1842 Election Dispute


2409. Where do you live? — In the parish of Wootton Fitzpaine.

2410. That is close by Charmouth, I believe? —Yes.
c 241 1. Did you at any time in the last year rent a dairy of Mr. James Powell,
of Charmouth? — I did.

2412. What was it that you took? — ^A house and garden.
2413- Mr, Talbot Had you a written agreement r— I had a paper thing drawn
up between us.

2414. In writing? — ^Yes.

2415. And signed? — Yes.

2416. Mr. Serjeant Wrangham.} What did you occupy? — Some land at the
back of Charmouth.

2417. You say a house and garden; did you occupy that? — Yes.

2418. When did you begin to occupy the house and garden? A€” On the 17th
of March 1841.

2419. How long did you continue to occupy it? — Till January the 29th, 1842.
2420. Did you occupy some land also? — Yes.

2420 In Part of his farm? A€” Yes. -

2422. Do you know when Powell left the dwelling-house? — He left it before that, but on what day he went, I cannot say.
2423. He had left it shortly before you took possession? — Yes.

2424. Then when did you go into occupation yourself? — On the 17th of

2425. Did you continue to reside with your family in that house? — ^Yes,

2426. Did Powell retain possession of any part of that house? — Not of the dwelling-house.

2427. Did he retain the possession or occupation of any part of the garden of which you spoke? — No.

2428. Those were entirely in your possession? — Yes.

2429. And so continued, as I understand you, down to the 29th of last
January? — Yes.

2430. Where is the house that you took; in what street is it ? — Charmouth-street.

Cross-examined by Mr. Austin.

2431. If I understand you, you went into the occupation of a house and
garden on the 17th of March 1841; is that so? — Yes.

2432. Was that house and garden before that time in the occupation of
Mr. James Powell? — Yes.

2433. Be so good as to tell the Committee what was the occupation of James
Powell before you went in; there was a house and garden? — ^Yes.

2434. What buildings to the house? — A slaughter-house.
2435. Go on? — ^That is all adjoining the dwelling-house.
2436. That was all adjoining the dwelling-house, but was there a barn? — Yes.

S437. And stables? — Yes. john Milter.

2438. A butcher's shop? — Yes.

2439. How much land? — Adjoining the dwelling-house? it Mtj ii4«.

2440. How much land was he in the occupation of? — I do not know how
many acres it is.

2441. How much land was there? — I occupied 14 acres of somebody else.

2442. I do not ask you that; do tell me what it was that James Powell was
in the occupation of before you had the house and garden in April 1841 ? — I do not know how much it was ; it was some land belonging to Shale, and some to Colonel Bailey.

2443- How many acres? — I think 14 or 13 of Bailey's, and 23 of Shale's.

2444. Who was the landlord of the house? A€” Shale.

2445. Was not Shale the landlord of all the buildings you have been describing, and the 23 acres of land? — Yes.

2446. As I understand you, Powell held all this together before you went
into the house? — ^Yes.

2447. Do you know how long he had been there? — No ; I do not.

2448. What business did Powell carry on? — He was a yeoman.

2449. I do not quite know what you mean by that? A€” A farmer.

2450. A small farmer is what you mean, is it not? — ^Yes.

2451. What was the slaughter-house used for? A€” It was a lumber-house all
the time I was there.

2452. And the butcher's-shop? — That was locked up.

2453. I think you said one of those buildings, I forget which, was close to
the house; which was that ?— The slaughter-house.

2454. Did it join on to the house? †Yes.

2455. And the butcher's shop; where was that situated? — That was out at the end of the part of the garden, out against the street.

2456. Did the house stand back from the street f— Yes, a little.

2457. The butcher's shop fronted the street, did it? — Yes.

2458. Then behind the butcher's shop there was the garden? — ^Yes.

2459. And then, at the back of the garden, there was the house? A€” The house runs backwards.

2460. The slaughter-house was annexed to the house, was it? — Yes.

2461. Where was the barn? A€” That was back behind again.

2462. Behind the house, still further? — ^Yes.

2463. How far from the house? — I do not know; 20 or 30 yards, I suppose.

2464. Was there a court-yard between the barn and the house? — Yes.

2465. Now, for the stables? — They were joining the barn.

2466. Therefore, there was the shop by the street, then the garden, then the house, then the court-yard, and then the barn and stables? — Yes.

