The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1868-12-29 00:00:00

LOCAL BOLILD.

A moiling of the Board was hold to Saterdey, to
tab into 000aideration the pn.s.t position of the
cownion shoat tibe rabble en from the land near
as Rill. It will be own that the opinion orthe °Damsel
Is istandly Mahan the Board defending tbegovernewst
ectioo, while the Woods sad Forests have &alined
farther ievestlialoo. There were present :—Mr. B.
Striven, (ahannan), lit. Seriven, Mr. R. Pearce,
Mr. B. Collins, Mr. S. Piens, Mr. J. Hodder, Mr. B.
Stone, and Mr. W. Oibba

T 66 CEADUILII raid ilt• follow's' :
of Woods, 15tb Doodenbor, 188
" The Attemei aelverei v. TA. Poriland Local Board.

" Dear Si..—" I have received, and ham oubmitthi to Mr.
Oars, your leder of yesterday, and I am Instructed by him to
lert to It.
to Kr. Gore that the Local Board should hsar lamindthPir; It
the Surveyor al Highways was fonnerly in the
habit of paying to the Broom • royalty an gravel taken from
the land In que.tiou,and that It has only been ethos the transfer
of that dame. duties to the Lood Board that • dans he, been
set up of • right I. tab. the gravel free of any payment.
"Mr. Gore recognises the duty of the Local Board to
the latenthe of their constituent., the ratep.yer., but =
less his duty to protect the Interest. of the public revenue
under hie charge And It 1. 1. order to escurethres interest, that
the proceedings in queetion win neemsary to be taken.
" It appear. to Yr. Gonthat the lacal Board an under • ml..
appreheuelon If they 'appose that the aoU and &globoid of 03113-
salable had within, and parcel of, the manor Portland,
Is not vested la Her Ifidearisa lady of the manor subject to
ouch commonable or other to, as ma by Ito exist thereover,
and Hr. Gore Qom:elms that which they starer.
their oilllnguam to din might in law have • very dlgarent
Interpretation to that which lie Loud Board may put upco
And inasmuch to Mr. Goss has already mused local enquiry
into therms to be made, it does not seem to him that any benefit
wouldroeult from incurring the exfones of • further invert*.

"In answer to • quedlod whether a tonnage is demanded
on therrossad that assisted from which the gravel was taken was
(drown land,or if thetas/de wouldbe daknedil the gravel bad been
taken onto( common land, I have to date that the proceedings
adopted have not been taker to recover any Axed toning', but to
maintain the tale of Use Crown, and to recover damages for an
Intruvion nod deepen by the defendants. The lame form ol
would have bon 'adopted whether the land were
reensaling land nstdect to sighted comma, or Crown land not
eubdoct to those rigida.
"It seems only worry to add that If UN Load Board now
intend to claim • right, not claimed by their predecanor,.tin
Surveyor of Mahan" It will be ansanary for them to plead to
the Information *Rhin the time llns lied for the purpose.
"I ens.dtar dr, yours truly,
HORACE WATSON.
" R. E. Howard, Esq.,
" Clerk to the Portland Local Board, Weymouth."

The Came submitted by Mr. Howard stated in effect
that "Is the Island of Portland In the oonnty of Dorset
there are certain valuable Quarries for Stone, and Lands
belonging, some to private individuals, others to what
ii oalhid the Queen's land or Crown land, and others
called Common Lead, or land belonging to the Com-
moners, and of nob Island of Portland the sovereign for
the time being to the Lord or Lady of tbellanor.
The etirface of some of the land is not valuable, but
the stone underneath is, and the ooiseequenee is that
some land r:maina unused. At the same time it is
known aa commonable land, or land belonging to the
commoners, and all stone exported from the commons
or commonable land pays la per ton royalty. Ad. of
'Mob goes to the commoners, and 6d. to the sovereign
for the time being, as lord or lady of the manor; and by
ancient grants, and by one from her present Majesty,
there is granted back 3d. out of such 6d, which makes
her Majesty to receive 3d., and the commoners Sd., and
this money is paid tl three trustees appointed under
ouchoteArant, who dietribote it in certain chanties con-
with nested the Wood.

Twit* every year :here is a export held; the Steward
ot the MINIM presides, and a jury of commoners make
their presentment., one of which im sent herewith, and
on looking at pap 3 you will observe what rights the
tenants% have.

Now la order to get stone out, the rubble or rubbish
has to be removed from the surface, and in south laads
among.% the ruttish sad rubble there has been a Roe.
tity of good ilia stones. found very useful in repsuing
highways. al a rule, the rubbish or rubble is thrown
into the sea, and no doubt that would hare happened to
this, had it nci bona useful for the purpose before men.
Waned.

