The Abergavenny Mail

NEWENT. GUARDIANS AND RURAL COUNCIL.-Mr T H Hulls presided over the fortnightly meeting of the Board of Guardians on Tuesday. The Board acknowledge the following gifts :—Tea, sugar, sweets, cake, and tobaoco from Mrs Grafton tea, sugar, cake, sweets, and tobacco from Mrs Thackwell papers and periodicals from Mrs Beechey, Mrs Thackwell, Miss Newbury, Miss Dyke, Messrs Cook and Sons. The Master reported the number of inmates as 55, against 65 for the same period last year tramps relieved during the fortnight 185, as against 205 and 237 the two previous years. Messrs. Arthur Clark's tender for galvanised buckets in two sizes at 138 and 15s per dozen was accepted. Major Thackwell (Chairman), who through illness has not been able to attend the meetings recently, wrote expressing regret that owing to his stubborn illness he had not been able to be downstairs; no doubt whenever ho could his medical adviser would order him away for a change. The Board would remember that in October last he reminded them that he would not accept the chairmanship again he now thanked them for the honour they had done him in electing him for the past three years, and for the kind co-operation in all matters, also Mr C Tunnicliff (Clerk) for the assistance he had rendered him. The Clerk was instructed to express again the Board's sympathy with Major Thackwell, while they were pleased to know that he was making recovery. The Clerk was also instructed to express deep regret at his resignation as Chairman of the Board. The Rev C Whatley, Rev B K Foster, and Mr C Cloke were deputed as delegates to attend the meeting of the Gloucester Poor Lw Association on the Mental Deficiency Bill. The Clerk was instructed to proceed to fill the vacancy by election if necessary of a councillor for Gorsley, in succession to the late Rev Robert Burnard. The suggestion of stopping certain roads in, Redmarley against traction engine traffic was ordered to .stand over. Gloucester County Council wrote re Newent sewage disposal works. and pointed out that purification of matter was necessary before it was allowed to run into the stream. This was referred to Newent Water Committee. The War Office wrote stating that compensation officers were appointed to consider any damage that may be done during the forth- coming Army manoeuvres. Rudford Parish Council wrote thanking the Council for erecting a finger-post at Tibberton. Mr V C Cloke was granted permission to break up the Council's road at Highleadon to lay water pipes across his farm, to be done to the satisfaction of the Council's Surveyor. Mr E Wood, Inspector of Nuisances and Sanitary Inspector, made his monthly statement, which was of a satisfactory BttUOi <■ j f. Ii-

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DYMOCK SEXTON'S ACTION. I "An Office for Life. I An ex-parte motion by George Brook, formerly sexton at the village of Dymock, near Ledbury, who complained that he had been expelled from his office, was heard in the King's Bench Divisional Court on Tuesday, by Justices Darling and Rowlatt. Mr Hardy, on behalf of the applicant, asked for a rule nisi for mandamus directing the vicar and churchwardens of the parish to restore the sexton to his office. Brook was appointed 25 years ago. He had performed the customary duties of sexton, receiving salary and fees on marriages and burials. Last May the churchwardens purported ao dismiss him, and at the end of December he was informed that his services were no longer required. Under protest he handed over the keys of the church. This parish, counsel said, was an ancient one, and he submitted that the sexton's office was a freehold and an office for life. Mr Justice Darling Do you say that the office of sexton is always a freehold office, and not only in this particular place ? Counsel: In an ancient parish it is a free- hold. Mr Justice Darling How old must a parish be, and h",v old the sexton ? (Laughter.) Counse. I am told it must be a very old parish. Mr Justice Rowlatt: An ancient parish is one the age of which you do not know. Their Lordships granted the rule asked for.