2467. Were there cow-stalls, and things of that sort} — Not there.

2468. Where were they? A€” A field off from there.

2469. When did you go into the house? — On the 17th of March.

2470. Did you take the whole house? — Yes.

2471. And the garden? — ^Yes.

2472. Did you take that by an agreement? — Yes.

2473. A written agreement? — ^Yes.

2474. Did Powell continue in the occupation of other buildings and the farm
and the land? — I had the cow-stalls.

2475. Did he continue in the occupation of the rest of the property? — Yes.

2476. Does he continue in the occupation of the rest of the property up to
this time? — I do not know but he does; there is another dairyman there now.

2477. You took your part for the dairy purposes, did you? — Yes.

2478. You did not want the butcher's shop for that purpose, I suppose? -^

2479. Nor the barn? — No.

2480. Nor the stables? — ^No.

2481 . Then, if I understand you, Powell continues in the occupation of them up to this time ?— Yes.

2482. When did the other dairyman come? — December I believe, the day
before Lady-day.

2483. Before last Lady-day? — Yes.
John Miller
2484. Did Powell occupy then; you say, last Lady Day, the new dairyman
came; you mean Lady-day this year? — Yes.

It May 184s.
2485. Were you there at that time? —No.

2486. When did you leave the place? — On the 29th of January.

2487. Of this year? — ^Yes.

2488. Did not Powell continue to occupy the rest of the property up to the
29th of January? — Yes.

2489. You do not know that he has ever left it? — No, not to my knowledge.

Re-examined by Mr. Sergeant Wrangham.

2490. You say that you occupied the house and garden, and I think you told
my learned friend that Powell occupied the rest of the property? — Yes.

2491. With respect to the butcher’s shop, did he occupy that? — ^Yes, that was locked up; I had no right there.

2492. That is to say, you did not occupy the butcher's shop? — No .

2493. But the question is now, whether Powell occupied it? — Certainly
he did.

2494. How did he occupy it? — He had it in his possession.

2495. Was it locked up during the whole time that you lived in that house?
•^No, not all the time, it was not, because he went in and out,

2496. Did he make use of it as a butcher's shop? — No.

2497. Was any business carried on in it? A€” No.

2498. Then, do I understand you that, generally speaking, the shop was
locked up, except when he opened the door to go in, and then came out again

2499. How far is the butcher's shop from the house? A€” It is 120 feet, I

2500. At the extreme end of the garden, is it? — Yes.

2501. Abutting upon the street? — Yes.

2502. You do not know whether the butcher's shop is rated separately? — No, I know nothing about that.

2503. Then, you say there is a slaughter-house, which is used for lumber? — Yes.

2504. That Powell retained? — Yes.

2505. And that abuts upon the house? — ^Yes.

2506. What sort of sized place is that? — It is a large place.

2507. What should you say the value of it was a year? — Two pounds, I

2508. My learned friend has asked you about a barn and stable, and I think
I understood you to say, that they were behind the house, with a court-yard
between them; is that an open court? †”Yes.

2509. Do they stand in that court? — Not in the first court; in the second.

25 1 0. There is a court at the back of the house? — Yes.

25 1 1. Immediately adjoining the house? — Yes.

2512. Do the barn and stable stand in that court? — No, not in that court.

2513. They stand in the second court leading from that again? — Yes.

2514. You tell me the first court is an open court; is the second court an
open court? — Certainly, it has an opening in it ; it is an open thoroughfare through.

2515. Is it enclosed? — Yes, it is parted with a wall.

2516. Mr. Austin.] Parted fixed what? — Parted from the field, and parted
from the other court.

2517. Mr. Serjeant Wrangham.] Is it walled round? — Yes.

2518. And so completely separated from the field on one side, and the first
court on the other? — Yes.

2519. What should you say now is the value of that barn and stable by the
year? — I do not know; I should say near 5/-.

2520. Then I think I understand you, with respect to the buildings adjoining the house, that is the slaughter-house, that you had the house, and he retained the slaughter-house? — ^Yes.

2521. And you had the whole of the garden? — I had.

2522. Mr. Miller, through the Committee. What was the value of the land
that was retained by Powell? — I do not understand valuation.

