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    1. [ENG-WESTMORLAND] Ambleside County Court December 1885
    2. David Leverton
    3. This is the last posting in this series on the Ambleside County Court. Ambleside County Court Ambleside Lakes Herald December 18, 1885 Page 5 Friday before Judge INGHAM and the Registrar (Mr. GATEY) Henry HILTON v R.J. PIGOTT The claim in this case was for £50 being £40 16s 8d for seven month's salary, ending July 28, 1884, and £14 the amount of half the school grant up to the same date, less £1 5s for school fees received, making a total of £53 11s 8d. Of this, the defendant only sent in a claim for £50, in order to bring the case within the jurisdiction of the court. The case had been adjourned from the last court in order to get the evidence of Mrs. HILTON and Mr. BLAND, Mr. HILTON having stated that Mr. BLAND, as a trustee of Kentmere school and representing the other trustee, the Rev. R.J. PIGOTT, had told the defendant's wife that he should keep on the school until June, thus waving the notice which had been given Mr. HILTON terminating his engagement in March. The matter in dispute was the payment of the salary for the quarter that the defendant had kept on the school after the termination of his notice, and also a portion of the school grant, one quarter of which was allowed the defendant with the understanding that should the engagement prove satisfactory, it was to be raised to one half. The defendant contended that the engagement had been satisfactory, and therefore claimed half the grant. Mr. BACKHOUSE represented Mr. HILTON Mr. R.F. THOMPSON for Rev. R.J. PIGOTT Mrs. HILTON deposed: I remember my husband receiving a letter from Mr. MILNE on the 22nd May, 1884. On the Monday following, the 26th May, under my husband's instructions, I went to see Mr. BLAND. I saw him in the backyard, and told him I had come to see him about the school business, and said we knew the trustees had full power turn us out of the school if they liked, but we should like to keep it on until the examination. In answer, he said that he and Mr. PIGOTT had been talking the matter over and they both agreed that it would be a pity to change before the examination, and told me to tell my husband he might keep it on until then. Mr. BLAND deposed: On the 6th Jan., 1884 I saw Mr. HILTON; he came to me about the school and I told him I had nothing to do with it. In April I saw Mrs. HILTON; she came to me on the expiration of the notice. I told her I had nothing to do with the school, and I gave no authority for Mr. HILTON to remain on as master. On the same morning I saw Mr. HILTON, and advised him to give up the school, and go away peaceably, and he said he would keep it on until the examination. I also remember the 22nd of May, the day of which Mrs. HILTON has spoken; it was Ascension day. I never saw her in May at all. I have heard her evidence and I say I never saw her except in April. On the 22nd of May after morning service in the church I left Mr. PIGOTT there and went to the school and asked Mr. HILTON to give up the school. He replied he had taken legal advice and he would not do so and when I returned to Mr. PIGOTT I gave him the answer. I never at any time advised either Mr. or Mrs. HILTON to stay, but always advised them to go away peaceably, and offered to help them to do so. Mr. Jonathan ADDISON, farmer of Kentmere stated: On 25th July I was present at the audit, and heard a conversation between Mr. HILTON and Mr. BLAND. Mr. BLAND denied then that he had ever given Mr. HILTON any encouragement to stay on. Verdict for defendant, without costs. Miles DIXON v Robert MACDOUGALL In this case a cross summons had been taken out. Mr. Miles DIXON, shoemaker, of Grasmere, sued Robert MACDOUGALL, gardener, of the same place for a sum of £5 1s 3d for goods supplied. MACDOUGALL admitted the debt, but as a set off, claimed an amount of £5 8s of which £5 5s was for a number of young trees, and the remaining 3s was for potatoes. Mr. DIXON said: I did not get them from Mr. MACDOUGALL. I got them from Mrs. YOUNG. Mr. MACDOUGALL: I sold them as agent for Mrs. YOUNG. She is my misses. The Judge: Then they are Mrs. YOUNG's debt, and not yours. You have sold Mrs. YOUNG's things, and she did not authorise you. Mr. MACDOUGALL: They did not come from Mrs. YOUNG's property. I got them from a nurseryman. Mr. DIXON: Mrs. YOUNG gave them to me. I have a letter to that effect. I went with him to take them up. The Judge then made an order for payment of Mr. DIXON's account, at the rate of 6s a month, and read the following letter from Mrs. Young to Mr. DIXON: "My gardener ought not to have allowed so long a time to elapse; however, I will cancel the bill. Nothing is allowed to be sold out of the place." Mr. DIXON: He offered to give them me in the first place. The Judge to the defendant: You could not pay a nurseryman for them, if you took them out of Mrs. YOUNG's garden, but if you can show the nurseryman's bill I will give judgment for you. An application for an administrative order was made by Paul SPEIGHT, fish hawker, of Hawkshead whose debts amounted to £33 1s. Mr. SPEIGHT stated that he had several sums to pay into court. Some of the debts were of old standing, in fact they extended over a period of some years, and that was how they had reached such an amount. The application was not granted and an order was made for payment into court of 10s a month until April, and £1 a month after that date. George BROCKBANK, carter, in the employ of Mr. Thomas BENNETT of Ambleside also applied for an administration order. The amount of his debts were £49 17s 4d. The registrar stated that the applicant was earning £1 a week. The Judge: How have you managed to get into all this debt? George BROCKBANK: I have a wife and two children. One of the children has been poorly for a long time and I only get 13s a week. The Judge: The registrar says you get £1 a week. George BROCKBANK: No, I only get 13s a week; there is 2s 6d for rent, and 2s 6d for the loan the furniture, and 1s for coals, and 1s for boots and that only leaves 13s out of the £1. An order was made for payment of 6s. David Leverton Leverton, Stevens, Clibborn, Dodgson, Hird, Stalker ulpha@telus.net

    07/06/2009 01:47:15