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At the Lymm Petty Sessions, on Friday before Messrs.
John Barton and G.D. Dewhurst and Captain Davis, John Rodford was
charged with having on the 11th inst,. "being a person travelling
with a certain booth, or stall" unlawfully pitched it upon part of
the highway situate in Lymm.
[Mr Nicholson was a defending solicitor, though not for Rodford, whose case was
adjourned due to other charges, elsewhere]
John Hibbert was then charged with erecting his booth or stall upon the highway.
Thomas Daintith said he had prepared the plan now produced and the requirements were correct. Stalls and booths had been erected round the cross for over 40 or 50 years. Toys and sweets were generally sold on the stalls.
James Mort, surveyor to the Lymm Local Board stated that he gave the defendant permission to erect his stall. The
defendant paid him 10s and he gave him a receipt for the money... ...He took the toll in accordance with the instructions he had received from the local Board. The Chairman of the Board instructed him to allow 15 feet from the edge of the "hobby horses" to the edge of the R***** near Mr. Battersby... ...In the
[face] of the evidence which Mr Mort has just given, we must dismiss the case. We give this decision because these people may have been misled.
Mr Nicholson: We shall have time to consider the matter by this time next year. It would be impossible to reconcile the notice of the Board with the actions of the surveyor. The notice says that no person shall be allowed at th coming Rushbearing to erect any booth or stall, or standing on any part of the highways in or arounf Lymm Village.
The resolution of the Board... ...was as follows "That the surveyor be instructed not to allow any person at the coming Rushbearing, to erect any booth, stall, or
standing, or cause any other obstruction on any part of the highway in or around Lymm village, or to take any tolls from
any person so causing, or attempting to cause any obstruction on the Highways".
Three other similar cases were also dismissed.
James Gavin and John Leigh were summoned for having on the 11th inst fired off a gun within 50 feet of the highway.
....[lots of discussion on this],,,
The father of the defendant Gavin, stated that he was the proprietor of the shooting gallery in question. He had been... ...attending the Lymm Rushbearing for 48 years and he had had a shooting gallery for 20 years.
Mr Barton: We feel we have been put into an awkward position by the Local Board and their Surveyor acting contrary to each other. We cannot willingly convict the
defendants; and they will, therefore, be discharged.
The decision of the magistrates was received with much satisfaction, and a subscription list was at once opened to defray the expences incurred by Leigh which was most heartily responded to, as in a few minutes more than sufficient was subscribed. |
