OXFORD SUMMER CIRCUIT, 1830. BEFORE MR. JUSTICE PARK, AND MR. JUSTICE BOSANQUET. OXFORD ASSIZES. BEFORE MR. JUSTICE BOSANQUET. WICKENS v. EVANS. July 22nd. ASSUMPSIT on a written agreement (a). Plea-Ge- Three persons neral issue. The agreement, which was between William Fletcher, of the first part; the defendant, of the second part; and the plaintiff, of the third part; recited, that, whereas the said William Fletcher, Daniel Evans, and Joseph Wickens had, for several years last past, travelled into various parts of the country, vending trunks and boxes for sale, in the same line of business had "agreed to divide, and not to in terfere with cer tain districts of the several ci- Bowles's Post map of England and Wales, thereto annexed and referred to;" and that the three parties should respectively sell without interruption, in the several cities, &c., marked and set forth, and described in the said map, which was annexed to the agreement:-Held, that all the names of places on the map must be counted as words; and that, if the words of the agreement, with the names on the map, amounted to more than 1080, the agreement must be stamped accordingly with a 17. 15s. stamp. (a) For the form of the declaration, see the case of Wickens v. Evans, 3 Y. & J. 318. In that case it was held, that this agree ment was good in point of law, it 1830. WICKENS บ. EVANS. but, on account of the inconvenience and loss which they severally acknowledged to sustain, by reason of their exercising their trade and calling in places which they wished to keep separate and distinct from each other, they, the said William Fletcher, Daniel Evans, and Joseph Wickens, had, in consideration thereof, agreed to divide the same, and enter into the terms and conditions thereinafter mentioned relative to such division, (that is to say), the said William Fletcher, Daniel Evans, and Joseph Wickens did thereby, severally and respectively, agree with each other to divide, and not interfere with, certain districts of the several cities, boroughs, towns, and villages, set forth on Bowles's Post-map of England and Wales, thereto annexed and referred to, and signed with the respective proper hand-writing of the said William Fletcher, Daniel Evans, and Joseph Wickens, it being the true intent and meaning of the said parties thereto, and of those presents, that the said William Fletcher should and might, at all times thereafter, during the life of the said William Fletcher, by himself and his agents (duly authorized only), travel into, to sell trunks and boxes in his way of business, without any interruption whatsoever by the said Daniel Evans and Joseph Wickens, or either of them, during their joint natural lives, in the several cities, boroughs, towns, and villages, marked with ink, and set out with black cotton, so set forth and described on the said map, as aforesaid; and also, that the said Daniel Evans should and might, at all times thereafter, during the life of him the said Daniel Evans, by himself and his agents (duly authorized only), travel into, to sell trunks and boxes in his way of business, without any interruption whatsoever by the said William Fletcher and Joseph Wickens, or either of them, during their joint natural lives, in the several cities, boroughs, towns, and villages, marked with ink, and set out with black cotton, so set forth and described on the said map, as aforesaid; and also, that the said Joseph Wickens should and might, at all times thereafter, during the life of him the said Joseph Wickens, by himself and his agents (duly authorized only), travel into, to sell trunks and boxes in his way of business, without any interruption whatsoever by the said William Fletcher and Daniel Evans, or either of them, during their joint natural lives, in the several cities, boroughs, towns, and villages, marked with ink, and set out with black cotton, so set forth and described on the said map, as aforesaid. And it was thereby further agreed by and between the said parties thereto, that they, and each of them, should also be at liberty to travel, for such purposes of trade as aforesaid, during their joint natural lives, as aforesaid, to all such other places as might thereafter be built, although not set forth on the said map, so as such trading should not interfere with either of the said districts of the said parties. thereto, so respectively marked out on the said map, as aforesaid; and also, it was thereby further agreed by and between the said parties thereto, that they should not, directly or indirectly, allow or suffer any goods in their said trade to be manufactured at their respective shops or warehouses, or be sent from their or his respective shops, houses, or warehouses, or from any other place, for the purpose of being sold or disposed of, on the ground to be travelled by the said parties thereto, so marked out on the said map, as aforesaid, or in any manner whatsoever participate in any profits arising from any sale of the said goods in such respective districts as aforesaid, and so thereby agreed to be divided as aforesaid; and also, should not aid and assist any person or persons whomsoever, to oppose all, any, or either of the said parties thereto, in the said trade, in England and Wales; and it was thereby further mutually agreed by and between the said parties thereto, that they and each of them should not, nor would, during their joint natural lives, as aforesaid, buy or purchase any tea chest or chests, black or green, at a higher price than 6d. or 8d. each in Oxford; 1830. WICKENS v. EVANS. 1830. WICKENS v. EVANS. and it was thereby lastly agreed by and between all the said parties thereto, that they should not, by themselves, or either of them by himself, nor should their, or either of their servants or agents in that behalf, travel into the districts of each other, so set forth on the said map, or into any other place which might be thereafter built, forming the route of either of the said parties thereto, in the way of their or his said trade and business, to the injury or prejudice of each other. Annexed to this agreement was a map of England, with black cotton stitched through it, so as to divide the kingdom into three districts. The agreement bore a 17. stamp. It was admitted, that it did not, by itself, contain 1080 words. Taunton, and Chilton, for the defendant, objected, that the stamp was not sufficient; for that, as the map was annexed to the agreement, and referred to in it, the names of all the places on the map were to be counted as words, the same as if they had been inserted in the agreement, and the agreement would then require a further stamp, as it would contain more than 1080 words. Jervis, and Talfourd, contra, contended, that, as the map was only referred to for the boundary lines, the names of the places ought not to be counted. Mr. Justice BOSANQUET held that the names of the places on the map ought to be counted as words; and that, the number of words, including those, being above 1080, the stamp was not sufficient. Jervis, and Talfourd, for the plaintiff. [Attornies-T. Parker, and] Nonsuit. WORCESTER ASSIZES. BEFORE MR. JUSTICE PARK. 1830. REX v. JOSEPH PERKINS. LARCENY.-The offence was stated in the indictment to have been committed "at the parish of Hales Owen, in the county of Worcester." It appeared that the parish of Hales Owen was situate, partly in Worcestershire, and partly in Shropshire. F. V. Lee, for the prisoner.—I submit that this is badly laid. This ought to have been laid as "in that part of the parish of Hales Owen, which is situate in the county of Worcester." There is, in point of fact, no such parish as the parish of Hales Owen, in the county of Worcester; and it has been held by Mr. Justice Gaselee, that even since the stat. 7 Geo. 4, c. 64, s. 20, it is necessary that the offence should be laid to have been committed in some parish in the county, even in cases not local; and there is no such parish as that stated. J. Jervis, amicus curiæ, stated, that this very objection had been over-ruled by Mr. Justice Littledale, with respect to this very parish. Mr. Justice PARK.-Knowing the extreme accuracy of my brother Littledale, in all matters of pleading, I have no difficulty in holding this good. Carrington, for the prosecution. F. V. Lee, for the prisoner. Verdict-Guilty. [Attornies-Hayes & Hinchcliffe, and Wilson.] ББ? |