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

LAW INTELLIGENCE.-(THIS DAY.)

COURT OF CHANCERY.

The LORD CHANCELLOR sat at 20 minutes before
eleven o'clock.
IN RE SIR GREGORY PAGE TURNER, A LUNATIC.

Mr. PHILLIMORE stated that this was an application,
having in view an arrangement with respect to the pay-
ment of some debts due from this unfortunate gentleman.
Some time ago the matter was referred to the Master, to
ascertain whether it would be proper that a sum of money
should be raised by way of mortgage, and whether a
mortgagee could be found. The Master reported that it would
be proper to make a mortgage, and that a gentleman
had come forward, who was swilling to advance as a mort-
gagee a sum of 12,0001., and also a sum of 25,0001. It
was subsequently reported and confirmed, that 25,0001.
should be raised without any regard for the present to the
further sum of 12,0001. ; and that money has accordingly
been raised and laid out. The present petition then
prayed that the blaster might be ordered to inquire whe-
ther any interest ought to be allowed on the judgment debts
mentioned in the petition—and if so, what sum for prin-
cipal, interest, and costs, was due to each judgment credi-
tor—what ought to be allowed to Sir George Tuthill and
Mr. Warburton for their attendance upon, and care of the
lunatic, and that the same might be ordered to he paid
out of the 25,0001; also that the Committee should be
ordered to pay 745/. 145., to Sir Geo. Tuthill, the ba-
lance of 1,2431. 14s. found due to that gentleman by a
former report for his attendance; that 344/. might be di-
rected to be paid to the Marshal of the King's Bench, for
articles supplied to the lunatic during his residence in the
King's Bench Prison, contracted for by the lunatic, and
found to be due by the Master; and that the other
creditors, whose amount of debts had been duly ascertained,
might be directed to be paid out of the residue of the fund.
All the creditors had been served with this petition, and
they, as well as Lady Turner, appeared, and consented to it.
The Loan CHANCELLOR seemed to assent to the prayer,
but desired to have an opportunity of reading the petition.

ROLLS COURT.

THE ATTORNEY-GENERAL V. THE MAYOR Of BERWICK.

The Court at its sitting proceeded with this part heard
case, which was a heavy charity cause, and appeared likely
to occupy the Court the whole day.

VICE-CHANCELLOR'S COURT.

The Court took exceptions and further directions to-day.

TOMLINS V. P.I.K.

The VICE-CMANCELLOR give judgment in this case,
which came before the Court upon exceptions, overruling
the exceptions, and confirming the Master's report.

COURT OF KING'S BENCH.
LADDS V. PALMER, ESQ. M. P.

Air. LAWS stated that this wag an action by the plain-

tiff against the Member for Surrey, to recover 451. as the
amount of three years' rent for a piece of land which the
defendant occupied at Kingston, Surrey. It appeared, he
believed, that the money had been paid by Mr. Palmer to
some person who was not authorised to receive it. A
warrant of attorney had been formerly given to a person
to whom Mr. Palmer had paid the rent for a time ; but
the Learned Counsel said he should, he had no doubt, he
able to prove that the warrant of attorney had been re-
voked, and that Mr. Palmer had Ind sufficient notice of
that revocation before he paid the money now sought to be
rebovered. _ _

Evidence was then given of the above facts, after which
the Jury found for the plaintiff—Damages 221. 10s.

COURT OF EXCHEQUER, DEC. 7.
(Concluded from our Paper of yesterday.)

TYE- CORPORATION Or STAMFORD V. HAVILIPT.

Mr.—Torkington, Town' Clerk of Stamford, pioduced
the hall-book, containing the account of pi oceedings at the
Common Ilall ; also the Chamberlain's accounts for 1715 ;
from which it appeared that the profits of the two new
fairs for that year were 71. 12s. 4d. ; for 1716, 71. ss. 7d. ;
for 1717, 6/. Os. Id. An account was also read from the
Chamberlain's Book of Receipts of the five fairs, from
1718 down to 1812.

The Coußr thought it hardly worth while to pursue
this further, as living witnesses might be produced to
speak to the rest of the entries.
Abel Blades, examined by Mr. HILLIARD—Was ap-
pointed, 10 years ago, Collector of the Corporation Tolls ;
had assisted for seven or eight years before his appoint-
ment ; Amos Jackson had the tolls at that period ; re-
.iceived a list of the tells to be demanded, from the Town
Clerk, and collected the tolls according to that list ; the
tolls then collected corresponded with the tolls collected in
the time of Jackson ; never had the payment of tolls re-
fused ; a person of the name of Miller succeeded him as
Collector.

