The Mayor and Burgesses of Carmarthen v Lewis
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1835 |
| Date | 01 January 1835 |
| Court | High Court |
English Reports Citation: 172 E.R. 1385
IN THE COURTS OF KING'S BENCH, COMMON PLEAS AND EXCHEQUER
the mayor and burgesses of carmarthen v lewis. (A corporation aggregate may maintain assumpsit for the use and occupation of tolls, although they did not grant the tolls to the occupier by any instrument under their common seal. If a corporation aggregate sue for use and occupation of " standings, market-places, and sheds," and it appear that they allowed the defendant to take tolls from others who occupied slieds and standings, the Judge at the trial will allow the word " tolls " to be inserted in the declaration, the defendant paying the costs of the amendment) Assumpsit for the use and occupation of " standings, market-places, and sheds " Plea-Nan assumpsit (a). (ff) This plea was pleaded before the rales of H. T. 4 Will. IV. came into operation N. P. in.-44* 138|6 DOE V. BEES 6 CAR & p. 609. On the part of the plaintiffs, an agreement, signed by the deiendant, was put in. It related to a demise of '' tolls " by the plaintiffs to the defendant Whiteombe, for the defendant.-This agreement does not apply It relates to tolla; and the declaration is for the use and occupation of " standings, market-places, andwkeds.1' Parke, B,-I shall allow the declaration to be amended by inserting the word "' tolls," the plaintiff paying the costs of the amendment It appealed that the defendant collected rent and tolls from different butchers, whte occupied about about seventy stalls in Carmarthen-market, and who paid upon an aveaage about Is. per stall weekly , and that the defendant had done this from the month of October, 183J, till the time of the trial [609] Whiteombe -This agreement is not under the seal...
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