Star.
London, England, 1827-12-15 00:00:00

QUEBEC, Nov. 15.

This day, at half-past eleven o'clock, we bad the plea-
sure of witnessing the ceremony of laying the first stone
of the Column to be erected to the memory of Wolfe
and Montcalm. The site chosen is inside the garden
gate in Carriere-street. The spat at present forms part
of the private garden of the Chateau ; but the platform
on which the pronument will stand, will be as open as
;he street itself. A square space, level with the street,
will be enclOsed. in which the obelisk will stand, pro-
tected by an iron railing. .
. The troops of the garrjson, under the command of
Colonel Nicol, 66th regiment,paraded attleven o'clock,
forming a double line from the. Chateau to the base
of the glacis near the louse of Mc. Hale. Through
this his Excellency and his Staff, the Gentlemen of,
the Committee, Membere.of Council, lee. advanced to
the spot; !iskilkthe I.llmonic procession arrived by the
way of the larifen, the bind of the 66th playing.
The Countess of Dallonsie and seieral Ladies reached
the spot by the satire aPproach,thretigh lines of Ma-
sonic brethren in full dress. His .Excellency stated
the object of. the ceremony, and was followed by Dr.
Mills. The Masonic ceremonies then took place, his
Excellencpperforming• the office of founder. But one'
of the most interesting parts of the ceremony was the
request made by hii Lordship to Mr. Thompson, the
only living witness present of the death of Wolfe, to
give the slime mystic blows of the hammer, which the
artisan, who, at 93, is more active than many men at
70, did with a firtnland. Dr. Harkness then offered
up a prayer. The ceremony finished with a jest de joie
by.the garrison, and by three British cheers.
On the return of his Excellency, be took post at the
Chateau Guardhouse, when the Regiment Marched by
in ordinary time, and saluted him, is their way to their