2523. Can you give us about the value, as a farmer, of the land held by Powell, John Miller. and the shop? — I suppose it is worth 60/. a year,

2524. Committee.] Besides the buildings? A€” Yes; I suppose it is worth that. >« Mty 184s.
252.5. Mr. Serjeant Wrangham.'] Can you speak to the value of the butcher's

shop? — No, I do not understand the business.

2526. Committee. What sized shop is it? — It is not very large.

2527. What is it worth? — I do not know,

2528. Do you think the whole of Shale's land was worth 60/. a year? — I suppose it was worth that.

2529. How much did you pay? — Some of mine ran on Bailey's land.

2530. You spoke about one of the court-yards being divided by a wall; is
that the wall of the barn? — It is the wall of the stable ; one end of the stable.

2531. Do the stable and the barn adjoin each other? — ^Yes.

2532. Mr. Serjeant Wrangham. Is there a wall that goes all round the court?
— ^Yes.

2533. Mr. Austin through the Committee. Is there not a way into that court?
— Yes, there is a gateway.

4534. From one yard to the other? — Yes.

2535. And a gateway into the fields at the other end€” Yes.

(The Witness withdrew.)

Mr. William Hoare was called in; and, having been sworn, was Examined by

Mr. Gtimeyy as follows:

2536. HAVE you got the rate-books? —

[The Witness produced the same.]

Mr. John Hodges was called in; and, having been sworn, was Examined by
Mr. Serjeant Wrangham^ as follows:

2.537. WERE you the overseer of Charmouth in the year 1840 ? — Yes. Mr. John Hodges.

2538. Just look at the May rate of 1840; you find there an entry of a

butcher's shop, in Charmouth-street, as void ? — Yes.

2539.what you find? — This cannot be his butcher's shop; he can never
be rated for this.

2540. Why not? — I do not know, I am sure.

2541. Will you read the entry; did you make the rate? — I did not copy the rate; my mistress copied the rate.

2542. Mt. Austin. Is she here? — ^Yes.

2543. Mr. Serjeant Wrangham.] Read it? A€” "Powell, James, butcher's shop
he is rated at 2/. a year.

The rate of May 1840 was read: " Void; Powell, James, occupier; Powell,
James, owner; butcher's shop, Charmouth-street; estimated extent, one
perch; gross estimated rental, 3/-; rateable value, 21. ; rate, 1s. 2d.; amount not recoverable, or legally excused, 1^. 2 c?."

2544. Did you make that rate? — Yes.

2545. Is that shop, which is rated there, the shop which stands in the corner of his garden ? — Yes.

2546. Facing to the street? — Yes*

2547. I observe that the amount of rate is 1s. 2d., is it not?€” Yes.

2548. And that rate is not paid, but is carried out as '' Amount not recoverable, or legally excused," is it not? — Yes, " void."

2549. Is that on account of the shop being void that the rate was not payable?

2550. This is the preceding rate of February 1840; is that entry in the
February rate the same in all particulars as the entry which has been read from the May rate r — ^Yes.

The rate of February 1840 was read: " Void; James Powell, occupier;
. James Powell, owner; butcher's shop, Charmouth-street; estimated extent,
one perch; gross estimated rental, 3/.; rateable value, 2/-; rate, 1*. 2d.;
amount not recoverable, or legally excused, 1s. 2d.''

2551. Was that also not recoverable upon the ground of the shop being void?

Wt.Jokn H9ig€$. 2552. In the August rate of 1840, do you find an entry of the same butcher's shop? — Yes, it must be the same.
It May i84«.
2553. Did you not make it? — Yes, it must be the same shop.

The rate was read : "No occupier ; entered void ; James Powell, owner
butcher's shop, Charmouth-street; estimated extent, one perch ; gross estimated rental, 3/.; rateable value, 2Z. ; rate, 1^. 2d., and amount not recoverable, or legally excused, 1^. 2d.'*

2554. This is the rate of November 1840, is it not r — I know nothing of that; I was overseer, but there were two overseers.

2555. Whose is that? A€” Lugg's.

The rate of November 1840 was read: against the column of " Occupier;" ** Void ;" ** James Powell, owner ; butcher's shop ; estimated extent, one perch ; gross estimated rental, 3/. ; rateable value, 21. ;" no sum entered
under the column of " Amount not recoverable, or legally excused."