Tb. Local board sent their servants, and moved from
land which tley emuidered commoneble, these refuse
filets, and used them to repair the highway, upon which
her Majesty'siCommissioners of Woods and Forests sent
down a elaimfor tonnage. amounting to not quite £5.
The Local Buird considered that if they paid that money
they would Is !admitting the rights of the Crown. and
that the lend would be Crown land for the future.
Therefore, tht board objected to do what wee required
of them, immediately on which they were raved with.
writ, and an 'formation has been filed against them,
the soda of ddendiug which will be very heavy, end
the Lori Board regret being involved in such • heavy
They are adrized beside that they have no right to
defend such at action, and if they did and lost, they
would not be allowed to charge it on the rate.
They ere ales advised that if they pay the money and
sign the nedereking, which her Majesty's Woods and
Forest. welt Wow to do, they would in no we bar the
rights of the commoners, who could take proceedings at '
any time; bet to this point they are in greet doubt.
They ere alio advised that they are in the same
position as • Highway Board, end can go on land, and
take gravel, and simply Fey the value of it, and that is
all they are called on to do, and that they are willing
to do in this induce, leaving the commoners end the
Crown to fight the question out.
Be good eswigh he advise gensrelly about the Board."
Mr. Trevelytn's opinion waa as follows :
"I do not their that the Local Baird can successfully
defend the:wakes against this information.
The ownership of the soil of the common lain the
Crown, and commoners have merely the right to turn
their cattle on the common, and to receive their pro-
portion of the rcy•lty for the damage that is dens to
the berbsge by Nit dipiog for the stone.
It is true that ba Load Board are surveyors of the
highways and invested with their rights, one of those
rights (we 51 sea of sth and 6th of Wm. 4th, c. 50)
being to take atonic from waste land or common ground.
But this statute foes not bind the Crown, as it is not
specially named Amin. This is clearly shown by the
machinery provide 4 at the end of that section, which
on have no applimmkton to the war of the Crown.
Some nettlwatent should become to with the "Wood.
and Forage." sad there is no **Won to the mode
'ingested, which cannot prejtuike the rights of the

WAyrza B. TILTIZYLS,
3, Paper Buildings,
17th Dee., 1810. Temple."
The CILUILIUJI thought that asking the opinion of
their Clerk, and that of Mr. Trevelyso (whose opinion
and advice amounted to the same as that given by
their Clerk), it would be madness on the part of
the Board to defend the proatedings of the Government.
Mr. A. SCRIVII considered that if they signed the
undertakisg, it would be giving up al/ right to the land.
The opinion furnished them was simply the opinion of

on. MALL
Mr. B. PRAIICIE did not like the idea of signing the
undertaking, but at the same time he could noLti2
himself to consent for law promiedinp to be still
on by the Board.
It was proposed by Mr. B. Source, seconded by Mr.
B. COLLINS' "That the undertaking required by the
Commissioners of Wads and Facets be signed, and a
cheque sent for f 5."
r. 011113 said Ant, after the Board bad really
opened the question, unbar they ears unanimous In
carrying it out sa commoners. he begged to tender his
resignation. He then left the room. dome little geom.
lion was reseed by the quickness with which Captain
Gibbs announced his determination.
La amendment to the °linkman's resolution wit
moved by Mr. A. Bciuvis seconded by Mr. SIMON
Pgance, "That the sndertaitintte not signed, nor the
Usent, but that the Clerk, on ball of the Board, be
isaissated to defend the proceedings taken by the
Government."
On a division there sppeared for
TEI AMINDMINT. FROPOIITION.
Mr. A. Bodeen. Mr. B. fieriven.
Mr. Simon Pearce Mr. B. Collins,
Mr. J. Hodder.
_ _

Means. Gibbs, R. Potreo, Ind sTit.,;;.,--iilirid, vote.
Before the meeting dosed, the CHOluilaii gave notiee
titst 4 the out meeting be wished the Board to take
into aossidenetioe the best way for themselves and the
1100111060011 gewerally to defied their rights.

Hr. B. LLIIO his requested as to bird the following
letter r.spsMlug the amount paid by the Dorchester
H4kway Board, for shingle taken from near the
Bill :
Dorchester Highway Board, District Surveyor's
Ores, Radicals, Des. 141 h, 1868.
To 14r. B. Lana Portland, Dorset.
Der Sir, —Xi attrition has been gilled to the hist
meeting al the Portland Local Board, and I am at a tor
to know bow tbe urn ef £721. arrived at. stated to have
been paid by the Highway Board for shingle taken from
the 8111. I AM the only amount' I paid were
C id.
1865 17 8 9
1866 5 2 11
1867 3 2 9

Total 19 14 0

Mr. Berlins also dates that U ao Ikon. hid bee.
asked foe, the Commiasionere would Dot have asked thou
to pay for the Weight. But the Highway Board took •
quantity of thistle without • lionise, and were stopped
he the *ethos* at the Ocisemissiosiers of Woods and
Foist* whim the Oast to the Board stated that in
hie opision it was wasmaa to obtain • liesose.—Truly
yaw,

CHARLES INVY.

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