time that ..___ , and
to be hoped that by the verdict of this Jury it si
be pet an end to for ever. It was the nature and sh
of a Corporation to usurp, and to attempt every possia
mode of exaction, in the hope of being able at last to
get some evidence of usage. This was the origin of
this most gross and unwarrantable claim on the part of
the Corporation of:Cambridge. The question was not
new to him, for he often had occasion to consider such
claims before. It was not true, that even for twenty
,years past the Corporation of Cambridge had levied a
consistent and uniform toll.; and the sort of shreds and
patches of evidence-of tolls which they produced, signie
fled nothing. The Corporation of Cambridge set up twe
claims; first, they deqsanded a toll for passage over a
certain bridge ; and 2dly, they 'demaad a toll lot certaie
carts end cattle passing along a ceetain street; so that
*ateliers two tolls—one for the bridge and the other
foie the street ; and if one was due, then both were trues
Bet there was no evidence whatever of the hafge tolls
being due. Buppows Mr..Ftsher had not chosen teems- _
test this demand of a bridge toll, why thin they might
have gone on,and have got some colour of usage; but
when-the action was brought, then their own evidence
put an end to their claim of bridge toll. Then, as to
the street toll, their claim, the Jory would observe, was
for toll on bricks, brought into the town of Cambridge,
for the use of the inhabitants; and not bricks metely
carried through the town ; and their demand was
per cart-load. This claim they found, first, on Ctowo
Grants; and, secondly, by an immemorial usage.
Considering the value of money at that time, as
compared with. the present, the very magnitude
of the claim was decisive evidence that it nevar
could have been legal, either with respect to the
inhabitants of Cambridge or the public ; but, at
present, he had only to do with nett-loads of arti-
cles brought into the town for the use of the inhabitants.
Now long-continued possesiion was the best evidence of
right; but then it ought to. be viewed with reference
to the nature of the circumstances. For instance, in the
case of an individual, the usage might be interrupted
by minority, or lunacy, or the estate might be in the
bandit of a married woman, or an extravagant spend-
thrift, or of a tenantfor life. who might not think it
.worth his while to cootest his tight, or spend his money
in litigating a mattfr, which was to him, individually,
of small coosideren. In cases of usage, allowarsce
was to be made for such circumstances. But a Cor-
horation was not liable to these defects vs' Copts' ation
ad, to be sure, no conscience; but then it'llsd legator-
talky ; it *as subject to
,no minority—no Tunacy—no
old agento marriage ; and therefote when themanse
en the groundok usage, they must be held to a,aisparous
proof of the constancy and continuity of that.tasage. A
Jury. ought not to.be satisfied with a modern usage, nor
with Imcient usage either, unless it Wipe*. to be
"strictly consistent With., modern usage. In l'he &rat
ry of, their leases in 1612, there was an obliteration,
aid they ought not to be allowed to manufacture evi-
denee for_therruelves. 'Another circumstance With re-
spect to a Corporation was obvious, not metely to law.
yers, but to every man of common sense. When iwo
individuals had to contest together for a right or privi-
lege,ably might-meet on equal termi; the parse oftthe
one might be as long as the purse of the other. But the
-case was widely .different when an individual• had to
contend with a Corporation : and it was hardly to be
expected that an individual should, as against thens,Te.
sist an occasional exaction of. two or three pence, when
even in case of success, he would be visited with extra
costs. A Corporation had a common puise, and, even
if they lost their cause, the expence would not• cost
each individual the loss of a single dinner. A- farther
would not rashly resist the payment of twopencW•or
threepence in six months, with the knowledge tharif he
did resist, his goods might be immediately takenrind
twenty shillings levied from them • and such 'was 'the
foundation of the usurpation of dorporationa. It teas
but rarely that such exactions were resisted. "'PO!' in-
stance, the Corporation *of Newcastle-on-TYne,, for
whom, as well as for the people of Northumberland
generally, he felt the highest esteem, and even affection,
had for cepthries made an undue exaction, and might
have continued it to this day, if they had not come into
collision with the Corporation of London, by whose ex-
ertiOns the duty was seduced to one hell. The usage
of WCorporation ought to be watched with the utmost
vigilance; but what sort of usage had they here is
contest? An usage of granting leases of tolls, without
the slightest schedule of what ought to be levied, lea,.
ing the farmer to levy whatever he could get ; and this
was their twenty years usage! That fact :shine was
pregnant with suspicion. 'There were three ways in which
a Corporation could levy tolls. First, by Act of Pathas
ment,for which there was no pretence ; secondly, for per-
mission to pass over one's lands—for instance, if an indi-
vidual should possess an estate,which it would be remark-
ably convenient for his neighbours to pass over, he
might contract with them for liberty to pass over his
lands, upon payment of a certain rate foe that privi-
lege. This 'was the origin of tolls taken by usage, • and
the usage Was evidence of that sort of contract. The
third species of toll was that which was exigible, in
consideration of repairing a highway, and this liberty
had been often allowed by Crown grants, which in
ancient times were charters and privileges granted, by
the King in Parliament, and were equal to Acts of
Parliament.. That was called a toll thorough ; and
then to take's by-shot at his Learned Friend's toll tra-
verses, he had endeavoured to thew that rich atoll,
after the time of legal memory, tielon;ed, to dse king,
and by that means he contradicted has own evidence,
the nature of which was, that sincc,the time .of legal
memory that toll had belonged to,the Corporation.
His Learned Friend' had 'hewed that King John had
conveyed to them something which he called a toll,
but ihattvery circumstance ptovirithat they had notate
possession of it, whatever it was, till after the.undof
legal memory. What he tailed toll, however, was a
translation of. the word constretado ; but this was the
interpretation of a mere school-boy. His Learned friend
quoted Lord Coke; but Lord Coke's toterflietalka was
not that. Uwe. word did strictly sigaify a tolt;Aet. it
Wlight 14144 a tap, because it meant any Lbinssioulo.