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DYMOCK. I THE LATE CANON HO-RTON.—Un bunday last at morning and evening service the Rev S Marston, vicar, before commencing his sermon, made touching reference to the death of Canon Horton, who was Vicar of Dymock for nearly thirty years, and pointed out in how many different ways the chureh had been adorned and beautified during hia incumbency. He spoke of the fact that thirty of the best years of the Canon's life had been spent for the people of Dymock, and that he had laboured amongst them till he was obliged to give up. Chopin's Funeral March was played at the close of the morning service, the" Dead March in Saul" being given in the evening. The congregation remained standing as a last tribute to their departed friend. PROPOSED MBMORIAL.—A movement is on foot to provide in the church a suitable memorial to the late Canon, and with that end in view the Vicar and Churchwardens called a meeting of parishioners on Wednesday last, in the Vicar's Room. The hour chosen was rather early and only a few were present. The Vicar presided and stated the object of the meeting. Messrs G L Acworth, Bartlett, James and others sent apologies for non-attendance, but expressed sympathy with the object of the meeting and a willingness to subscribe. It was felt by all present that a memorial of some kind should be arranged for, but the meeting was adjourned till April 15, at 7.30, in the hope of securing a better attendance, that being the date fixed for the Easter Vestry. A resolution expressing sympathy with the widow and family was passed. A vote of thanks to the Vicar for the use of the room and for presiding concluded the meeting. DAFFODIL LAND.—A writer in the Mark Lane Express says Daffodils are again coming out round Dymock—a tract of land on the borders of Gloucester and Worcester that is famous for them. The daffodils grow everywhere in the fields, woods, and hedgerows, and the land in places is a veritable bed of golden yellow flowers. Thousands of bunches of flowers are picked and sent away, but they are never missed, for as many seem to remain, and while the display is on the district is over-run with itinerant flower pickers. We question if there is any other area in the country quite the 81.me as this for daffd.

EXTRAORDINARY TRAFFIC ACTION. I I Lady Henry Somerset Sued by the Ledbury Rural Distriot Counoil. I Traffic from Holly Bush Quarry. At the Birmingham Assizes on Monday, before Mr Justice Lush, an action was brought against Lady Henry Somerset-, by the Ledbury Rural District Council, who claimed damages on account of extraordinary traffic on the Holly Bush Road, Ledbury. Mr Arthur Powell, K.C., and Mr H G Farrant (instructed by Messrs Russell and Co., Ledbu i y) were for the plaintiffs, and Mr Charles, K.C., and Mr J G Hurst I (instructed by Messrs Joynson Hicks and Co., of London, and Mr C E Lilley, of Ledbury) were for the defendants. Mr Powell, opening the case for the plaintiffs, said the altion was brought to recover £1.232 in respect of damages, but in view of certain circumstances which had since come to light, the amount would have to be reduced. The road in question was part of the main road from Led- bury to Tewkesbury, and was known as the Eastnor-road. Lady Henry Somerset was owner of a quarry which was situate just on the border line of the two counties, Worcestershire and Herefordshire. The quarry had been worked for about fifty or sixty years, and was known as the Holly Bush Quarry. It had, how- ever, only been working for local requirements until the past year or two, and up to that time summer traffic had been used. In 1910 Mr Rowden came into the district to act as agent to the defendant, and soon bethought himself that the stone was of marketable value. Accordingly in 1911, extra plant was put into the quarry and the stone was advertised as being for sale to anybody who chose to buy it, whatever the distance might be. The traffic from the quarry to Ledbury station was on April 24, 1911, and since that time there bad been an increasing traffic in stone over the road. The issue in the case was whether the traffic was extraordinary or of excessive weight. Mr Charles's contention was that the traffic was not extraordinary, inasmuch as the road had been used for this traffic for many years. The defendant, he said, was a legitimate user of the road, the traffic being rendered necessary by a legitimate industry of the neighbourhood. Another issue which his lordship would have to; decide would be as to the damage itself, for the defendant denied that any damage whatever had been done. Counsel added that he would try to prove that traffic which might at first have been extraordinary had multiplied to such an extent and had become so general as to become ordinary traffic, but Mr Powell dis- puted the point that extraordinary traffic could become ordinary by general iisage. Mr Charles asserted that the road had not been kept in proper condition by the Rural District Council. Mr Powell, going into details about the road, said it was one of the best main roads in the country, and the foundations were stronger than those of most country roads. There were no large towns or