The lUte of February 1841 was read, being the same as the preceding,
with this exception, that the amount of the rate is 1^. instead of 1s. 2d.
and that is carried into the column of '^ Arrears, and not recoverable."

The rate of May 1841 was read, being the same as the last, except that
the amount of the rate was 10c2., and is not accounted for in any way in the Arrears" column, but in the column of " Total amount to be collected,'^
the word " void" is repeated.

Mr. Joseph Cozens was called in; and, having been sworn, was Examined by
Mr. Serjeant Wrangham^ as follows:
2556. DO you know a house in Charmouth-street where James Powell lived?

2557. Do you remember his living there? — Yes.

2558. Was he living there in July 1840" — ^Yes, he was.

2559. Have you seen the premises? A€” Yes.

2560. Do you know a barn and stable in the court at the back there? — Yes.

2561. What sort of court is it that they stand in; is it an enclosed court or
an open one? A€” Enclosed with walls.

2562. A wall going all round? — No, a railing in some parts.

2563. So that the wall and railing enclose it £ all round ? — ^There are two courts.

2564. There is one next the house? — Yes.

2565. The bam and stables do not stand in that, do they? — ^No, they do not.

2566. Then, do they stand in a court opening from that other court? — ^Yes^
they do.

2567. Farther away from the house? — Yes, with a gate leading into it

2568. Is the court in which they stand surrounded by a fence of some kind,
— a wall and paling together? — Yes, it is a wall all round, to the best of my knowledge.

2569. You say you know these premises; can you tell us in your judgment
what the stable and the barn are worth to let by the year? — You do not mean both courts ?

2570. No; the stable and barn? — Five pounds a year; I should suppose

Cross-examined by Mr. Austin.

2571. Are you a valuer? —No.

2572. What is your business? A€” I farm some land and keep a shop.

2573. What is your shop? — A general shop.

2574. You know this property, I suppose, well? — Yes, I have been through
it often.

2575. Let me see if I understand what you mean; there is a frontage towards
'Charmouth-street, is there not? — ^You must go through the court before you get to this part where the barn and stables are.

2576. Just follow my question, if you please: there is a frontage towards
Charmouth-street? — Yes, there is.

2577. Is there a butcher’s shop fronting the street? — Yes, there is.

2578. Is the line of the butcher's shop fronting the street earned on so as to idx*J9$tpk Cmm be in a line with the garden? — Yes. ^. ■

2579. Then, if I understand you, the whole of the front of the street is the »« M»y ^^face of the butcher's shop and one part of the garden ? — Yes, the butcher’s shop faces two ways.

2580. I am speaking now of that which faces to the street; the street front
consists of the butcher's shop and the garden? — ^Yes.

2581. The butcher's shop has another face, has it, towards the entrance? -*
Yes, looking up the street

2582. The dwelling-house is, we are told, at the bottom of the garden? — Yes, it is.

2583. Is the butcher's shop situated in one corner of the garden? — Yes.

2584. You go down the entry past the side facing of the butcher's shop,
towards the house? — Yes.

2585. When you have got down to the bottom of that entry, do you come to
the house? — ^Yes.

2586. Does one end of the house abut upon the garden r — It comes close to the garden, the south end.

2587. Is there a slaughter-house? — ^Yes.

2588. Does the slaughter-house adjoin the house? — Yes.

2589. Is there a communication between the house and the slaughter-house?
-r You must go out of the house to go into the slaughter-house.

2590. You go out of the house by one door and go into the slaughter-house
by another; but the two buildings are close together? — Yes.

2591. Is there a piggery behind the slaughter-house? — Yes.

2592. Adjoining the slaughter-house? — ^Yes.

2593. Just attend to this: you tell me you get to the house by going down
the entry? — Yes.

2594. When you have got to the bottom of that, do you go into a sort of
yard? — ^There is an open space.

2595. In that open space have 'you access to the house, the slaughter-house
and the piggery? — Yes ; you have access to the house, and access to the slaughter- house, and you go out at the end of the slaughter-house to go into the piggery.