Aid

I; mar!. His Learned Fsiewill •siblerit was this: the
word wood, might mean ash, e' beech, or oak, midi
therefore it must mean oak and nothing else. But the
ordinary arid natural meaning of the word convettaw
• • had reference to particular customs or usages in dire
tent places, such as gavelkind, borough English, rents
and servicet+due t 9 spsLord, &c. &c. The whole sett-
tence rental 44 Woke at, and from that it would appeal
that it was. extremely 'unlikely that the word ever meant
avoolithave. been much better if he had shewn
that the worcPwas so used in Doomsday 13' ok, which
1 I • • -
was supposed to haVe beeh begun by Allred, but was
completelt in the reign of William the Conqueror.—
• The word' imeloyed for toll there was toliturn and
tolortia, such as tolatta de Dover of Pevensey, of Mil-
.
fo.Zd,'Blc.&c. and, in reality, the word consuetudo never
• eant_tolla.iliqugh it might mean any thing else. There
were Ald times two sources of revenue—the rents of
the Crotrrn lands, and anciently a very great proportion
11 df the lands in England were absolutely the property of
the King, and let to 'his own tenants, who paid rent
.'and perforbsed iarions services. • These were the de
ineine lands of the King, held directly of him on pay-
'ment of rent, so many days' labours, or rendering some
. other services. Now it was clear that houses never pad
I toll, and yet, ifeonsuettrdo meant tolls, it'mna be tolls of
houses. Cambridge, in the time of Edward the Con-
fessor, was one of the hundreds of the county, and the
-houses paid rent to the King,' or tie grantee of the
•
'Crown, such as the Archbishop of Rheims in that age.
Rent meant a tender, either in money or services ; but
thin was very different from toll. The houses paid eon
.ttietudines or rent, and either waste or empty the owners
paid a tax wl en the houses did not belong to the King.
"But, no. said his Learned Friend, it was neither rent
vim taxes. but toll. His Learned .Frieod said, that the
teat of the Crown was 71. and the toll 71. but ft* 101 l his
^Learned Friend ought to read tax. Coisuetudo meant
'sent and service', as was clear from the ancient books,
'which contained-the form of a spetial writ for demand:
ing them'. An exemption from the payment of tolls, it
was clear; did not imply in exemption Irons the paydaent
111 • of the connate:dines ; and if that was the case, the IrlsOiri
'ofbis Learned Friend's argument, as tothetolltraveree,
'fell to the ground. Indeed, if the word had meant toilet
• all, it must have been toll thorough, and not toll Ira.
verse—that is, the street toll, which was never.etamed
in ancient times. Then his Learned Friimnfirt*
course to Vie Pipe Roll of the 21st Henry the Sec=
-certainly a eery curious ancient document. as it,
the manner in which persons, when they begin.tra
crowd together in considerable numbers endeavtifted-
to compound for the King's dues, 'aid irstead. of
making their payMents to the King's Bailiff, appoiniesl,
• a Bailiff or M I)rir rf their own, to whom they paid their
contributions, and he paid over the sum agreed opai
into the King's Exchequer. In these cases they took
advantage of the times when the King wasin great
want of money, and engaged to pay him a round suns,
in consideration that his Majesty would rate them at a
low and Certain sum, atria was not to be augmented;
and sometimes, instead of paying the money down at
once, they agreed to pay to the reigning King a certain'
• sum for his lifetime, in consideration of certain per-
petual privileges, franchises, and immunities; and this
• was the origin of Corporations. The borough of Cam-
bridge to3k advailige of King J -hn and of Henry H.
in this way, and paid the latter three hundred marks,
in consideration or his exempting them from paying
tolls at other places, and he luither grants them a fair
in Itogatien week, which they had at this day. Those
going to that fair paid the dues rf the Mayor, but no
I. toll to the Corporation; but afterwards the Crown dues
- were granted by Charter t i the Corporatinn of-Cam--
bridge, reserving a certain reit—a tent of 401. with 201.
• of increase—instead of every thing which .hey had beeni
b.fore b and to pay to the Clog n. This was confirtned
by •a Charter of King Henry the Third, when the pre.
rogati ye of the Crown was not so well settled as it has
been for these 151 years. This ua. merely a Chattel
of Confirmation, and could rn t confirm tolls, because a
toll was a thing they. never had ; and, at any rate, titt:ess
the amount of toll was exactly spec ifi rd,it would be v rid,
for they could not exact whatever they pleased. But
even if they had had the toll in ancient times, lie would
shew that it had been forfeited. The people of Cam.
bridge had ji•ined the insurrection of Wat Tyler, arid
• bad forfeited alt their privileges; and only got same of
• them back again from RiEhard 11. un their humble pe-
-1 tition. But in the grant which they had from Rich. 11.
who, after upbraiding them for their conduct, hid cont.
passion "opine them, there was not a word about toll
thorough, or toll 'traverse. The charters from King
James and King Charles were nothing; the charter of
the latter, to be sure, would have enabled them to take
Whatever they pleased; but that charter was clearly
illegal. The bargain with the town of Lynn related
tiersly to the dues fur the S nurbridge Fair—merely a
toll for coming into Cambridge on market days. The
toll, tobe good, must be consistent and 'uniform; but
they exacted different tolls at different times, according
as they were resisted or not. The University had de-
sisted as far as concerned articles coming to themselves;
" and therefore the Corporation and these learned persons
Came to a compromse. They took care of themselves,
bot certainly no compromise that could take place be-
tween them would injure the rights of the parties. As
to the Corporation of Northampton, the bargain with
• them about the tolls depended entirely' on ten shit
lings beieg charged in their books, which was no•
thing else than a colour for giving that sum to one of
their officers. It it sad been really paid by them for
an exemption from the Cambridge toll, it would have
been easy ti produce somelivinl persons who had paid
it. During the administration of Sir Robert Walpole
the country was in a high state of prosperity, hut then
the produce of the toll was very low ; but at later
times, when the country was in great distress, they had
been always increasing.• In 1810, they were 4001. in
1816, 4581. in 1819, 6601. in 1822, 7501.—that is, they
' bad been increasing exactly at the time 'when the agri-
culture, manufactures. and trade of the country weir
in the greatest distress. This was a proof that they
had no fixed rate, but deinaoded whatever they could
get, which was clearly illegal. Besides, the very idea
of 2d. for every cast taken before the time r:f legal me-
mory was absolutely monstrous, and at once put an
end to the claim on the ground of immemorial usage.
'lt was merely-by a series of usurpations that they had
taken the toll for paa,ing through Cambridge, but it
was not till lately that they attempted the monstrous
imposition of charging a toll of twopence per tart on
every cart coming into Cambridge—an attempt which,
he trusted, thelterelict of the Jury would put an end to
for. ever.
After the lividence, documentary and oral, for the
defence had been gone through,
Mr. Tituterou replied.
Lord TINT/RI/EN summed up the evidence at great
length. It the Jur), he said, were of opinion that the
tolls had been paid I. orn ,inse immemorial, it would be
their duty to find a vet duct for the plaintiff. The amount
• of damages was of no consequence. One shilling would

