notice: yet the faid Mark, not regarding his aforefaid several promifes and undertakings, but contriving and fraudulently intending craftily and fubtilly to deceive and defraud the faid Thomas in this behalf, hath not yet paid the faid feveral fums of money, or any part thereof, to the faid Thomas, (although fo to do the faid Mark by the faid Thomas, afterwards, to wit, on the fame day and year laft aforefaid, then afterwards at the parish aforefaid, was requested,) but he to do this hath hitherto wholly refused, and still refufes to the faid Thomas, to his damage of twenty pounds; and therefore he brings his fuit,

of a rectory a

MIDDLESEX, to wit. Mary Silvefter complains of J. M. Declaration by &c. for this, to wit, that whereas the faid M. on the first of May the impropriator 1754, and long before, and continually from thence until the ex- gainft a tenant hibiting the bill of the faid Mary, was, and yet is, lawfully pof- within the pafelfed of the rectory impropriate of the parish of W. in the faid rifh, on a comcounty of Middlesex, for a certain term, to wit, for the refidue pofition for of a certain term of twenty-one years then and yet to come and tithes by paying a yearly fum for unexpired: And whereas the faid John now is, and for all the the feveral acres time aforefaid was occupier and poffeffor of divers lands and tene- of land, ments, that is, forty acres of arable land, forty acres of meadow land, and forty acres of pasture, lying and being within the parish of W. aforesaid, and within the bounds, limits, and tithable places of the faid parish: And whereas the faid M. so being poffeffed of the faid rectory impropriate as aforefaid, on the day and year first mentioned, and during the whole time aforefaid, was lawfully entitled to have, take, and receive all the tithes of corn, grain, and hay, and other tithes which fhould annually arife or grow upon the lands and tenements aforefaid, and also the other tithes payable to the faid Mary, as poffeffor of faid rectory, for and on account of the lands and tenements aforefaid, during fuch time as the faid Mary fhould continue fo poffeffed of the faid rectory impropriate aforefaid; and the faid John, so being occupier and poffeffor of the lands and tenements aforefaid, he the faid J. on the day and year first above mentioned, at W. aforefaid, in faid county of Middlefex, in confideration that the faid M. at the special inftance and requeft of the faid J. would permit and fuffer the faid John to have and retain to his own use all the tithes of corn, grain, and hay, and other tithes, which should annually arife and grow upon the lands and tenements aforesaid, and alfo the other tithes payable to the faid Mary, as poffeffor of the faid rectory, for and on account of the lands and tenements aforefaid, which should be payable by the faid J. to the faid M. fo long as the faid Mary and John fhould be feverally poffeffed of the faid rectory and lands and tenements aforefaid, undertook, and to the faid Mary then and there faithfully promised, that he the faid John would pay to the faid Mary yearly, and every year, for fuch time as he should so have and retain the tithes aforesaid, at and after the rate of fix fhillings for and in respect of every acre

L

of

of the faid land which fhould be fown with wheat, and at and after the rate of four fhillings for and in respect of every acre of the faid land which fhould be fown with any other kind of corn or tares, and at and after the rate of two fhillings and fixpence for and in refpect of every acre of the faid land which thould be in grafs; and the faid Mary doth aver that the the faid Mary, afterwards, at the fpecial inftance and request of the faid John, did permit and fuffer the faid John to have, retain, and enjoy, all the tithes of corn, grain, and hay, which grew and arofe upon the lands and tenements, and alfo the other tithes, which were payable by the faid John to the faid Mary, as poffeffor of the faid rectory, and alfo for and on account of the faid lands and tenements for a long space of time, to wit, the space of two years, and that during that time a great quantity, that is, eighty acres of the faid land, was fown with wheat, and a great quantity, that is, eighty acres of faid land, was fown with corn and tares, and another large quantity of faid land, to wit, other eighty acres thereof was in grafs, whereby the faid John became liable, and according to his faid promife and undertaking, fo made as aforefaid, ought to have paid to the said Mary a large fum of money, that is, fifty pounds, and another large fum of money, that is, twenty pounds, was alfo due and payable by the faid J. to the said M, for other tithes, for and on account of the faid lands and tenements, according to the faid promife and undertaking of the faid J. fo made to the faid M, as aforefaid: And whereas also faid Mary on the first of May 1756, and for a long time, to wit, for the space of two years then laft paft, was lawfully poffeffed of the rectory impropriate of another parish of W. in the county afore faid; and whereas the faid J. for all the time last aforesaid, was occupier and poffeffor of divers other lands and tenements, to wit, forty acres of other, &c. &c. with the appurtenances, lying and being within the faid last mentioned parish of W. and the faid J. on the fame day and year laft mentioned, at W. aforesaid, was indebted to the faid Mary in the further fum of pounds,