2596. The piggery adjoins upon the slaughter-house? — Yes.

2597. Then, in that open space which you go into by the entry, there is access to the dwelling-house and slaughter-house, and one side of the piggery abuts upon it, does it? — Yes; the piggery is round behind.

2598. You used the word just now that it joined the slaughter-house? — Yes.
2599 From that open space do you go into a yard? — You go out through the efod of the slaughter-house and into the yard, through a gate.

2600. Is that enclosed round with a brick-wall ? — A stone-wall.

2601. Is the stone-wall on one side of that yard carried on nearly up to
Charmouth-street? — ^There is a wall on the higher side of it that belongs to the premises above, that continues on to the house.

2602. Now, I think I can make you understand it: suppose you were going in
this direction down the entry; on your left-hand side, as you go down to the house, there is a stone-wall running the whole way? — ^Yes, the way up to the fields.

2603. On the right-hand side, is there a stone- wall or a fence belonging to Mr. Bullen? — There is a stone-wall.

2604. You go between those stone-walls till you get into the first open space? — ^Yes.

2605. Then the stone-wall continues on the left hand through the next yard?
— Yes.

2606. Then you go into the yard where the stable and barn are? — Yes.

2607. That runs on the left to the bottom: — Yes.

2608-9. Now, if you please, I will trace that stone-wall to the bottom, where the barn is; does that tum round and separate the barn from the field? — ^Yes; there is a separation there with a gate to lead into the field.

2610. Just come back again on the right-hand side; how far does the stone-
wall run back on the right-hand side? — Up to the house.
2611. I am a bad draughtsman; but just come here; that is Charmouth-
street? — ^Yes.

2612. If this long wall on the left-hand side the one you speak of? — Yes.
2613.Does that represent the slaughter-house? — Yes.

2614. That, the piggery? — Yes; there is another house there; a 'hanging-
house, a pent-house.

2615. Is that a rough representation of it? — Yes.

2616. Is that long line down to the open fields an unbroken stone-wall? —
Yes; belonging to the other premises.

2617. Is the third yard separated from the other yard by a gate in that way?
— Yes.

2618. You have told me that the slaughter-house and the piggery are in the
open space, or, as we call it, the first yard? — In the first yard the slaughter-house is, but I do not know about the piggery; I think that is through the gate into the second yard.

2619. There is no building in the second yard but the piggery? — ^No, except a shed; I think there is a shed.

2620. Then you go through the other gate into the third yard, and there you
have the stable and barn? — Yes, and another shed.

2621. Beyond the barn? — Yes.

2622. My learned friend has asked you as to the value of the stable and bam
and you told him 6/-? — I should say it is worth about 6 s. a year.

2623. Do you include the shed at the end of it? — Yes ; I do not mean the
middle yard.

2624. What is the value of the slaughter-house? — Perhaps 40 «. a year; I do not know what it might be.

2625. And the piggery? — I cannot say much about the piggery, I am sure;
it might be worth 5«. or Qs. a year, or it might be worth lOs.

2626. What do you say the butcher's shop would be worth by the year? —
Two pounds.

2627. What is the value of the second yard and the third yard by the year;
I mean those two, not including the open space at the house? — I should not call the first yard anything.

2628. I did not ask anything about that, but the second? — ^The yard and
piggery, 10s.

2629. What did you mean when you told me the piggery in that yard was
worth lOs. — The piggery and the yard 10s.

2630. Do you mean to swear that you included the yard just now, when you
told me it might be worth 10s ? — Yes.

2631. You said it might be 5s. or 6s; do you mean that you included the
yard then? A€” Yes.

2632. You mean to say that that yard might be worth as little as 5s. or 6s. ? †Five or six shillings, or ten.

2633. That you mean to tell the Committee, as an opinion of yours, that that yard and piggery may be worth as little as 5s. ?— No, I do not say that

2634. What is the lowest that you will tell the Committee they were worth? — Ten shillings.

2635. What did you mean by saying 5s. or 6s. just now? — I had not given it a thought

2636. Do you mean, then, that you gave evidence carelessly? A€” Five or six shillings, or ten shillings, I said it might be.

2637. I now ask you, if you will venture to tell the Committee that the
piggery and yard are worth 5s. or 6s. ? — Yes ; worth that, of course.