estabblia the sighs at Use Corporau9u as nitacts its ',say
larger sum.
The Jug were absent Cras coarylearly half Ash
'boor. • Soon atter seven sistleck they returned :with a
for the plaintiff. • '
THE NINO SR A let
• While M. TAUNTON was replying in the above case,
he was itttenupted by
The ATTORNEY GENERAL, who rose to inform the
Coastthat he had just received a communication from
the Duke of Well•hgtnn, stating he would be unable to
attei.d on Saturday (this day), when the trial of the case'
of the King agriust Bradley was filed to take place, in
which Lis Grace was subpceataed by the defendant. If
it would suit the convenience of the Court to pnstpore
the trial till Monday, his Grace would be able to give
his attendance.

Lord TENTZRDINI said, that he had appointed Mon
day to sit at GuiWhin to dikpose of the causes left un-
tried at the late Sittings. Perhaps Tuesday would be
equally convenient to all pirties.
The ATronatv Garitstat. was afraid that Tuesday
would be too late for the convenience of his client, who
had come over from France specially for Lis ilia'. The
Learned Gentleman added, that he had every reason to
bel ere that the cake of the King against Bradley voul
not occupy the Coprt a very ',mg time. At any Tate,
he would u.id.rtalas that the case for the prosecutim
would be a short one.

Lord TaNTERDIN—I :Lail be oh:iged to attend in
the morning at Guildhall; suppose I c. me here at ohe
o'clock , will that suit you, Mr. Attorney ?
TheATTMINBT GINIMAL.—I thank your Lordship.

