The National Register.
London, England, 1820-12-04 00:00:00

THE NATIONAL REGISTER

LAW INTELLIGENCE .
COURT OF KING'S BENCH.
SATURDAY, DECEMBER V.
BUTLER a'. CARTER.
This was an action to recover from the defendant, as
ad ' •Aratrix to her late husband, 1531. dne to the plcin-
tiff for vent k and labour. 'the deceased, Mr. Carter was
by profess' a conk, and of considerable eminence.—
The plaintiff was originally his apprentice, and at the
expiration of his time was employed 1411 a journeyman
by his former master. In this situation he remained fur
three years, and co to the time of his former master's
death he had from time to time received sterns on account
of wages, but still there was the balance above stated due
to him.
The Chief Justire.—Had you not better refer tt to one
of the Learned Sergeants?
Mr. Gurney said hie client had no objection to subject
himself to a refei mice to Mr. Courtney.

COURT OF COMMON PLEAS.
sPECHDAY, DEC. 2.
SHE HACKNEY COACHES V TUE STAGE COACHES.
June before the C.airt rose this day Mr. Sergeant Pell
rose and said there was a case in w hick he was concerned
which would only occupy a 1110111,11 i of time, and pet h op*
the Court would now hear it. He meaut the paper on
of Cloud against Frippery and Abbott.
Mr. Sliepliel 41 said that he was in the case at the °the•
aide with the Solicitor General, whir was now engaged in
the Court of King's Bench, And whose presence hr thought
most especial. The case was not trivial, but of great pub-
lie importance.
Mr. Sergeant Pell was snre his Learned Friend would
see the cause lay in a nutshell. (The hackney coaches
and stage coaches!! ) He would state the facts, on which
no dispute could arise, in one minute. Mr. Cloud. the
plaintiff, was the proprietor of a Hammersmith stage-
coach, which hourly plied to St, Paul's. In the course of
last month a gentleman came on two successive days, to
St. Paul's Church-yard, and had his place to Kensington
booked in the plaintiff's coach. He went in it accord-
ingly, but had himself on each day set dorm at Hyde
Park Corner, still paying the full fare as if lie had gone
on to Kennington. This was considered a breach of the
Hackney Coach Act by the commissioners, under whose
warrant Mr. Cloud's stage and horses wese seised by
Frippery. and lodged iu Abbott's yard, out of which they
were not delivered back to the plaintiff until lie had paid
111.1 s. that is Sl. for each of two penalties, and 11.1$. costs.
The Court knew there was an old Act of George the First,
which provided that no coach should travel for hire in the
stn cis or liberties of the metropolis. unless previously licen-
sed as the law required before the commissioners of hackney
reacor.; but there was also the Stage Coach Act of the
late King, which provided that the penalties of the Act of
fierm:e the First should not attach to stage coaches patting
down passengers within the bills of mortality, such stage
coaches nut ti evening out of the regular line of their ply to
do so. Mr. Cloud was therefore in setting down the St.
Paul's passeeger strictly coritorming so the last law, aud not
liable to the penalty which he nil* sought to recover back.
If it were otherwise, the Court %timid at once see the uu.
warrantnble extent and severity of the hardship. Suppose
he (the Learned Sergeant) were to take his place and pay
for it, in the 8..111 coach, and stop at the stage from Hyde-
Pal lc-corner, on 111 the toy of Pireudhlly, why of comae they
would call him a imil for his pains{ but cuter, the coachman
say to him, or to any other Eugliehmaer,—" A it, Sir, upon nu
account, aud for nu occasion. shall 1 let you down, lest the
lutckney•couch commissioners should fine sue. you must go
on to Rath, having paid your tire, I will nut stop in Pic.
cadilly." VI ould any Englishman endure tnis, and yet he
must endure it, if the plairitiff did not obtain back his penalty
in the case. He was therefore ready to sheer toe Court that
Mt. Cloud was a regular hcensed stage-coach proprietor,
that the gentleman paid his full fare in St. Paul Church-
yard, and was regularly booked to Kensington, but set down
by his desire at Hyde Park Corner, without the coach going
our inch out of Os line of road.

Mr. Shepherd said, that the importance of the case was
this, The fare to Ht de Park Coiner was only eighteen-
pence io this manner by the stage, and the edict of permit-
ting such an arrangement mint defeat the protect' of the
Hackney Coach Act in Town. lint the Court could not
enter upon this subject—it was already decided before the
Commissionms. from amase judgment there wooing appeal.
He sequested the Court could suspend she cause until the
airiestl of the tioliehor General.
Mr. Sergraut Pell s aid, that nobody could call upon the
Court to disturb any udonent properly cud competently
pi amounted ; Court could and must, whet applied to
interfere, it Mails .des ur CUMlTlibt'oneis exceeded their
vested duty. That .as the case here: the Hackney-Coach
LINIIMiIISiOntIS bad .irreived a duty imprupeaty, having
levied a penalty .. well they had uo right to impose, the
Hammersmith stage acting precisely as the law warranted.—
ab.ile of the very useful and convenient vilticles %shirt) tra-
versed the thurt stages about the meiropulis were vitally
interested in the derision of this question.
Mr. Shepherd replied, and so were the hackney coaches,
whit paid a large duty, under the protection of the Com-
ers.

'floe l Lis f Justice said, he um the importance of the in-
teregit concern, in the and he %mild certainly sail
to bear the Solu•itor-Generrl. As at nag now near four
Wein, It, the hearing must dun!' over wit I a future day.
The Cubit was filled by birge mid bat bury coachmen.

COURT OF EXcIIEQUER.
SATURDAY, DEC. Z.

TUB ATTORNL4-OLYCRAL, V. 111104111( WYATT fiC `ON
This was an infussitation against the defendants. who
are w eli-knussio Ale Ilieuers in Liiinotpond-stieet, for
baring in their possession a large quantity of deliterions
and pais° 11111 l s fur the 1.111111-e of using in their
Ale /Smarty. 'I he ilefendautsstibinittell tu a fine of SOW.
inn ty, and redre toed a copper winch had been seized
at lb e ice of 1,0001. making together damages 1,30 I.