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The Dartmouth Archives - A Dartmouth History Research Group Project

Local Heritage Initiative

Legal Matters

Records of a criminal and civil nature in which the town has been involved, these include records from the time Dartmouth held its own court and Borough administration documents of a legal nature

Castle Estate, Transcript of sale document 1903

A full transcript of the sale of Castle Estate for £50 to the Borough in 1903 by James Williamson, Henry Egan Hill & Edward Ford North. view document

Charter of Incorporation

Transcription of the Charter of Incorporation granted by James I on 3rd August 1604 view document

Two documents found in Wills folder Guildhall

Document Held: DRO Exeter
1. Will of J.H.Foale Bennett of Dartmouth 7/5/1852, with 2 Codicils
2. Abstract of Title of Freehold in Blackawton, by Trustees of Nathaniel Ellis deceased, 1885 No.331. view document

Attorney General v Dartmouth, Copy Certificate of Costs

Document Number: TO-AD-LE-001
Document Held: DRO Exeter
Schedule of costs for action at High Court of Justice, Chancery Division, Distinctive No 1880.A.602, between Attorney General and Corporation of Dartmouth.

Plaintiff was John Moxon Clabon of Westminster and Defendants were solicitors raising this schedule, Woodcock, Rifand & Parker, 11 Lincolns Inn Fields. Total costs, including taxation, £651-19-11. Pencilled annotation on back page shows a total amount of £711-4-11.

Dispute between Council & Circus owner Frederick Ginnett

Document Number: TO-AD-LE-002 to 007
Document Held: DRO Exeter
Occupancy of the Newground from 25-5-1897 to 31-5-1897 for a Circus
Bundle of letters about booking the land, notes as to facts
Letter from Frederick Ginnett
Draft Affidavit – High Court of Justice, Chancery Division
Also named Mr Arthur de Frece, Miss Ada Alexandra, Circus owner

Two other Affidavits
Mr S C Widdicombe (Draft)
Mr G Barnston (Draft)



Plus 1 other document ?

Dispute between Council & Circus owner Frederick Ginnett

Document Number: TO-AD-LE-008
Document Held: DRO Exeter
Affidavit of Mr T. O. Veal Borough Surveyor in the case of Dartmouth v Ginnetts Circus in the High Court of Justice

Detailed account of all correspondence and communication concerning the letting of the New Ground for a circus on the 31st May 1897

Circus owners – Ginnett, Agent – Mr Jeffery & Miss Alexander, Agent – Mr A Defrece

progress on the dispute between Council & Circus owner

Document Number: TO-AD-LE-009
Document Held: DRO Exeter
Three letters from Woodcock,Ryland & Parker Solicitors London to O.S.Bartlet Town Clerk Dartmouth re Mayor V Ginnett circus owner
(see also 002 To 007)

Will of Mark Fox Esq

Document Held: DRO Exeter
Will of Mark Fox Esq of Summerland Villa, Dartmouth. Examined with probate 18 March 1911, death 13 June 1893.

Key names;- Annie Austin – wife
James Fox – brother
Frederick Henry Whittle – nephew

Trustees;- Mark Whittle and Charles Henry Fox – nephews

view document

Administration of the effects of Elizabeth Battershall Bickford

Document Number: TO-AD-LE-011
Document Held: DRO Exeter
Letter from John Bird, Archbishop of Canterbury, granting “full power and authority” to Hannah Heath Bickford.

Document has seal attached.

Limited Probate of the Will of John Fox deceased

Document Number: TO-AD-LE-012
Document Held: DRO Exeter
Will of John Fox, grocer of Dartmouth, who died 29 October 1858.
Bequests to friend Thomas Bertram of Dittisham, brother Thomas Fox (Dittisham), son John Palk Fox (his boat) and son Mark Fox to carry on his business.

Will of Maria Ellis of Dartmouth

Document Number: TO-AD-LE-013
Document Held: DRO Exeter
Maria Ellis widow of Dartmouth gives all her real and personal estate to daughter Emma Jane Ellis, and her heirs etc, and appoints her sole executor
William Smith solicitor Dartmouth
William a pound his clerk.


Probate of the Will of Robert Harris Esq

Document Number: TO-AD-LE-014
Document Held: DRO Exeter
Probate of the Will of Robert Harris of Clarence Street, made 28 February 1856. Effects of John Harris
Dwelling house in Duke Street.

