Volume 3 of Minutes of the Courts of Swainmote and Attachment Held Before the Verderers of the New Forest 1891-1895
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Volume 3 of Minutes of the Courts of Swainmote and Attachment held before the Verderers of the New Forest 1891-1895 Transcribed from the original by volunteers for the New Forest Commoners Defence Association as part of the Through Our Ancestors Eyes project part of the Our Past Our Future Landscape Partnership with kind permission from the Verderers of the New Forest Hosted on the New Forest Knowledge website managed by the New Forest Heritage Centre and New Forest National Park Authority Editorial notes. The original documents are held on behalf of the Verderers in a fire proof book repository at the New Forest Heritage Centre who maintain the New Forest The documents have been transcribed as close to the original as possible, following all spelling and capitalisation and most punctuation (except where needed for clarity). Editorial notes are supplied in square brackets ([...]). As such place names and personal names may appear with a number of non-standard variations. The contemporary index is also given, but is very limited in scope and variable in coverage. Original page numbers are given thus [p.123] and can be found using the ‘Ctrl+F’ function. Due to the limitations of the contemporary index, use of the ‘Ctrl+F’ function to find words or phrases, bearing in mind variability in spellings that may have been used. [contemporary index] A Agisters’ Accounts. 8, 14, 39, 61. Adjournment of Court. 15. Alteration of Bye Law. 17, 51. Attorney Genl. & Munro: v. Verderers & Chandler. 21, 44. Allotments. 48, <88>. Addresses of Condolence. 82, 93. Accounts, Verderers. 91, 124. B Bridges & Drains, 5-7, 11, 13, 41. Bye Law amendment. 11. Balmer Lawn Races. 12. Bance’s application. 14, 20, 39, 58. Beach W., payment refunded. 57<8>. Briefs Counsel. 116, 118. Blackdown Rifle Range, re. 120. C Chandler’s Report. Re. Rhinefield. 3. Correspondence with Lymington Highway Board. 18. Clerks Report re Cricket & Tennis Grounds. 53. Con: Dis: (Anls) Acts. 59. Crown Lands Bill. 71, 83, 96, 105. Correspce re C.L. Bill. 72. Clerk’s report re. Non Comrs: Licences. 74. Clerk’s a/cs. 75. Correspondence, re Henry Thomas. 75. Correspondence re Blackdown Rifle Range. 120. D Directions to Clerk. 9, 65, 71<4>, 116, 119. Driving. 34. Dates for Courts. 59. Death of Duke of Clarence. 67. E Evemy v. Warne. 16. Enclosure under 1. & 2 Wm. IV c.59. 33. Election of Verderers. 59, 66, 97. Esdaile, Col: bereavement of. 68. Eyre, Mr Report of re C[ontagious]. D[iseases]. Bill. 121. F Foote, Mr. (indorst. of Brief). 2. Financial Statements. 7, 38, 60, 80, 125. G Gould Mr. (Mare). 14. Glass on Forest. 38. Gates. 41. Golf. 54. H Holmsley Station – Rubbish at. 14. Highways thro’ Inclosures. 43. High Sheriffs a/c. 67. I/J Injunction Munro. 46. Joint opinion of Counsel. 65. Illness of Col: Esdaile. 83. Inquiry, Hon: Pelham. 101, 112. L Lascelles, Hon. Afft. Re. Munro. 5. Lymington Highway Board. 13, 18. Lyndhurst Gas &c Coy. 35, 47, 68. Letter from Hon: Pelham. 113. M Munro, Lieut. 2, 4, 5, 9, 10, 30, 44. Memorandum of Suggestions re. Munro. 27. Moody. Change of residence. 37, 61. Moody’s Report re Thomas. 79. Montagu, Lord. Letter to Sec. of War. 95. Minute. Meeting of Verderers. 117. Map of Range. 119. N Non Commoners Licences. 58. O Ober Bridge. 32. Officl. Verds. absence. 61. P Phillips, John, Mr. 11. Petition re Moody. 35. Ponies impounded. 41. Pannage time. 42, 92. Parry, W. Letter. 69. Pikes Hill Alootments. 96, 98. Phillips, Col. 116. R Rigby, Mr. John. 3. Rubbish, Tins &c. on Forest. 14. Resolution re. Bance. 20. Register of Commoners. 40. Roadway across Forest. 43. Reservoir at Emery Down. 47. Resolution as to signing Cheques. 61. Ranges Act, 1891. 62, 68, 87, 94, 101, 108, 118. Resolution approving action of O[fficial]. V[erderer]. re. Rifle Range. 64. Return of High Sheriff. 66. Resolution re death of Duke of Clarence. 67. Rees & Frere. (correspce &c). 71. Returns by Agisters. 116. Report of Agisters “re Burning Heath”. 125. S Special Constables. 1. Soffe, Mr. (“Rig”). 10. Sparks, re Roadway. 43. Sheriff’s Expenses. 97. Stotherd, General. 116. Scott, Col: Lothian. 116. Smith, Mr. Bowden. 116. T Turbary. 17. V Volunteers. 37. Verderers’ Bill. 70. Verderers’ a/cs. 91. Verderers’ Clauses. 105, 111. <Col. Vandeleur. 325.> W Warne, William. 