9. Talls. 3 Geo. 4, c. 126. Additional weights for carriages built with springs. Two-wheeled drays drawn with three horses, in London, or within the bills of mortality, allowed 2 tons 16 cwt Additional tolls for overweight (a). in summer, and six ton in winter; to every cart or other such tre wheeled carriage, having the fellies of the wheels thereof of the like breadth, together with the loading of such carriage, three ton te hundred weight in summer, and three ton in winter; to every was gon, wain, or other such four-wheeled carriage, having the fellies of the wheels thereof of the breadth of six inches and less than nine inches the bottom or soles thereof, together with the loading of such carriag four ton fifteen hundred weight in summer, and four ton five hundred weight in winter; to every cart or other such two-wheeled carriage having the fellies of the wheels of the breadth last mentioned at the bottom or soles thereof, together with the loading of such last-mentist: carriage, three tons in summer, and two tons fifteen hundred weight in winter; to every waggon, wain, or other such four-wheeled carriag having the fellies of the wheels thereof of the breadth of four inches and a half, and less than six inches at the bottom or soles thereof, tige ther with the loading of such carriage, four ton five hundred weight in summer, and three ton fifteen hundred weight in winter; to every cart or other such two-wheeled carriage, having the fellies of the whar thereof of the breadth last-mentioned at the bottom or soles theref together with the loading of such carriage, two ton twelve hundred weight in summer, and two ton seven hundred weight in winter; every waggon, wain, or other such four-wheeled carriage, having fellies of the wheels thereof of a less breadth than four inches and a ha at the bottom or soles thereof, together with the loading of such carriag three ton fifteen hundred weight in summer, and three ton five bat dred weight in winter; to every cart or other such two-wheeled carriage, having the fellies of the wheels thereof of the breadth last m tioned, together with the loading of such carriage, one ton fifteen hu dred weight in summer, and one ton ten hundred weight in winter: and for the several purposes of this act, it shall be deemed summer fr the first day of May to the thirty-first day of October, both days inLE sive, and winter from the first day of November to the thirtieth day April, both days inclusive." [See 4 & 5 Will. IV. c. 81, infra.] Sect. 13. "To every caravan, or other four-wheeled carriage used fr the conveyance of goods, and built and constructed with springs s be allowed the weights following; that is to say, for every such came three tons and fifteen hundred weight in winter, and four tous ve dred weight in summer." (See next section). By the 4 & 5 Will. IV. c. 81, after reciting the above 12th and 1 sections, and that "doubts have arisen whether the said last-recited pr vision extends to waggons, wains, and other such wheeled carriages when built and constructed with springs, although such waggons, Wads and other four-wheeled carriages, if not on springs, would be comp hended within the said first-recited provision:" it is enacted, “Tha: said last-recited provision shall not be deemed or construed to extend! waggons, wains, or other four-wheeled carriages having the fellies af the wheels thereof of the breadth of not less than four inches and a La at the bottom or soles thereof, notwithstanding the same may be buil and constructed with springs; any thing in the said recited act or any other act to the contrary notwithstanding." By 3 Geo. IV. c. 126, s. 14, "To each and every dray with tw wheels of not less than four inches and a half in breadth, and drawn by not more than three horses, and used in London, or within the bills mortality, there shall be allowed at all times of the year, together wit the loading of such dray, the full weight of two tons sixteen hundre weight; any thing in this or any other act of Parliament to the co trary notwithstanding." Sect. 15. "It shall and may be (a) Under the prior act, 12 Geo. III. c. 82, s. 2, it was held, that the addi lawful for all trustees and commi tional toll to be paid by waggons ove weight, must be according to the pe 9. Tolls. sioners appointed by or under any act or acts of Parliament for the making or maintaining of any turnpike road, or for any person or per- 3 Geo. 4, c. 126. sons authorized by them, and they are hereby empowered and required to receive, take, and demand, over and above the tolls payable by any act or acts of Parliament now in force, or hereafter to be passed, the following sums of money as additional toll for every hundred weight of one hundred and twelve pounds to the hundred, which any waggon, cart, or other such carriage, together with the loading thereof, shall weigh at any weighing engine over and above the weights hereinbefore allowed to each of them respectively, (that is to say), for the first and second hundred of such overweight, the sum of three pence for each hundred; for every hundred of such overweight above two hundred and not exceeding five hundred, the sum of sixpence; for every hundred of such overweight above five hundred and not exceeding ten hundred, the sum of two shillings and sixpence; and for every hundred of such overweight exceeding ten hundred, the sum of five shillings; which said additional sums or tolls hereby granted and made payable at any weighing engine, shall and may be levied and recovered in any of the cases aforesaid, in such manner as any other toll or duty payable on the road on which any such weighing engine shall