The Express.
London, England, 1849-11-07 00:00:00

ToLL.

This was an action whicii;;* tried at the last Fiintshire
Assizes, at Mold, before Mr. Justice Mauler, when a verdict
was found for the plaintiff,damaget 441. The plaintiff, it ap-
peared, was the party entitled to &certain turnpike toll, and
the action was brought for money alleged to be due from the
defeadmt to the plaintiff for tolls.
Mr. Crompton now moved, accuding to leave reserved,
on three distinct grounds, for • rule to aho w cause why
the verdict should not be entered for the defendant,
or why the amount of the verdict show not be
reduced to 221. The first ground upon which the
learned counsel moved was, that there was no evidence
' that the plaintiff was is pmeasim of the tolls and
entitled to be the collecior. The second point was, that be-
fore the plaintiff brought his actioa against the defendant he
ought to \eventide a demand date tolls, according to the set
of parliament. The third point was, that an omnibus, which
bicnged to the defendant end in respect of which tolls wen
demanded by the plaintiff, was not a vehicle plying to hire
within the meaning of the act of parliament, and therefore
act halite to pay any toll. It appeared that the defendant
kept an las Holywell, and that ha was in the habit of
running an omnibus and a ran from the railway station to
the inn, and that he made a• charge for passengers Who
went by his 01•1•1111 i, bat merely eharged for the luggage
serried in the ma, each articles m cloaks and umbrellas
being eossideted as luggage. The defendant chimed to be
exempt from ;ayes( the toll fa respect of the omnibus be.
same the peessagne who travelled in it paid no tare.
Lied Chief Jetties Wilda eald that with respect to the
first meat raised by the learned enamel, as to the title of the
plaintiff to the tolls, although hemight have as written title,
yet it was elearthat he was Is poseeiden of the tolls, and that
' he had pat in a penes to went them for him, and that
tulle had boot paid to that party as the plaintiff's eollector.
It meet, therefor*, be takes that **plaintiff bad shown a
' right to receive the tolls. With respect to the third point,
as to the exemption of the omnibus free toll beams the pm-
season paid no fare, the court was of opinion that that was
net • good exemptiou and that the omnibus could not be
'moldered es • vehicle not plying for public hire;'
, bemuse no doubt the defendant made up for not
reeeteing any fare from the pamengen by the increased
mama ef Margie which he made while they were at his
Ms. No one sappiest Nat the defendant wee sash • phi.
Meth/spit that he eon his omnibus for nothing for the
i geed el easakied, bath was clear that he did it to obmin
t meat by it ; thetas, the taut was of opinion that it was a
. Table that was liable to pay. the toll. With regard, how-
-1 seer, to t e oreoad point, so., that a demand of the toll
*twit to Moo been made before the action was brought, the
I mart did est express any opinion at present ; a rule would
therefore be granted on that point.
IBale aid granted.

COURT OF BAN/CRUFTCY.—YzonzDAL
Biros' Ms. Cbsomoom Fix&
_ _ _ lit_ B{ 'AIM BOLTOX.

The bankrupt, aMillian. enma ;; to pays her last exami-
nation, with debts to the emont of 1.0001. ; unto, MI.
It appeared that six yens ace bankrupt's' husband died,
leaving property of the value of 6,0001., bat owing to some
=eitin in the will, the executors would not take out
t administrains, and consequently she bad bran
rubs& She had six children, the eldest abed 22 nen the
17, who, la parsaance of instructions la the will of
than her. win to wry on the business. ilebnquently
ow of the asps Imam hems of the Olympic Theatre, and
banal hiss Isom aossequace.
Ths beam. prosi.

lisrOu Ka. Commenesmi Hetaons.
Ix so 1 Onesos.—Tan ST. Aszess Burt.
Tim bankrupt was is penmanship with lir. Start se pro
prieftes of the Bt. Albans bank, sad todayaarj mss the
natation al eselikein 'lbw ewe has been before
tits ass" tad de Irerreently reported in our 'Mr.
WKillip we Ile seesentoot.
ILL Ueldster 'optimal lb* creditors; lEr. Lamson
the boaktige. 1
Hie iliessor, byem esot tho esseetmeet e scristles eastersed,
mined ea edie edible
tb• twit daises ems— IMO, ple ft the
11111.