Gambar halaman
PDF
ePub
[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][ocr errors][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small]
[merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]
[merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small]

CAS E S
SE

ARGUED AND DETERMINED

IN THE

COURT OF KING'S BENCH,

IN

Easter Term,

In the Forty-fourth Year of the Reign of GEORGE HI.

IN the last vacation died, at his house in George Street,IVestminster, the Right Honourable RICHARD PEPPER Lord ALVANLEY, Lord Chief Justice of the Court of Common Pleas. He was succeeded in this term by

JAMES MANSFIELD, Esq. one of His Majesty's Counsel learned in the Law, who was sworn into office on Tuesday the 24th of April, and was knighted. And on the 25th he was called to the degree of Serjeant at Law, and took his seat on the Bench, and gave rings with this motto, Serus in Cælum redeas. On Saturday the 28th of April the following Gentlemen took their places within the Bar:

As one of His Majesty's Serjeants learned in the Law,
Mr. Serjeant Williams.

As His Majesty's Counsel learned in the Law,
Richard Hollist, of the Middle Temple, Esq.
Thomas Milles, of Lincoln's Inn, Esq.
George Wilson, of Lincoln's Inn, Esq.
James Topping, of the Inner Temple, Esq.
With a Patent of Precedence,

John Fonblanque, of the Middle Temple, Esq.
VOL. V.

B

The

1801.

[2]

1804.

Thursday

April 19th

dence upon an action of inde

bilatus assumpsit for toll, that a corporation were entitled

The Mayor, &c. of CARLISLE against WILSON.

Where it ap- TN assumpsit, the fourth count, to which the evidence of peared in evithe plaintiff's principally applied, was on an indebitatus assumpsit for tolls and duties, due and payable from the defendants to the plaintiffs, for the passage of coaches and carriages of the defendants, loaded with goods and merchandizes, in and through the city of Carlisle. Plea, non assumpby a general sit. The action was brought to try the right of the corpogrant of toll, ration to take toll from the defendants as the proprietors of explained by a stage coach passing in and out of the city with parcels, who claimed to be exempt, principally on the ground that their goods passing carriages were chiefly adapted to the conveyance of passenin and out of gers, and that the taking of goods for hire was only a their city on horses, or in secondary incidental employment. At the trial before carts or wag. Chambre, J. at Carlisle, the plaintiffs, in support of their gons (that is, claim to toll for horses, carts, and carriages, passing with 1. for every goods in and out of the city, produced in evidence an inhorse-load,

usage to be due for all commercial

at the rate of

and 2d. for every cartload drawn

by one horse, and 2d. more

for each addi

held, that any alteration of the carriage by which the goods were

so conveyed, as by taking

coaches in.

quisition taken at Carlisle on the 6th of April, 25 Ed. 3., and returned into Chancery, concerning the liberties and customs belonging to the city of Carlisle, &c. and why the citizens had not rendered to the Crown *80l. per annum rent for the profits or the liberties, &c. whereby it was found that the citizens of the said city had been accustomed to have amongst their liberties and customs, (inter alia)" Theolo"nium intrinsecum et forinsecum vocat. Thurg-Toll (i. ç. "Toll Thorough) ut parcellas firmæ civitatis illius; et quod6 que prædicti cives habuerunt omnes libertates et proficua them in stage "pradicta a tempore quo non existit memoria quousque," &c. and then stating a wrongful obstruction in the exercise of their rights. Also a charter from the Crown of the 7th of could not February, 26 Ed. 3, reciting the said inquisition, and grantvary the right of toll in the ing to the citizens (inter alia) the said toll, by the same proportion of description as in the inquisition. And this charter, toge2d. for each horse drawing ther with all liberties, customs, privileges, franchises, imthe coach, munities, jurisdictions, and grants, is ratified and confirmed although the to the corporation by a charter of the 13 Car. 1., under number of horses were which the corporation has its present corporate name. Also estimated by the usage of the corporation to repair and pave all the streets the weight of passengers of the city was proved and admitted. With respect to the rather than collection

stead of carts

or waggons,

of goods.

*[ 3 ]

« SebelumnyaLanjutkan »