factories in the neighbourhood. From July 10, 1912, to May 27, 1913, the number of traction engines passing over the road was 382, and there were 405 loaded trucks, whilst the total amount of stone sent for export from the station was 2,184. Mr Charles said he was going to show that not only had this quarry had an output- as an advancing industry of something like 9,000 tons a year since 1865. but since 1886 the stone had been brought off by traction engines. More than that, the pioneer of putting traction engines on this road was the Ledbury Board. He was going to show that apart from the quarry there was a very heavy usage of the road, particularly a heavy timber traffic. Thomas Bailey, stationmaster at Ledbury, gave evidence that from June, 1912, to May, 1913, the quantity of stone carried by the railway, and paid for by the defendant, was 2,184 tons. In reply to Mr Charles, he said a large quantity of stone was taken away from the station by traction engines and carts, by the District Council. TUESDAY'S HEARING. The hearing was resumed on Tuesday, when the first witness was Mr Charles Wentworth Bell, of Bronsil, Eastnor, who stated that the traffic in stone to the station commenced in April, 1911, prior to which one very seldom saw a traction on the road. It was a good road prior bo that, and the traffic from the quarry was very destructive. The road got into a bad condition in the winter of 1912 he had never seen it in such a condition before, and he attributed it entirely to the traffic from the quarry. By Mr Charles When he saw a traction engine on the road he did know who was employing the engine owner. Mr Charles And so far as you know the damage may have been caused by r,raction engines which Mr Rowden did not employ ?—Quite possible. Do you remember the Yeomanry Camp at Eastnor in June, 1912—500 horses, camp equip- ment, &c., going up and down the road put it into a pretty bad condition ?—I canuot say to that I did not take sufficient notice. William Luke Tilley, motor engineer, Ledbury, spoke to using the road for some years in testing motor-cars. He had noticed a flour tractor from Tewkesbury on the road, in addition to the engines with stone. In the summer and autumn of 1912 the road for three hundred yards up from the quarry got into such a bad condition that it was almost impassable. Whilst the camp was at Eastnor the road was quite up to the standard of the other roads in the district. In the autumn of 1912 the crust of the road began to break up badly, and it was not safe to drive a motor-car along it. From that time onward the condition of the road became rapidly worse, and he gave up using it. In 1913 extensive repairs were done to the road. By Mr Charles Mr Gurney, the surveyor to the District Council, bought a traction engine last year and used it to haul stone from Ledbury Station. Mr Charles pointed out that in January, 1913, Mr Gurney reported that despite the season the road was in good condition, although as many as 400 engines had been over it. He (Mr Charles) would be able to show that there was an enormous amount of timber hauling over the road. John Davies, postman, said he cycled over the road daily. Before the traction engine traffic began from the quarry it was a decent road. It deteriorated between 1910 and 1912. In 1913 it became very bad, and thorough repairs had to be executed. By Mr Charles: In 1910 he had to complain he could not keep his scheduled time because the road was so badly kept. He complained again in November, 1911. Recently much larger vehicles had used the road than formerly. Witiness admitted he had seen engines used by many other persons besides Mr Rowden, including one for a roundabout proprietor. There was also a lot of timber hauling on the road. Some of the camp equipment referred to was hauled by tractors. The weather was wet throughout the camp, and the road was in a much worse condition after the camp than before. Some of the hauling was done by heavy teams of four or five horses. E H Hopkins, Royal Oak Hotel, Ledbury, the present Chairman of the Urban Council and a member of the County Council, said the quarry was first used for the tenantry of Eastnor, and to a small degree for the Rural District Council. There was no traction of stones by engines until Mr Rowden came in May, 1909. Up to 1912 the road was up to the usual standard of the main roads of the neigh- bourhood. Then it began to depreciate owing to the stone haulage. Comparing the road now with what it was it could only be described as like a ploughed field. Ronald George Gurney, Surveyor to the Led- bury Urban and Rural District Council, the latter for the past twelve years, said in the early stages of his career the traffic on the Eastnor Road was small as compared with other roads in the locality. Eliminating quarry traffic, the road was not one which required much repair. It would be an occasional occurrence to meet a traction engine on the road except for the quarry traffic. Answering Mr Charles, witness admitted that -the Council had purchased a ten-ton traction engine for hauling stone, but they did not do any between November and April. He agreed that in June and July, 1910, 525 tons of stone were hauled to Donnington