2638. Will you venture to say they are not worth more? — Yes, they may be
worth 10s, I say now.

2639. What is the value of the third yard? — I include the yard and the stable in the 5s.

2640. You mean to say that the whole occupation is only worth 5s.?— Yes ;
because the barn and stables would be of no use without the yard; you could not go to it ; and the same with the piggery.

2641. How many stalls are there in the stable? A€” I do not think there are any stalls in it ; it was opened for me to see it ; 1 billeted soldiers there.

2642. When were you in it? — I forget how long; the early part of April;
I went there for the soldiers, to review it; to see if it was fit to receive soldier’s horses, as the constable.

2643. This last April? A€” Yes, or the beginning of May.

2644. How many horses would it hold f — I think we put four soldiers* horses there; it is in a very dilapidated state, the barn and stable are at the present moment  Ut. Joseph Cozens.

2&45. Do you know how much land there is connected with the farm? — ^The
farm belonged to two different gentlemen ; it is 40 acres altogether ; but I believe what belong to this part, where the houses are, is 24 or 25 acres.

2646. What would you say was the value of that land? — ^The land, I should say, 3/. an acre, or 50*. an acre; 60/. or upwards I suppose; I would not mind taking it at that money.

Re-examined by Mr. Serjeant Wrangham.

2647. I am afraid I must trouble you once again about this plan; I understand this at the upper part of the paper here to be the street? — Yes.

2648. Then the entry is at the left-hand comer of the premises? — ^Yes.

2649. And you go down, having the butcher's shop on your right hand? A€”

2650. Then you go down this entry along the side of the garden? — Yes.

2651. A fence, is it? — A thorn hedge.

2652. Till you come into the open space where the house stands? — Yes.

2653. And the slaughter-house adjoins the house? — ^Yes.

2654. Then, when you come to the far end of the slaughter-house there is a
separation? — There is.

2655. Do you recollect what that be? — A gate.

2656. Committee. Is there a passage between the front and the back, or are
you obliged to pass through the house in order to get to this back yard ; can you go from the front to the back yard without going through the house ? — ^No.

26.57. Mr. Serjeant Wrangham. Going from this garden to this yard behind
the house, can you go through without going through the house i — Oh, yes.

2658. There is a gate from the garden into this open space where the house
stands? — ^Yes, there is.

2659. And you go round the house into the yard behind the house? — ^Yes.

2660. If you want to get into the part behind the house, that is what my
learned friend has called the second yard, you must go out of the garden into the first yard, and then round by the slaughter-house, and in that way you get into the yard behind the house? — Yes.

2661. Or you can go through the house? — ^Yes.

2662. Is there no door from the house into the garden? — ^There is but one door to the house.

2663. Is that into the garden? — It comes out into the space, and then goes into the garden.

2664. At the end of the slaughter-house you come to a fence of some kind,
with a gate in it? — Yes, the gate, as far as I recollect, extends the whole way.

2665. And that leads you to the yard at the back of the house where the
piggery is? — Yes.

2666. In the piggery which adjoins the slaughter-house stands that second
yard, the slaughter-house standing in the first? — Yes.

2667. Passing through that second yard, you come to the fence which seperates the second yard from the third yard? — You do.

2668. What is that fence? — A stone-wall at each end, with a gate in the

2669. And that lets you into the third yard, on the left-hand side of which
stand the stable, barn and fence you spoke of? — Yes.

2670. From which there is a gate going out to the field at the back? — Yes*

2671. You told my learned friend that as you go into the entry there is a
stone-wall on your left which goes all the way down to the field? — Yes.

2672. Which 1 think you said belonged to the upper premises; whose are
those? — They belong, I believe, to a lady of the name of Mrs. Templer; I heard so.

2673. On the other side how is the garden fenced; on the right-hand side ;
you told me it was a thorn hedge on the other side? — By the wall of somebody else's house; Mr. Bullen's,

2674. Part of Mr. Bullen's abuts upon the garden? — ^Yes.

2675. So, that that wall of the garden is the wall belonging to Mr. Bullen's garden? — ^Yes, up as far as that dairy-house.
2676. That joins to the dwelling-house? — Yes.

2677. So far as regards the front of the house towards the street; now, from the back of the house you say a wall continues down to the field? — Yes, it does.

