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D
Page Houlton, Bainbridge v.

21 Hubbard, Bloxam v.

4.07 Dean v. Peel 45 Hunt v. Silk

449 Demanneville, Rex v.

220 Denbigh, Inhabitants of, Rex v.

333

J Dixon v. Baldwen

175 Doe d. Whitbread v. Jenney 522 Jenney, Doe d. Whitbread v. 522 d. White v. Simpson 162 Johnson v. M‘Adam

47 d. Stevens v. Snelling 87 Jones, White v.

292 d. Stopford v. Stopford 501 Jones, Wigley v.

440 d. Shewen v. Wroot 132 Jones v. Vaughan

445 Douglas, Rex v.

477 Dowland v. Slade

272

K Duerft, Saterthwaite v.

47

Keynsham, Inhabitants of, Rex v. E

309

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Page
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Page Wigley v. Jones

440 Willan, Nicholson v.

507 Wain v. Warlters

10 Willis v. The Commissioners of ApWakefield, Inhabitants of, Rex v.

peals in Prize Causes

22 335 Willock, Seward v. Wallace v. Smith 115 Wilson, Carlisle, Mayor of, v.

2 Walters v. Frythall 338 Winstanley, Charnley v.

266 Ward v. Mallinder 489 Woolnoth v. Meadows

463 Warlters, Wain v. •

Wroot, Doe d. Shewen v. 132 Watson, Rex v. 480 Wynne v. Raikes

514 Weakley d. Yea, Bart. v. Rogers 138 Whitbread, Doe d. Jenney v.

522 White v. Jones

292

Y
White, Doe d. v. Simpson 162
White, Somerville v.

145 Yea, Bart. Weakley d. v. Rogers Wiggins v. Stephens

533

10

138

CASES

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Io the Forty-fourth Year of the Reign of George HII.

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 Coun

sel 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 Gentle

men 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 IVilson, 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

and 2d. for

1804.

The Mayor, &c. of CARLISLE against Wilson. Thursday April 1912 Where it ap: IN assumpsit, the fourth count, to which the evidence of peared in evi. dence upon an

the plaintiff's principally applied, was on an indebitatus action of inde- assumpsit for tolls and duties, due and payable from the debilatus 88.

fendants to the plaintiffs, for the passage of coaches and carsumpsit for toll, that a riages of the defendants, loaded with goods and merchanWerneret titled dizes, 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 usage to be

a stage coach pissing in and out of the city with parcels, who due for all

claimed to be exempt, principally on the ground that their commercial 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 horses, or in secondary incidental employment. At the trial before carts or wag. Chambre, J. at Curlisle, the plaintiffs, in support of their gons (that is, claim to toll for borses, carts, and carriages, passing with at the rate of 14. for every goods in and out of the city, produced in evidence an inhorse-load, quisition taken at Carlisle on the 6th of April, 25 Ed. 3., every cart. and returned into Chancery, concerning the liberties and load drawn

custins belonging to the city of Carlisle, &c. and why the by one horse,

citizens had not rendered to the Crown *80l. per annum rent for each adat- for the profits or the liberties, &c. whereby it was found tional horse); that the citizens of the said city had been accustomed to have held, that any alteration of amongst their liberties and custons, (inter alia) Theolothe carriage by which the

"siun intrinsecum et forinsccum vocat. Thurg-Toll (i. e. goods were “ Tull Thorough) ut parcellas firmæ civitatis illius ; et quodso conveyed, o as by taking

que prædicti cives habuerunt omnes libertates et proficua them in stage " pradicta u tempore quo non existit memoria quousque," &c. coaches in.

and then stating a wrongful obstruction in the exercise of stead of carts or waggons, their rights. Also a charter from the Crown of the 7th of could not February, 20 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 th: inquisition. And this charter, togehorse drawing ther with all liberties, customs, privileges, franchises, imthe coach, munities, jarisdictions, and grants, is ratified and confirmed although ine number of

to the corporation by a charter of the 13 Cur. T., under horses were which the corporation has its present corporate naine. Also estimated by the usage ofelie corporation to repair and pave all the streets the weight of passengers of the city was proved and admired. With respect to the

and 2d. more

collection of goods.

*[ 3 ]

rather than

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