for the tithes of wheat and other corn, tares and hay, before that time for a long time, to wit, for two years, coming, growing, and arifing on the faid lait mentioned lands, and alfo for other tithes, during that time, within the faid laft mentioned parish, arifing and belonging to the faid Mary, as pofleflor of the faid latt mentioned rectory, and which the faid Mary had permitted and fuffered the faid John, at his special inftance and request, to have and retain to his own ufe, and being to indebted, &c.: And whereas alfo the faid Mary, on the first of May 1756, and for a long time, to wit, for two years then laft paft, was lawfully poffeffed of te rectory impropriate of another parifh of W. in the county aforefaid; and whereas the faid John, for all the time laft Quantum me aforetaid, was occupier and poffeffor of divers other lands and tenements, to wit, forty acres of other arable land, &c. with the appurtenances, lying and being within the last mentioned parish of W.; and the faid J. on the fame day and year laft aforesaid,

ruit.

in confideration that the faid M. at the like fpecial inftance and request of the faid J. had permitted and fuffered the faid J. to have and retain the tithes of wheat and other corn, tares and hay, before that time for a long time, to wit, for two years, growing, coming, and arifing on the faid laft-mentioned lands; and allo had permitted and fuffered the faid J. at his like fpecial inftance and requeft, to have and retain other things during that time within the faid laft-mentioned parish, arifing and belonging to the faid Mary, as poffeffor of the faid laft-mentioned rectory, and payable by the faid J. to the faid M. as the poffeffor of the faid laft-mentioned rectory, undertook, &c. [Quantum meruit. Breach.] G. WINN,

FOR TOLL S.

Market, at the

LONDON, The mayor and commonalty and citizens of Indebitatus afthe city of London complain of defendant being, &c. for that fumpfit for tolla whereas, on the eighth day of April 1758, and long before, and of Newgate continually from thenceforth hitherto, there hath been, and ftill is, a fuit of the lord certain public market and market-place, with the appurtenances, mayor, &c. of called Newgate Market, lying and being in London aforefaid, part London. thereof in the parish of St. Faith the Virgin, and the other part thereof in the parish of Christ Church; and in the faid marketplace, during all the time aforefaid, there hath been, and still is, a certain public market, held every day, except on Sundays, for the buying, felling, and expofing to fale victuals or provifions brought thither, or caufed to be brought thither, by any perfon or perfons, for felling or expofing the fame to fale there; and whereas alfo the mayor, &c. for all the time aforefaid, have been, and ftill are, proprietors and owners of all the rates and tolls of and belonging to the faid market, and as fuch during all the time aforefaid were, and yet are, entitled to receive and have of and from all and every perfon or perfons, during all the time aforefaid, pitching and expoling to fale victuals and provifions there, the rates and tolls following, that is to fay, the fum of fixpence per day for every pack of victuals or provifions pitched and expofed to fale in the faid market and market-place, for each and every day that the fame hath been expofed to fale there and the fum of twopence a day for every bundle of victuals pitched and expofed to fale in the faid market or marketplace, for each and every day that the fame hath been fo pitched and expofed to fale there; and the fum of one penny a day for each and every ped, basket, or hamper of provifions, pitched and exposed to fale in the faid market or market-place, for each and every day that the fame hath been fo expofed to fale there in the faid market or market-place: and the faid mayor, &c. being so entitled to have and receive the said rates and tolls as aforefaid, while they the faid

mayor

Declaration in

mayor, &c. were fo entitled to have and receive the fame, to wit, on the fixth day of April, A. D. 1758, aforefaid, and on divers other days and times between that day and the twenty-eighth January, A. D. 1759, at L. aforefaid, he the faid defendant did pitch and expofe to fale, and caused to be pitched and expofed to fale, in the faid market and market-place, divers packs of victuals and provifions, and divers bundles of victuals and provifions, to wit, one thoufand bundles of victuals and provifions, and divers peds, baf kets, and hampers of victuals and provifions, to wit, one thousand, &c.; by reafon whereof he the faid defendant became indebted to the faid mayor, &c. in the fum of forty-five pounds fix fhillings and eightpence, being at and after the rate of fixpence for every pack, twopence for every bundle, and one penny for every ped, basket, and hamper of faid one thoufand packs, one thoufand bundies, one thousand peds, one thousand baskets, and one thousand hampers of victuals and provifions fo by him the faid defendant pitched and expofed to fale in the faid market and market-place: and being fo indebted, he the faid defendant, in confideration thereof, afterwards, to wit, on the fame day and year laft aforefaid, at, &c. aforefaid, undertook, and then and there faithfully promifed the faid mayor, &c. to pay them the faid fum of money when he should be thereto afterwards requested: and whereas, &c. (Add a fecond Count like the first, expofing to fale only, without pitching.) Money had and received. Common conclufion. [See Burr. 1402. 1407. 1. T. Rep. 618. See Proceedings by Corpora