Attorney-General V Mayor of Dartmouth

Document Number: TO/AD/LE/015
Document Held: DRO Exeter
1880 case in a quarter of Chancery Between for the plaintiff Attorney-General and the Mayor of Dartmouth , John Bulley and William Neck defendants
Seems to be about who is responsible for building and repainting new Church, now St Saviour's consecrated in 1372, and maintaining the chaplan.

view document

Will of Peggy Maddick

Document Number: TO/Ad/LE/016
Document Held: DRO Exeter
Copy of Will of Peggy Maddick
Beneficiary
Margaret Maddick (daughter)
Nicholas Maddick (son)


Last Will and Testament of Thomas Oldridge

Document Number: TO/Ad/LE/017
Document Held: DRO Exeter
Beneficiary – Ann Oldridge (wife)

Agreement to build sewer

Document Number: TO/Ad/LE/018
Document Held: DRO Exeter
Original tender and agreement to build sewer under millpond, south side, in 1837. £15.0.0 per 100 feet.

Under New Road (Victoria Road) £16.4.4 per 100 feet.

By John Evans Perryman - Mayor

Burden claims damages from Council

Document Number: TO/AD/LE/020
Document Held: DRO Exeter
Horace John Burden – Plaintiff
Mayor and Burgesses of Dartmouth - Defendants

Summary
45 pages
Burden claims damages from Council for polluting a watercourse causing his cows to have abortions.

Lots of technical evidence

Was abortion caused by infected animal, by drinking water or by eating grass polluted by substance discharged into stream by Council (pages 9 – 10).

Probable damages could be £300 - £400 whereas costs of fighting the case might be £1,200 - £1,500 and could never be recouped from Burden.

In the end the Official Referee awarded Burden £228 plus costs of action (page 38).

Costs - £951.2.1
Plaintiffs costs - £635.8.4 (page 45)

Legal opinion sought re Local Government decision

Document Number: TO/AD/LE/022
Document Held: DRO Exeter
Legal opinion sought regarding a earlier decision of Local Government at refusing to sanction a loan as they have no powers to do so, opinion does not agree with this assertion.

Loan of £950 from Lloyds Bank to Dartmouth BC

Document Number: TO/AD/LE/023
Document Held: DRO Exeter
Loan of £950 from Lloyds Bank to Dartmouth Urban District Council secured against a a portion of the general district's rate

Financial agreement between the Borough and Lloyds Bank

Document Number: TO/AD/LE/024
Document Held: DRO Exeter
Financial agreement between the Borough and Lloyds Bank, with that seal

Agreement about loans from Lloyds Bank and guarantees given by the council

Minutes of Evidence Local Legislation Committee on the Dartmouth Bill

Document Number: TO/Ad/LE/031
Document Held: DRO Exeter
THIS is a Bill promoted by the Mayor Aldermen &c of the Borough of Clifton Dartmouth Hardness to enable the Corporation to construct a River Wall and Embankment
and to reclaim part of the Foreshore of the River Dart and to confer upon the Corporation powers relative to streets buildings sewers and drain, infectious disease and sanitation and financial and miscellaneous matters
See also LE 032 to 037


view document

Dartmouth Bill, Properties affected

Document Number: TO/Ad/LE/032
Document Held: DRO Exeter
List property, Owners, Lessees and occupiers of properties affected by the proposal to reclaim Coombe Mud

Dartmouth Bill, Ministry of Health Report

Document Number: TO/Ad/LE/033
Document Held: DRO Exeter
Ministry satisfied with regards to the merits of the scheme & of benefits to RN College.

Dartmouth Bill, List of Private Members Bills

Document Number: TO/Ad/LE/035
Document Held: DRO Exeter
Private Members Bills to be read for the first time in the House of Commons (Dartmouth Bill No 8)

Dartmouth Bill, Map of Coombe Mud area

Document Number: TO/Ad/LE/036
Document Held: DRO Exeter
Map showing proposed wall and area of reclamation

Dartmouth Bill, Miscellaneous Correspondence

Document Number: TO/Ad/LE/037
Document Held: DRO Exeter
Clip file of assorted correspondence relating to the scheme.

Assignment for the benefit of creditors

Document Number: TO/AD/LE/025
Document Held: DRO Exeter
Assignment for the benefit of creditors Henry Nichols to Messrs Ashford, Bovey and Bovey

Henry Nichols of Dartmouth shipbuilder, William Ashford timber merchant, and John Bovey blacksmith's, Thomas Bovey of a Ipplepen timber merchant.
Transfer of assets from Nicholls to the others as payment of debts, dwelling house, Quays, buildings and slipway, patented slip, yards, and land, herediament's and premises in Townstal St Saviour's. Document contains names of creditors as above plus John Luke, Davey, Mitchelmore, Lidstone, May? Barzily,? Stevens, Snell, Rosevall, Drue, Polly Bank and co, Stooke, Mugford, Hawker, Thomas, Hunter, Hassall, Goodwin & Co.

Assignment of Title of 1 house at New Quay

Document Number: TO/Ad/LE/026
Document Held: DRO Exeter
Mary Bastard, widow/executrix of John Bastard, to Thomas Lake pawnbroker(?), the western one of 2 houses near New Quay, including ground floor shop and office, for £177-10-0. Premises lately rebuilt.