be erected, is or shall be by law to be levied and recovered, and the monies arising therefrom shall be applied to the repairs of the turnpike road on which the same shall be re covered." By the 19th section, no composition was allowed to be made for tolls Composition for. for overweight; but that provision is repealed by 4 Geo. 4, c. 95, s. 12. See post, 729, as to the reduction of tolls for overweight. By 2 & 3 Will. IV. c. 124, intituled, "An Act to explain certain provisions in local acts of Parliament relating to double toll on turnpike roads," (16th August, 1832), after reciting that "Divers local acts now in force For making, repairing, and improving turnpike roads in that part of Great Britain called England, authorize tolls to be collected and taken it certain toll gates and turnpike gates erected upon or on the sides of such turnpike roads, for or in respect of waggons, carts, and carriages, or the horse or horses or other beast or beasts drawing the same, passing through the said toll gates and turnpike gates: and that many of the said acts authorize double toll to be taken at such toll gates or turnpike ates at particular periods of the year, for or in respect of waggons, arts, or carriages laden with several heavy goods and articles therein respectively specified, or for or in respect of the horse or horses or other beast or beasts drawing the same, passing through the said gates: and that doubts have arisen as to the construction of the said provisions relative to double toll; and in many cases treble tolls have been demanded and taken for carriages and horses, liable in the first instance to single toll only, passing through the said gates, but which have afterwards repassed on the same day laden with such articles as rendered them liable to double toll, in which case double toll has been demanded and paid on such repassing" it is enacted, "That in every case in which by virtue or under the authority of any local act now or hereafter to be made, for making, repairing, or improving any turnpike road in that part of Great Britain called England, double toll as aforesaid shall be imposed on any waggon, cart, or other carriage, or any horse or horses, or other beast or beasts drawing the same, which at the time of first passing through any turnpike gate or toll gate shall have been liable to and shall have paid single toll only, shall, on repassing through the same turnpike gate or toll gate on the same day, before twelve of the clock at night, so laden as to be subject to double toll, be liable to pay one other single toll only and no more, making, together gressive proportions named in that act, and not a gross charge at the highest additional toll incurred upon the gross overweight. (Chamberlain v. Long- Reduction of tolls for. Explanation of local acts as to double tolls. turnpike gate, and Carts, &c., having passed through a paid single toll thereat, upon reas to be subject to double toll, shall only one more single toll. turning so laden be liable to pay 9. Tolls. 2 & 3 Will. 4, c. 124. Penalty for overweight not to be twice incurred on same day, &c. Exemptions from tolls not to extend to tolls for overweight, unless such tolls are also specially exempted. Regulations as to weight, &c., not to extend to certain coaches, &c. Carriages convey. ing king's stores, &c. of metal, &c. Carrying manure, &c. with the toll first paid, two single tolls in the whole; any thing in ay local act or acts to the contrary in anywise notwithstanding." Sect. 2. "Provided also, that henceforth, notwithstanding any provi sion to the contrary, any waggon on which a penalty for overweight has been levied shall, on receipt of a ticket to that effect, be exempted from any further penalty for overweight on that day and on the same trust. provided there be no alteration of the loading of such waggon." It will be seen that this latter provision omits the usual words "cart or wain, or other carriage." Exemption from Tolls, &c., for Overweights.]-By 4 Geo. IV. c. s. 17, "In case where any exemption from toll shall be claimed allowed under the provisions of the said recited act [3 Geo. IV. e. 125 or this act, or any other act or acts of Parliament for repairing and maiataining any turnpike road, such exemption shall not extend to or he allowed for the additional tolls imposed by the said recited act, and directed to be taken for every hundred weight, of one hundred an twelve pounds to the hundred, which any waggon, cart, or other steh carriage, together with the loading thereof, shall weigh at any weighing engine, over and above the weights in and by the said recited act allowed to each of them respectively, unless the waggon, wain, cart, or other s carriage, in respect of which the exemption shall be claimed, shall kewise be by the said recited act, or this or some other act or acts, cially exempted from such additional tolls for overweight; but in cases (where not specially exempted) the said additional tolls shall a paid, and only the original toll allowed." Sect. 19. 