Hall at the rate of 28 tons a day. This was not extraordinary traffic, as the stone was foe repairs to an exist- ing road. Questioned by Mr Powell as to the number of traction engines and motor tractors he had seen on the road, witness said it was not quite correct to say they were constantly on the road. His Lordship asked if Lady Henry Somerset's traffic was extraordinary, was not the traffic of others extraordinary also. Mr Powell said that frequency of time of uses must be taken into consideration. His Lordship But here you pick out one of your extraordinary tractors and you would make that one pay the whole of the expenses. His Lordship added if he decided in Mr Powell's favour as to extraordinary traffic he was certainly not going to assess the expenses until he had ascertained whether there were other people sending extraordinary traffic over the road, because Lady Henry Somerset was certainly not liable for damage they did. He though it would be best to take evidence as to extraordinary traffic, and if he held there was such traffic there must be a further enquiry, either here or in London, to assess to the expenses. WEDNESDAY'S HEARING. I Mr Powell recalled Mr R G Gurney, the surveyor to the District Council, who gave figures as to the cost of repairing comparable roads in the district. He also gave the destinations of the general, or non-station, quarry traffic, pointing them out on the ordnance map. There were fifteen purchasers of the non-station stone which, in the year ended May 27, 1913, amounted to 1,626 tons. The whole of that stone went over the whole length of that road, except that supplied for the District Council. Witness was proceeding to give the numbers of the engine?, and trucks employed, and the weights of engines, trucks, and loads, when Mr Charles suggested that they ought also to have the quantity of water and the weight of coal each engine carried. Then, again what was the weight of the engine-driver, and had he had his dinner or had he not ? (Laughter.) Mr Charles also pointed out that if a purchaser lived at Ledbury it did not follow that the stone was hauled to his premises it might go to another place altogether. Witness gave evidence as to traffi,c other than quarry traffic taken between 9.30 a.m. and 12.30 p. m. on March 5 of this year. Mr Charles: If you considered this was a road unfit for traction-engine traffic you could have scheduled it against it ? Witness I do not consider it unfit for occa- sional traction-engine traffic. It is the strongest road in the district. George Hill. a roadman, gave evidence as to the "strange engines which passed along the road over the period in question, and those which hauled from the quarry. William Osborne Thorpe, surveyor and en- gineer to the Mal vern Urban District Council, having given evidence, Mr Pbwell said it was all the evidence he proposed to call on that part of the case. Mr Charles submitted there was no evidence of extraordinary traffic in law in the circum- stances of the case. He thought it necessary he should submit that formally. His Lordship Until I have made up my mind what extraordinary traffic is I cannot be expected to rule. I shall formally hold that there is. I have been thinking whether the words "excessive weight have received your attention ? Mr Powell I could not put forward a parti- cular body of weight and say, That has done it. Mr Charles No, it must be extraordinary traffic or not. His Lordship asked Mr Charles to call evidence as to the "strange" engines which passed over the road. Francis James, of the Somers Arms Hotel, Eastnor, spoke to traffic passing over the road other than the quarry traffic. Up to two years ago there had been all kinds. In the summer large motor char-a-bancs passed over the road twice a week. and they each carried over thirty passengers. During the yeomanry camp of 1912 motor traction was used for hauling the camp equipment, and after the camp the road was very much worse than it was before.—By Mr Powell Heavy furniture vans also passed along the road, and this was not seldom. Mr Charles said he had a number of similar witnesses, but he did not think they would cdorry the matter further. A E Flower, owner of traction engines, said he had done hauling for the District Council, for Lady Henry Somerset, and for many other persons. He produced a statement showing what he had taken over the road since 1911. From April to March, 1911-12 he hauled for all persons 4,550 tons from 1912-13 4,597 tons and from April to May, 1913, 329 tons, making 9,477 tons. In the same period he hauled for Lady Henry Somerset 4,763 tons. There were other hauliers in the neighbourhood, but he did the most. The majority of the haulings consisted of stone. There were quite sixteeen traction engine owners who used this road for the transport of stone and building material, whilst there were also threshing machines. By Mr Powell: Lady Henry Somerset was the best customer he had. A clerk from -E-Astnor estate office was called as to schedules of haulage he had prepared. His Lordship asked Mr Charles to give him the test he should apply in deciding as to ex- traordinary traffic. Mr Charles said his lordship had first of all to say whether