Previous owners or adjoining owners referred to were Elizabeth Pottin, Staplehill, Adams, Roger Bidgood, Honor Hawkins dec’d.

Assignment of Lease of land at Mill Gullet

Document Number: TO/Ad/LE/027
Document Held: DRO Exeter
Assignment of Lease of land at Mill Gullet for up to 4 houses, by Thomas Bartlett Codner, Master R.N., and Joseph Lidstone builder to William Gregory victualler, 29 July 1856.

Land measuring 74 ft. e-w. and between 27 ft. and 56 ft. n-s, bounded by house/garden of Charles Campion Jones, highway and millpond.

Consideration £250 plus £175 = £425.

Will of J.H.Foale Bennett of Dartmouth

Document Number: TO/Ad/LE/029
Document Held: DRO Exeter
Will of J.H.Foale Bennett of Dartmouth 7/5/1852, with 2 Codicils.

Mr. Bennett of St.Clair’s Place (Terrace), Hardness. Executors were:-
John Coombe of Swannaton yeoman, George F.Brewster of New Bond St. gentleman, Charles Vincent shipowner of Clifton, Dartmouth.

Bequeathed his 1/3 share of “Little Blackdown” property at Halwell to Helen wife of Henry Sutcliff, then to cousin Richard Coombe of Lower Norton father of John.

Bequeathed 2 houses, Nos. 3 and 4 St.Clair’s Place lately erected, to wife etc. and Executors to arrange. Also basement and coalpit at No. 5.

Executors also to arrange sale of shares in Steam Towing Co. and its Coal Depot, and the brig Emanuel in Goole trade

Instructions for the Defence in the Court of Chancery

Document Number: TO/Ad/LE/030
Document Held: DRO Exeter
Instructions for the Defence in the Court of Chancery between Corporation of Dartmouth (Defendants) and the Attorney General, concerning properties in a Deed of 1599.
Referred to on the Plaintiffs statement
1. Corrections & omissions in ownership of land
2. Information on payments for repairs to St Saviour’s church 1599 – 1836, financed by property & pew rents
3. Repairs to Water Conduits
4. Maintenance to bulwarks & chain across harbour
5. Dispute about identification of properties subject to trust in the deed of 1599
6. Proposal that Stuart Moore, who had previously made a calendar of Corporation activities, should try to identify the properties.
7. Transfer of Relief of Poor to Trustees of General Charities of the Town

Stuart Moore’s Observations. Details of properties conveyed by Nicholas James to Robert Smith in 1571.

New Council Bye-laws

Document Number: TO/Ad/LE/038
Document Held: DRO Exeter
1. By-laws made the Urban District Council with respect to
Prevention of nuisancees arising from Snow, Filth, Dust, Ashes and Rubbish.
2. For the prevention of keeping of animals on any premises so as to be injurious to health.
3. Penalties for offending against by-laws.

Indenture and schedule A Ridgeway

Document Number: TO/A D/L E/039
Document Held: DRO Exeter
Alexander Ridgeway of Shepherd A in the parish of Blackawton Covent with Dartmouth local Board of Health formed in 1858. Reference to several Indenture this previously made between the Board of Health and Richard Webb Egg treasurer, and A Ridgeway really arched cellars at Bearcove, land and hereditament conveyed to a A Ridgeway with that other hereditament.

Schedule:- List history of the various properties from 1835. Names mentioned:-Amos Peek, John Caddy, John Brown Smith, Joseph Wills, Joseph Love, Jane Efford, William Hockin, Robert Loney, Walter Prdeaux, Hodge, Perring, Thomas Holdsworth Brooking, Thorn, Gray, Steer, Mitchelmore, Lewis, Henry, Lamble, and others.

From 1802., Hayman Codner, New house in Higher Street and Newcomen Road. From 1845:- Codner Thompson Symonds, Earle, Neck.

Conveyance of Arched Cellars in Lower Street

Document Number: TO/Ad/LE/40
Document Held: DRO Exeter
Conveyance of Arched Cellars in Lower Street by the local Board of Health to Alex Ridgway for the sum of £75 subject to the right of support of road above (Newcomen Road)

Boatfloat Indenture 1891

Document Held: SHDC
Image of agreement between Dartmouth Borough Council & Harbour Authority following an appeal to the House of Lords ownership of the Boatfloat & other waterfront areas constructed under the Dartmouth Harbour Improvement Act 1882. Document also details procedure to be followed before change of use of the Boatfloat & purchase price of land involved. view document

Charters of the Borough of Clifton Dartmouth Hardness

Image of illuminated scroll listing the Charters granted to the Borough of Clifton Dartmouth Hardness from 1314 to 1674 view document

The Coleridge Hundred

This paper was prepared and written as part of the requirement for an honors degree in law at Exeter University. In such circumstances, a considerable knowledge of both history and the English legal system was assumed. I hope this does not detract from the general interest for the reader.

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