1. War Office, Letters to, &c. 70, 84, 95, 103. Wort, Charlotte, Application of. 123. [p.1] At a Court of Swainmote and Attachment held in the Verderers Hall at the Queens House Lyndhurst on Monday the 25th day of May 1891. Present. Col: William Clement Drake Esdaile Chairman William Gascoigne Roy Esquire Francis Frederick Lovell Esquire George A.E.T.G. Meyrick Esquire John Jeffreys Esquire The Court was opened with the usual proclamation by the Crier. It was resolved that the Deputy Chairman be Chairman in the absence of the Official Verderer. The Minutes of the last Meeting were read and confirmed. George Bumstead, a Forest Keeper, who was too ill to attend the last Court, was sworn in in the form prescribed by 1 & 2 Wm IV Cap: 41 to act as a Special Constable, within the limits of the New Forest, for twelve months. Charles Evemy } v } Adjourned from last Court. William Warne } [p.2] The Defendant did not appear, and the Case was ordered to stand over until the next Court. The Court then proceeded to consider the present position of the action “The Attorney General and Edward Lionel Walker Munro v. The Verderers and Alfred Chandler Agister” and the steps (if any) to be taken to protect its interest. The Chairman handed in, and read, communications he had received from the Official Verderer and Mr Eyre on the subject. The Clerk explained the result of his Consultation with Mr Temple Cooke (through his deputy Mr Foote Mr Temple Cooke being ill with influenza) by order of the Court prior to the argument of the Rule and Mr Buckley and their advice and the subsequent proceedings in the Court of Queen’s Bench, and produced Mr Foote’s endorsement of his Brief, as follows:– “On this case coming on for argument, in the absence of The Attorney General, I undertaking on behalf of the Verderers not to proceed with the Summonses until after the hearing of the action, the rule ordered to stand over sine die. Either party to be at liberty to apply to have the Case restored to the paper. All questions of costs reserved” J. Alderman Foote for Mr Cooke. 13.5.91. He further produced the Agister Chandler’s report as to the alteration in the nature of the works carried out by Mr Munro on the 12th instant the day after the holding of the last Court of Swainmote, as follows:– The Weirs, Brockenhurst May 18th 1891. Dear Sir, This day I was near Rhinefield Lodge and saw [p.3] the Waterworks and found that the concrete wall round the Reservoir had been levelled to a level of the ground a cover had been placed over it and covered over with mould also the Ram had been covered in and a mound of mould had been covered over it also the inlet drain where the pipe was laid on had been covered or filled in up to the fence of Clumber Enclosure. Also that there has been a drain dug and pipes laid down or in from Clumber Fence to Rhinefield Fence and nearly all filed in and the turf laid down. The Ram from what I can hear was pumping the Water in to Rhinefield, all the other works are the same, as when I saw you. I remain, Your obedient Servant. A. Chandler. Agister G.F.W. Mortimer Esq. The Clerk further produced copies of Mr Bennett’s and The Hon: G. Lascelles’ Affidavits and stated that Mr John Rigby Q.C. required a Special Fee of Fifty guineas and Fifty guineas on his Brief if he went into Court as Leader for the Verderers. A long and special discussion took place on the subject and it was considered fully by the Court, plans being referred to and Minutes and correspondence read on the various points under consideration. On the motion of the Chairman seconded by Mr Roy it was determined that the Court should not employ Mr Rigby, and the Clerk was directed to ascertain who was the leading Queen’s Counsel practising in the Queen’s Bench Division having a knowledge of the law on Commons and to retain and employ him as Leader. [p.4] He was further directed to place a Case before him seeking advice on the following questions:– (1) Whether having regard to the fact that the whole character of the works has been altered since the last Court so as to make them correspond with the description contained in Mr Bennett’s Affidavit filed the 7th May 1891 on which the Order for the Injunction was founded and the purpose for which the original works mentioned in the Summonses were designed had been accomplished and the works were now in full operation and use. This proceeding on the part of the Plaintiff Edward Lionel Walker Munro entitled the Verderers to have the Injunction dissolved. (2) If not, what other steps the Verderers should take (if any) in the event of Counsel being of opinion that their acquiescence in the above proceedings will prejudice their Case at the hearing of the Information Summonses or Bill and Information. (3) What steps Counsel advises the Verderers to take under the altered state of the works and the present position of matters.