there was any industry in the neighbourhood such as stone-quarrying. In the second place he had to find whether the ordinary mode of conveyance from the quarry was by traction-engine. In the third place, the question was whether the method was the ordinary method, that was to say, whether there had been overloading or bad use. If these questions were answered in the affirmative then, in accordance with the case of Wallington v. Hoskins, which had never been reversed, but had been quoted with approval by the Court of Appeal, he could not find in law or in fact that such traffic was extraordinary, even though such traffic-and that was not so in this case-was in excess of the traffic conducted over the road by other people, and even although-and it was not so in this case-it was proved to the satis- faction of the Court that the extra traffic over and above the other traffic on the road before in fact caused the damage. Supposing it was predicted that this was not an industry of the neighbourhood, in that case the test to be looked at was the past history of the road. If the evidence showed that for years past stone had been hauled, even though it were in ever inereasing quantities, because of the develop- ment of the industry from which the traffio had its being, that was not extraordinary traffic. It was an extension of the same traffic, and there was no exception in it. The legitimate form of movement of heavy weights over the roads was used, and the schedules would show there had been an unbroken use since 1866. The defen- dant had been doing what others had been doing for many years, and would continue doing. Referring to cases, counsel pointed out that every local authority must expect traffic to alter in type with the development of the various industries in a particular neighbourhood. Traffic which in one year would be extraordinary might in a comparatively short time become ordinary. If it were found with a view to the communal upkeep of roads that the use by the person sued was a use in common with others who, equally with himself, had a right to use the road, then it could not be said to be extraordinary traffic, even though it were two, three, or four times more. Mr Powell was then heard in reply. He had addressed the Court at some length when his Lordship remarked the case was of great im- portance,to everybody in the country, consider- ing what roads were subjected to to-day. He wished to look carefully into the authorities, as he was most anxious to get a true view of what he thought was a most important principle. He though it would be convenient if he heard Mr Powell in London. He would then look into the authorities before giving his decision. The proceedings were then adjourned to London, on Saturday, at 10 a.m., this concluding the business of the assize.

HUNTING. I WITH THE LEDBURY. J When hounds met at Eastnor on Thursday, the 26th ult., it was plain that chief interest was centred on what was going to happen on the following day. Whilst some were calculating how much better would be their banking account if certain doubles came off; "the staff" to a man were hoping to see one of the horses of our very popular master first past the post. Even the foxes seemed to be affected with some spirit of cussedness, for they ran as though they did not care whether they moved or not, and scent was so wretchedly bad, hounds were unable to force them in any way, and so the day dragged I on, not a single run worth mention being 1 recorded. On Saturday, March 28fch, the fixture was "The Trumpet." After a couple of unsuccesful draws, hounds were put into a small spinney near Putley schools. Immediately reynard was away at the upper end, and turning left-handed through Priggles, crossed the Putley fruit gardens before turning right-handed for the Marcle Hills. Running the ridge, /our pilot appeared to be making for Homme House, as he croseed the Hall End, Hall Court and Hill farms. Just before reaching Bodenham, he doubled sharp back, leaving the Bounds and Gatchapen on the right and crossing Hatsford, pointed again for Priggles. This he skirted, bearing right-handed by the Court for Putley Post Office. Here a sheep dog somewhat marred the hunt, but a forward cast set us going again for Aylton Court, and straight for Ast- wood, passing right through and over the Bargains farm for Wallhills. Here hounds hunted him round as far as Mr Moore's farm, when a fresh fox jumped up, causing a diversion. Batchelor quickly saw the mistake and once again got hounds on the line of his hunted fox but he was not yet done. Another hour gave us a woodland hunt before being rolled over as stiff as a crutch near Baynham's Farm, after standing before hounds from quarter to one to quarter past five. Monday they met at Barber's Bridge. The first fox found in Highnam ran by the Pintam to Tibberton Wood. Here he turned right-handed touching several small spinneys before going on to Churcham and away for Pipers Grove. Another left-handed turn, and straight to a drain from which he was bolted, and hounds coursed him along by the Keeper's cottage, where he was rolled over on the Gloucester- road. FOR ARD ON. I

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