an Act unless upon
the very strongest grounds beingshown to the legislature
for passing an Act to override so strictly worded a limita-
tion as that of Mr. Devenish. These opinions Mr.
Floyer fancied sufficient to dissuade him from inviting
the Court to purchase land from Mr. Devenish, and hedid
not think the Court would be justified in deciding on
an application to Parliament. Besides, the Visitors had
the Report of Mr. Rawlinson, the Surveyor to the Com-
missioners in Lunacy upon the site the Visitors
proposed to build on. That functionary's objection
was mainly confined to the steep incline upon which the
Asylum would have to be placed. He (Mr. Floyer,)
however, thought the site in question the least objec-
tionable of any submitted to the Visitors. Tbe
Surveyor likewise thought the land of inferior quality,
considering the price. The amount involved in levelling
would, of course, depend on whether the courts and
yards should be made level. As to the course to be
pursued, Mr. Floyer held that it would be better to let
the contradictory and various resolutions on the Lunatic
Asylum question remain until the Visitors could lays
complete scheme before the Court. He therefore pro-
posed to withdraw the notices standing upon the paper,
and to let the Visitors make one more effort for obtain-
ing a new and proper site for • new asylum, considering
the improved position the Counnittee were in, now that
they had a plan for building an Asylum at • moderate
cost. With such difficulties staring them in the face,
the Committee thought the proposed contract must be
abandoned.

The Rev. J. A. TEMPLER regretted that Forstcm, with
its many advantages, would have to be given up as a
building site. A new site must be sought. Mr. Manfield
had some thne ago offered about 60 or 70 mires of land,
at Winterbourne, which it might be well now to look
after.

PORCHICR mid the proposition of Mr. blanfleld
had been fully considered, and it leas found impossible
to entertain it.

Mr. RUNNEL said the Court could enlarge the old
asylum or build on a new nte. The large and small
landed proprietors of this county had been appealed to
for land, but none had come forward. The Court
might, however, if unable to purchase a sufficient
quantity, rent the requisite land.
The CHAIRMAN remarked that the circumstances
under which the Court met were not of that promising
character which Justices fondly hoped for when last
taking lerve of each other at the Midsummer Sessions.
He coincided with the opinion of Mr. Royer as to with.
drawing the notices, after the statement made. The
Chairman went over the history of the asylum question,
citing the various resolutions pared by Board.
Mr. FLOTER mid, if permitted, the Visitors would
make one more effort before October, to obtain • good
site for an asylani.
The CHAIRMAN added that if the resolutions of
which notice had been given were withdrawn the
business of the adjourned Bowdon. was concluded. If
the Court were to embark their little venal In the
Stormy month of October be only hoped they would
arrive on the opposite shore safely.
The Court then rose.