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Page Houlton, Bainbridge v. - 21
Hubbard, Bloxam v.

407 Dean v. Peel - - - 45 | Hunt v. Silk

Demanneville, Rex v.

449 - 220 Denbigh, Inhabitants of, Rex v.

333 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 y.'

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 Duerft, Saterthwaite v.

• 47

Keynsham, Inhabitants of, Rex v.

K

309

Eades v. Vandeput - - 39
Edgecombe v. Rodd - - 294
Eltham, Inhabitants of, Rex v. 113 Landsdown, Ex parte - 38
Evans v. Thomson - · 189 Leeds and Liverpool Canal Company,
Ex parte Landsdown • •
38 Rex v.

• 325 Lyon v. Mells

428

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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. - • 198 Wallace v. Smith

115 Wilson, Carlisle, Mayor of, v. 2 Walters v. Frythall

338 Winstanley, Charnley v. - 266 Ward v. Mallinder

Woolnoth v. Meadows Warlters, Wain v.

• 10 Wroot, Doe d. Shewen v. 132 Watson, Rex v.

• 480

Wynne v. Raikes - - 514 Weakley d. Yea, Bart. v. Regers 138 Whitbread, Doe d. Jenney v. 522 White v. Jones - - 292 White, Doe d. v. Simpson - 162 White, Somerville v.

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

463

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138

CASES

CA SE S

ARGUED AND DĽTERMINED

1801.

IN THE

COURT OF KING'S BENCH,

IN

Easter Term,
Io the Forty-fourth Year of the Reign of George HI.

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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 kilighted. 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 Wilson, of Lincoln's Inn, Esq.
James Topping, of the Inner Temple, Esq.

With a Patent of Precedence,
John Fonblanque, of the Middle Temple, Esg.
Vol. V.

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1801.

The Mayor, &c. of Carlisle against Wilson. Thursday April 191h Where it ap. TN assumpsit, the fourth count, to which the evidence of peared in evi. I the plaintif's principaily applied, was on an indebitatus action of inde• assumpsit for tolls and duties, due and payable from the dem

fendants to the plaintiffs, for the passage of coaches and carsumpsit for toll, that a riages of the defendants, loaded with goods and merchancorporation, dizes, in and through the city of Carlisle. Plea, non assumpwere entitled by 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 passing in and out of the city with parcels, who due for all claimed to be exempt, principally on the ground that their commercial

assing carriages were chieily adapted to the conveyance of passen. in and out of gers, and that the taking of goods for hire was only &

secondary incidental employment. horses, or in

At the trial before carts or wag. Chambre, J. at Curlisle, the plaintiff's, in support of their gons (that is, claim to toll for horses, carts, and carriages, passing with at the rate of 10. for every goods in and out of the city, produced in evidence an inhorse-load, quisirion taken at Carlisle on the 6th of April, 25 Ed. 3., and ad. fer every care and returned into Chancery, concerning the liberties and load drawn custins belonging to the city of Carlisle, &c. and why the by one horse,

more citizens had not rendered to the Crown *801. per annum rent for each addis for the profits of the liberties, &c. whereby it was found tional horse); held, that any that we ci!zess

lý that the citizens of the said city had been accustomed to have alteration of' amongst their liberties and customs, (inter alia)Theoloby which the

"siun intrinsecum et forinsecum vocat. Thurg-Toll (i. ç. goods were “ Toll Thorough) ut parcellas firmæ civitatis illius ; et quod.

onveyed, " que prædicti cives habuerunt omnes libertates et proficua as by taking them in stage prædicta u tempore quo non existit memoria quousque,” &c.

and then stating a wrongful obstruction in the exercise of stead of carts or waggons, ilieir 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, toge2d. for each

be ther with all liberries, customs, privileges, franchises, imthe coach, niunities, jurisdictions, and grants, is raritied and confirmed altijough the

me to the corporation by a charter of the 13 Cor. 1., under horses were which the corporation has its present corporale naine. Also estimated by the wore ofiberorgoral

f the usage of the corporation to repair and pave all the streets passengers of the city was proved and aduilled. With respect to the rather than

collection of goods.

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The

coaches in.

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