Ott Monday, diet elute, it is arranged that
.L rd Ten.
terden shall sit in the mo!nitig at Guildhall, until nearly;
one o'clock, when hr will pioceed to Westminster H
to t'y the case of the King against Br.,dley.

ovation, nnsator,
Mr. Ba UOIfAM was concerned in- a clue yesterday
morning of some importance to, 01. Ostler.; but he
could not proceed In f .te their Lot d,hips. is be t.a I not
got his papers in tl.is CAUS9, I.OllCh we.e stolen out. o'
his cartiage, together with pipets in other cm.es, the
day beture yesterday.
It api.eats that chile the Learned Gentleman's car•
tiage was waiting fo: him on Wednesday evening, and
he was disrobing, his papers, in several bags, were
plat. d iin h i :carriage. Toe carriage door was
kit open, while the footman.was wait.ug in the avenue
leading from the Fishing room, and souse ingenious thief
c %wised to take tie bag in which the missing papers
%ere contained.•

'Mr. F. Poctock suggested that it was lik.ly his
Learned Friend would receive a polite note Isom
the litsrloiner, as was customary according t s the fa-
shion of the der, and appoi.t a meeting un Waterloo-
bridge, as the papers were not saleable. .

. -
%Vitale the conseisation ea. passing on the subject,
Ur. Brougham's clerk arrireJ Irom his chambers with
a card was lefi theie, whereon a scrawl was writ.
ten,_ informing him that his bag bad teen found, but it
would be restoird nn a reaso:Sable compensation being
made lay the trouble incurred.

COURT OF Colllllos FLEAS? PIC. 14.
Sittings after Michaelmas Term before Mr. Justice Gaza= and
Common ..hor.es.

DR VEUZ O. SEWELL

This was as acts-n wising out of a proceeding in
the Lord Monei C•nart. • The Sergeant at Mace. one
of the (Ace's of that Coast, was the defendant, and the
Action was brr.ught to recover a bbli3 Of OW alleged
to be due by a debtor of the plaintiff whom the defen
dant had allowed to escape frumcodiodi without being
authorised to do an.
Mr. CHITTY opened the pie.dijngj. ,The deciaristios
otntaitted two counts—one lot pecsnitti thedielstbe to
escape, and the wirer fr r rot arresting him whes. be
might have d ne so.
l'he plea put in sy,ss the gene-al issue.
_ _

Sergeant TADOT stated the case; from which it
appeared that, in the m nth of me last, a member of
the house of Etienne and Cn. of Path:, had come to
Londnii, and drfposrd of A quantity of fortign goods to
Mr. GJldstien, of the house of GoPstien and Co. of
London, and itceived in payment several bills at dif-
fel eat dates, to the amount of 1,069/. These bills Messrs.
Etienne and Co. di•posed of in the course o' badness
They passed through several hands, and finally into
those of the pl,rietiff As they were rot paid at main.
city the foltlers ion.eived they had a right to recover
the a tnoun tit them firm Golds:tie°. anstlfrey took steps
for that purpose in the Lord AI tyro% Cook, whence a
mandate issued, directing the defendant in this caus-,
who is S ijran. at Mace, to take him into custody. lui
' compliance with which Mr. Goidstien was arrested, and
at his own teque,t brought to the house of a sheriff's
°filar named WallhAnk, from which, al er a short time.
tie was perm ttei tog Logi% Tue plaiotiff alleged
that this discharge r f his debtor was perfectly unautho-.
rise,', and thereupon brought the present action, to re-
c• vet the amount ni hi. debt from the Sergeant at Mace,
for Mr. Colds ten had avaVed himself at the opportu-
nity afforded him, and went out 01 ibis country. There
could he no doubt that the. mandate in question had
Actually be nin the hands of Sew ell, for they could
produce a bill, in his own handwriting, charging for
this very arrest. *niece were the faits of the case, and
it would be fir the Jury, by the r verdict, •o compensate
the plaintiff for the loss he had sustained in the escape
of his debts r.