By the COMMON SenJEANT—It was always 2d. ; when
a freeman purchased cattle no toll was paid by him ; the
purchaser always paid it.
Mr. Farrant, examined by Mr. TAUNTON—Was in the
Town Clerk's Office; had been there upwards of 30
years ; the predecessor of Mr. Torkington (the present
Town Clerk) was appointed in 1780 ; at the bottom of
the Hall Book was a memorandum, purporting to be an
examination by a preceding Town Clerk, signed with ini-
tials ; the witness believed the initials to be the initials of
Mr. Whych, late Town Clerk.
On the objection to this evidence by the COMMON Sea-
J RANT,

The COURT could not see how a private memorandum
in the Corporation books could be evidence of their rights.
The Court, however, would not refuse the evidence, if Mr.
Taunton insisted on it.
James Meuse, examined by Mr. CHILTON—Was 46
years of age ; his fatl•.er rented the fair tolls at Stamford,
on lease ; assisted his father in the collection of the tolls
till he was 20 years of age, at which time he went into
the army ; collected at six fairs ; the May fair was one ;
sometimes had squabbles with drovers about tolls.
By the COMMON SERJEANT-The purchaser mostly
paid the tolls, but sometimes it was divided ; demanded
the tolls of the purchaser generally ; when a freeman sold,
he took the whole toll from the purchaser ; if the parties
chose to divide the tolls, it was immaterial to him, so as
he got the tolls; could not remember any particular in-
stance in which such occurrence had taken place ; could
never remember any person refusing to pay toll ; never re-
membered Sir John Trollope refusing to pay tolls.

By Mr. CHILTON-Whoever drove the beasts away he
asked for the tolls.
- - -

John Meuse, examined by Mr. HILLIARD—Was bro-
ther of the last witness, and corroborated his testimony.
Dorothy Littledale, examined by Mr. TAUNTON—Was
the sister of the last two witnesses; whoever drove the
beasts away paid the toll; in collecting the tolls folks be-
haved very civil ; could mention a great many persons
from whom she had taken toll; remembered receiving toll
from the defendant, whom she well knew; he never dis-
puted it at that time of day.
On cross-examination—The late Sir John Trollope and
Mr. Rickett refused to pay toll; knew of no others who
refused to pay; the tolls Sir John Trollope and Mr.
Rickett refused to pay were for the waggons and carts.
Robert hiller, examined by Mr. CHlLTON—Assisted
the Collectors of Tolls at Stamford fair. This witness
gave evidence to the same effect as several of the preceding
witnesses. He had collected tolls, without intermission,
for 28 years.
By Mr. DENMAN—The boards were stuck up in Stam-
ford after the refusal of several parties to pay the toll.
Benjamin Palmer, examined by Mr. HILLIAnn—Was
76 years of age ; had lived seven miles from Stamford, at
King's Cliff, 56 years ; was a drover, and attended Stam-
ford fair for 50 years ; forty years ago, at the May fair,
bought two home-breds, for which he paid 4d. toll; never
knew any person refuse to pay toll till within the last year
and a half.
On cross-examination—Was much too poor to go to law
with a rich Corporation.
Mr. TAUNTON—Or a rich association, I suppose?
John Faulkner, examined by Mr. TAUNTON—Was 82
years of age, and had attended Stamford fair with cattle
for 40 years ; had paid toll upon beasts at the May fair ;
thz _r paid the toll.
Charles Reading, examined by Mr. HILLIARD—The
seller always paid the tolls.
Several other witnesses were examined, who gave evi-
dence to the same purport, which, Mr. TAUNTON stated,
closed his case.
The COMMON SERGEANT rose to address the Jury on
behalf of the defendant. He gave full credit to his friend
(Mr. Taunton) for having kept his promise of proving a
very clear case ; but there had been much skill shown in
excluding the case from all collateral circumstances. His
Learned Friend had brought only one grant before the
Court, and had kept carefully out of sight of the others.—
At the time, probably, when this grant took its being, Bd.
and 4d, toll might not be unreasonable. Was it not an
enormous thing that this Corporation should be allowed to
charge Bd. toll for every waggon or cart going in or out of
this corporate town? It was clear the grant of this fair
by Queen Aune was altogether a new fair. He (the
Learned Common Serjeant) was quite sure the Court
would tell the Jury that tolls, by law, were not incidental
to a fair ; they might be so from a long course of
payment. The Queen, in the grant, had dearly conveyed
that which never existed ; she had clearly not given the
Corporation a jurisdiction over the purses of their neigh-