2678. Is that a stone-wall? — Yes.
2679. Is that in a line with the wall of the garden on the other side of the house; would it be one continued straight line down? — I suppose it is.

2680. Is that a wall all the way down, or is any portion of it a building belonging to those premises? — There is no building on Mr. Bullen's side of the wall after you have passed the house.

2681. You have been asked the value of the butcher's shop; have you been
in the habit of passing that way and seeing it frequently? — Yes.

2682. Have you ever seen it open? — I do not think it was ever made any use of since it was built; very little, if it was.

2683. Have you ever seen it open, and seen it used as a butcher's shop? — I do remember; it might have been.

2684. I am asking of your recollection? — No, I do not remember; it is
very small place.

2685. What is the size of the piggery? — I am sure I cannot recollect the size of it; I know there was a piggery there.

2686. Nor, I presume, do you know who occupied it when the dairyman was
living in the house? — The dairyman occupied the piggery^ of course.

2687. And the yard belonging to it ? — Yes. }

2688. Is the yard in which the piggery stands useful only for the purpose of pigs running in the yard ? — Yes ; I have seen corn-ricks there occasionally.

2689. purpose of pigs running in it ? — Not when ttie emu is there.

2690. And I suppose the corn is not there when the pigs are running there I
— No.

* The Witness withdrew. -

John Miller was again called in; and further Examined by Mr. Serjeant

Wrangham, as follows :

JoknMiOer. 269 1. WE have heard of the piggery adjoining the slaughter-house? — ^Yes, that is it.

2692. Who occupied it when you were there? A€” I did.

2693. What is the size of it; how many pigs would it hold? — Just a little square place for about one pig.
2694. Did you use to keep a pig in it? — Yes.

2695. Did the pig promenade in the yard belonging to it; did he run about
the yard? A€” No, we kept him for a fatting pig.

2696. Had you any other pigs besides that? — Yes.

2697. Where did they run? — Out in the yard.

2698. The yard where the piggery stood? — Adjoining the yard; they could
run in either yard.

2699. You had the run of both yards? — Yes. .^\

[The Witness withdrew.

Mr. William Dawson was called in; and, having been sworn, was Examined by
Mr. Serjeant Wrangham, as follows:

Mr. fir. Damon.
2700. ARE you a surveyor? — I am.

2701. Do you live at Lyme? — No ; at Exeter.

2702. Have you had occasion to value property in Charmouth-street, belonging to James Powell? — I have.
2703. Did you survey the parish for the purpose of rating? — ^I did.

2704. And those premises among others? — ^Those among others.

2705. We are told that there is a yard some distance behind the house; in
which a barn and a stable and a shed, I believe, stand? — A cart-shed ; yes, that is so.

2706. Have you that present to your mind? — Yes, I have.

2707. Will you tell me what is, in your judgment, a fair value by the year^ to let, of those premises; the barn, stable and shed, with the yard? —
With the other buildings, I should say they were not worth more than 4/- or 5/. a year.

2708.There is a butcher's shop at the comer of the garden? — There is
2709. What would you say is the fair annual value of the butcher's shop? — Two pounds a year was put upon it at the time of the valuation.

2710.Have you reason to think that that is a fair or an excessive or too low
a valuation? — It is quite enough for it

Cross-examined by Mr. Austin.

2711. When did you look at these premises for the purpose of giving your
present opinion? — In 1838.

2712. Have you not seen them since that time? — Yes; I walked through

2713. When? A€” Three weeks ago.

2714. Was it three weeks ago you saw them for the purpose of giving your
'present opinion?-— No ; I did not know what opinion I was to give ; I merely went to look at the whole of Powell's land.

2715. Did you go through the yard? — Yes. ^

2716. And saw the buildings? — Yes.

2717. I want to have your estimate a little more in detail; do you include, in your estimate of 4/. or 5 /., the slaughter-house, the second and third yard, and the barn and shed in the third yard? — ^No ; the slaughter-house was attached to the dwelling-house, if I recollect right.

2718. You did not include that? — No.

2719. Will you be so good as to answer me this question: what in your
opinion are the slaughter-house, the second and third yard, and the barn and stable and shed in that yard, worth, per annum? —I should say, the slaughter- house was worth about 2/. a year more than I have said; it is attached to the dwelling-house.