2. Wilf. 95. tions.]

YORKSHIRE, James Fenton, late of the parish of Leeds, C. P. for rolls, in the faid county, coal merchant, was attached to answer unto John lock fees, duties, &c. due on the Burton, efquire, George Dawer, John Douglafs, and Jofeph River Aire, in Atkinfon, in a plea of trefpafs on the cafe, &c.; and thereupon the

Yorkshire.

faid plaintiffs, by A. B. their attorney, complain, that whereas the River Aire, in the county of York, on the fecond day of November, 1757, and long before, was, and from thence hitherto hath been, navigable and paffable for barges, boats, lighters, and other vessels from the town of Leeds, in the faid county of York, down to a certain place called Knottingley, in the fame county, and fituate upon the fame river, and beyond that place down to a certain other place called Wheeland, fituate upon the faid river: and whereas the faid plaintiffs, for all the time aforefaid, have been, and still are, proprietors or farmers of the rates or tolls hereafter mentioned, and lawfully entitled to afk, demand, receive, and take from all and every perfon and perfons, during the time aforefaid, fending down coals, corn, or glass bottles, during that time carried or conveyed down the faid river in any boat, barge, or veffel, from the faid town of Leeds to the faid place called Wheeland, or from the said town of Leeds to the faid place called Knottingley, the rates and tolls hereafter mentioned, that is to fay, for every ton of coals carried and conveyed down the faid river, in any boat, barge, or vessel, from the

faid town called L. to the faid place called W. the rate or toll of three fhillings; for every ton of coals carried or conveyed down the faid river, in any boat, barge, or veffel, from L. aforefaid to K. aforesaid, the rate or toll of two fhillings and twopence (a); and for every ton of glass-bottles carried and conveyed down in any boat, barge, or vessel, down the faid river, from L. aforesaid to W. aforefaid, the rate or toll of nine fhillings and fixpence; and for every ton of glass-bottles carried or conveyed down from L. aforefaid to K. aforefaid, the rate or toll of fix fhillings and fourpence; for every quarter of corn carried or conveyed down the faid river, in any boat, barge, or veffel from L. aforefaid to W. aforefaid, the rate or toll of fixpence; and for every quarter of corn carried or conveyed down the faid river in any boat, barge, or vessel, from L. aforefaid to K. aforefaid, the rate or toll of fourpence: and whereas, during the time aforefaid, and whilft the faid plaintiffs were fo entitled to the rates and tolls aforefaid, that is to fay, on the second day of November, A. D. 1737, and on divers other days and times between that day and the first January 1739, he the faid defendant did fend down divers tons of coals, to wit, five thousand tons of coals, and a great quantity of glass-bottles, that is to fay, one hundred tons of glass-bottles, and a great quantity of corn, to wit, one hundred quarters of corn; which faid coals, glass-bottles, and corn, fo fent down the faid river by the faid defendant, were carried and conveyed in certain boats, barges, and veffels, down the said river, from the said town of L. aforefaid to K. aforefaid; and that during the time laft-mentioned the faid defendant did fend down, &c. (the fame quantity as before, only from the town of L. to W. aforefaid); and by reafon of the premises the faid defendant became liable to pay to the faid plaintiffs a large fum of money for the rates and tolls aforefaid, for the faid coals, glafs-bottles, and corn respectively sent, carried, and conveyed, down the river as aforefaid, during the time aforefaid, that is to fay, the fum of one thousand and thirty-feven pounds (b), to wit, at L. aforefaid, in the faid county of York; and being fo liable, he the faid defendant, in confideration thereof, afterwards, to wit, on, &c. at, &c. aforefaid, undertook, &c. and whereas the faid defendant afterwards, to wit, on the fame day and year laft aforefaid, at, &c. aforefaid, was indebted to the faid plaintiffs in five hundred pounds for the rates and tolls of divers other goods, wares, and merchandizes, by the faid defendant before that time fent, carried, and conveyed down the faid river in the faid boats or veffels, from the faid town of L. aforefaid to W. aforefaid, and of divers other goods, &c. by the faid defendant before that time fent, carried, and conveyed down the faid river, in certain boats or vessels, from the faid town of L. to K. aforefaid, before that time of right due and payable from the said defendant to the faid plaintiffs; and

(4) It is neceffary to be correct in the fyms alledged to be due. Qu. If there is no variation in thefe tolls in the winter feafon, because the A&t makes a difference ?

(b) Be exact in the computation of what the whole of the feveral quantities of goods alledged to be carried amount

to.