Evidence was then gone inte (which occupied the
Coon for several hours), in ot d r..to establtsh the fact
that the plaintiff would have had a good cause of
action against Goldstien, had he not been suffered to
go at large. The plaintiff only succeeded in proving
bit right to one bill, anirsonting to 1521. In the course
of the Triatit appeared that Goldstien was in .partner.
-hip with a person named Cnstles, who-at the time of
the arrest was in Buenos Ayres: that t'.e ma,idate had
issued jointly against both partners; that bail con-
fessedly sufficient had been offered for Goldstien, and
refused; and finally, upon the evidence of the plaintiff's
Attorney, it appeared that this Gentleman had offered
'to his crediteis, who were vary numerous, and haJ
claims to the amount of several thousands, a composi•
riots of ten shillings in the pound, and that it had teen
attempted to make him a bankrupt.
Mr. Sergeant WILDE (with whom were Mr. Sergeant.
Jones and Mr. B appeared for the defe.ndaot.
Amongst a variety of observsations upon the circutri;
stances of this pi titracted,cause, be stated that it would
be necessary for the J try to consider three distinct
questions : the first was—Whether or not the plain-
tiffs would have had a good cause of action against
Mr. Goldstien, if they could have had that Gen-
tleman before the Court? Secondly, Whether &well
was the officer to whom the mandate was ad-
dressed, acrd by shorn the captiot was made ? And
thirdly, whether good and sufficient .bail had been
offesed and refused? He contended that the first two
bad, from the evidence, received Lie most perfect newt
five; and if a different officer had refused bail, under
circua.stances in which he ought to have taken it, st
would be obviously the grossest injustice to make his
client responsible for the misconduct of an officer, vino

held Isis situation and pet for mod his duties in s manner
qUite ibdependent of Sewell. But sum/being that'Stwell
had been throughout the acting person, though in fsct
he would affirm that Nlr.,Newsons, another Sergeant at
N't4ce, wasthe responsible swan, yet 11 would; ay, sup.
paing that Sewell were the real party, how ‘coulsl he
have refused to set Goldsti-n at large, ,seeing that the
bail would not consent to be answerable for Cowles
and it being the fact that he, at the time of the arrest,
was in South America, Sewell could not have retained
G ildstien after bail had been offered in the manner in
which he should slew it had.
Evidence was then givea.of the practice af the Lord,
Mayor's C use, from which it appeared that the sleds
tion could not be 61ed in any cause until all the defendants
were regularly before the Court ; and evidence was al
given re.peeting the appointment of Newsom to the
office of Sergeant at Mace; but his L. rJship, in sum.
ming up, expressed an opinion that he most be regarded
its the light of an assistant or deputy.
After a few obseivations upon this evidence from Mr
Ss rgeant Wltna, •
Mr. Sergeant TADDY rose to reply, contending that
his cl,ents were at least entitled to a ver:ict for 1521.;
bt.t they were also entitled to such damages as would
compensate them for the loss of that advantage which,
might reasonably be exp. cted to accrue to thews hose,
the possession of Mr. Guldstien's person. •
• Mr. Justice Gamer, in summing up, &nerved, tha
the putting this man G..rlahtien into a lock uo hou.e
was not an, execut'on of the mandate. The refusal
hail was -not •the Intl( of the delenJant, ru.r wss it a
justification .of his conduct 'in setting his pri,toter at
large....themsecessity of.detaining a man in custody who
was provided with tail, because hii partner mild not
also procure bed, arose out of the practic • of the Lord
Mayor's Court, which practice, they had heard hum
one of the witness's, was under thecae ideration of the
Recorder. _They tau tirldfor the plaintiff, but it was
rheir.pecoliar prii:ipee to determine the amount of de-
reirges. lu est mating that amoitn.. they would take
kite view What might have been exliectrd horn Gold.
stien if the present plaintiffs could have obtained the
possession ..1 his person. *. •

This Case rectipieJ the entire d 47. nnr did the Jury
retire until half past fire o'clock. It was agrred that
the officer of the Court should teceireihe verdict. At
seven o'clock the July came jut° Court, with a ierdict
for the plaintiff—Damages 40..
PItRROGATIVR COURT. Dic. 14.
•

v