The Sun.
London, England, 1829-12-08 00:00:00

bn°ecuers's.ar necessary
to
Where
kg grants were
ewme rwei
tahg against common 0.4
['hem-
clearly fails where a Charter is granted ; 001"thi" the
ferred to, and nothing existed. It was necessary Or, rt
Corporation of Stamford to show—it was an esseatiliP;ss
of their case—that the toll was reasonable, and that i,b;os
fixed at the time of the grant. The grant said re'
about Bd. a score for sheep, or 2d. for beasts; tecel-httr
had been made to the books of the Corporation, vlbli7,ol.
tally failed in making out the case of Mr. Tauntons 'co
The defendant had a right to call for the title of tlOt'ioel
imposed taxes of this nature to impose such tax;
been from usage, that usage must be easy of solution,..fil
have a legal origin, which the present Charter did net 5h
sess. It was not his intention to trouble the Court 'vki.
any evidence. His clients had not seen any of the 100:t
ycosintrimetoneyrei.glits,._it
the Corporation had had every advantage in Inak°s
their title, and vet they had completely failed. liere
Tffee,
nothing adduced upon which the Court could givele,f;
to the Charter upon which the Corporation Pt°Z-o;sg
Here there was no foundation to rest upon, not rire
been traced from the period of the grant, at all to autiol
the Jury to come to the conclusion asked by his Le''
Fri
Theend. it
Loan CITIEF BARON wished to know schethe
would not be better to take a special verdict, in oder," $
bring the point before the Court in the shape of que'..;
of law as to the construction of the Charter ? S'Pf
there to be evidence sufficient of the usage in the reeelPo
the tolls, would it not revert to the question whether 0
words of the grant authorise the Corporation to take 00
tolls? And then the difficulty was, there being n°, '
specified in the grant, whether the Corporation couluw
a reasonable toll ? The Court had no doubt at all
construction it would put upon the words of they graat*
This was not at all a case of prescription ; the ecle°
usage was as strong as possible.
The COMMON SERJEANT, after some short discu red
gs
could not adopt the mode pointed out by the Lear°
Judge. ;1
The LORD CIIIEF BARON then inquired of the Mori to
they wished to have the whole of the evidence sot
(1.
them, which they answered in the negative. Oa r
ship observed, the question now for the Jury Was, wile' :5
they believed the vast number of Witnesses that had la!_
brought forward, when all positively swore to the tolls b"
ing paid by the buyer ; or whether they Would
010 lin;
that single witness who, perhaps from infirtitY
mory, had stated that the tolls were paid by the sellerb;
If the Jury were satisfied with evidence given Mile C 1
:ire
of witnesses, then they would find a verdict for p. 501
tiffs ; if, on
toll other hand, they considered the sobtfor
witness was be believed, then their verdict would be
tile defendant. jet
'File Jury, after a short consultation, found a cei-iimsf,
favour of the Corporation for tile nominal amount
Is. 4d. if 1111
The COMMON SERJEANT applied for liberty, i 0
clients thought right, to set aside the verdict and eu
nonsuit. t o
The Loan CHIEF BARON thought he ought not
upon temper at ail in this case. He felt great dota:toolit,
the law ; but, at the same time, it was an unlearneo„
had
as he bad no opportunity of examining the cases. rie&et•
no doubt upon the facts, but he thought the ConloWnoder
jeant ought to have the liberty he asked, upoo tihe
per
standing that no objection should be made on bg
to the admissibility of evidence.
The COMMON SERJEANT would consider of tbis•