66 Nothing in the said recited act [3 Geo. IV. c. 126] or this act contained, relating to the breadth of the wheels of carriages, or ja the regulations of weight, or to the tolls payable in respect of the wheds or of the weight of carriages, shall extend or be construed to extend any chaise marine, coach, landau, berlin, barouche, phaeton, socia chariot, calash, hearse, break, chaise, curricle, gig, chair, or any cart, not drawn by more than one horse or two oxen. or taxed car, any By 3 Geo. IV. c. 126, s. 35, "No person owning or driving, or ess ing to be driven, any waggon, wain, cart, or other carriage, provided fr the service of his Majesty's forces, or conveying any ordnance, or a rack, or commissariat, or other public stores of or belonging jesty, or for the use of his Majesty's forces, shall be subject to any tional toll, penalty, or forfeiture for overweight; nor shall waggon, wain, cart, or other carriage, or the horse or horses drawing the same, while so employed, be stopped or detained by reason of y weight in any such waggon, wain, cart, or other carriage, or of besz drawn by any number of horses or oxen; but it shall be lawful for the owner or driver of any such waggon, wain, cart, or other carriage, ta put any number of horses or oxen to such waggon, wain, cart, or other carriage; any thing in any act or acts of Parliament relating to high ways or turnpike roads, or in this act contained to the contrary withstanding." By 4 Geo. IV. c. 95, s. 21, “The regulations of weight in the recited act [3 Geo. IV. c. 126] or this act, mentioned and provide shall not extend to any waggon, wain, cart, or other carriage, carryin only one block, plate, roll, or vessel of iron or other metal, or esta pounded of any two or more metals cast, wrought, or united in one piece. By 3 Geo. IV. c. 126, s. 16, "The regulations of weight hereinbefor mentioned and provided shall not extend, or be deemed or construed t extend, to any waggons, carts, or other carriages carrying only ma nure (a) or lime for the improvement of land, or any hay, straw, fodde (a) A cart, having carried some fruit to its owner's house in London, returned with a load of manure, and the empty fruit baskets; and it was held to b within the exemption. (2 Campo. 393 or corn unthrashed, except hay, straw, fodder, or corn carried for sale; nor to any waggons, carts, or other carriages, carrying only one tree or one log of timber, or one block of stone, or one cable or rope; nor shall he said regulations of weight extend to any chaise marine, coach, berin, barouche, sociable, chariot, calash, hearse, break, gig, chaise, or axed cart." Weighing Engines, and Mode of enforcing Tolls for Overweight.]-By 3 Geo. IV. c. 126, s. 21, “It shall and may be lawful for the said trustees or commissioners, at any of their respective meetings, if they think proper, to order (a) and cause to be built and erected, at any of the turnpikes or toll gates on the roads under their care and management, or at such distance therefrom as they shall think expedient, one or more grane or cranes, machines, or engines, with a suitable house or other building thereto, proper for the weighing of waggons or carriages conveying any goods or merchandize whatsoever, and by notice on a board or that purpose, to be put up at every such weighing machine, to order nd direct all and every such waggons or carriages which shall come vithin one hundred yards of any crane, machine, or engine, to be weighed, together with the loading thereof." Sect. 25. "When two or more turnpike roads meet at or near the same place, it shall and may be lawful for the trustees or commissioners of such turnpike roads respectively, at a meeting to be held for that purpose, to fix upon some convenient place to erect a weighing engine upon, which will accommodate all such turnpike roads, and, by agreement amongst themselves at such meeting, to proportion the expenses which nay attend the making, erecting, maintaining, and keeping in repair uch weighing engine, and likewise the money arising from forfeitures be incurred for overweight at such weighing machine, amongst all ach turnpike roads, in such manner as to them shall appear just and asonable (b)." Sect. 20 imposes a penalty for unloading, &c., goods, &c., to evade le payment of the toll for overweight. (See the section, post, 734). Sect. 22. "The keeper of every toll gate or bar where any weighing ngine shall be erected, or any other person appointed or to be appointed the trustees or commissioners, or by their lessee or lessees, to the care such weighing engine, shall, and is hereby required to weigh all such argons, carts, and other carriages liable to be weighed, which shall pass led through such gates or bars respectively, and which he shall be jeve to carry greater weights than are allowed to pass without paying he said additional toll; and if any collector or person so appointed shall ermit any such waggon, cart, or other carriage, to pass by or through By such toll gate with greater weights than are hereby allowed, withat weighing the same and receiving such additional tolls as aforesaid, ehall, for every such offence, forfeit the sum of 51.; and if the owner r driver of any waggon, cart, or other carriage, shall refuse to allow the ame to be weighed, or shall resist any gate keeper or toll collector in weighing the same, every owner or driver so offending shall forfeit and ay any sum not exceeding 57." Sect. 23, "In order to detect the said collector or receiver in any fraudulent contrivance or neglect of duty in the matters aforesaid, acts, "That it shall and may be lawful for any trustee or commisner, or surveyor of every turnpike road, if he shall suspect any such Canivance or neglect as aforesaid, to cause any waggon, cart, or other carriage which shall have passed through any toll gate where any weighiLz engine shall be erected, and shall not have passed above three hundred yards beyond such toll gate, to return to such weighing engine, and be there weighed with the loading which passed through such toll gate, in the presence of such trustee or commissioner, or surveyor, upon (a) See form No. 90, post. (b) See form No. 92, post. 9. Tolls. 3 Geo. 4, c. 126. Surveyors to make convenient places for turning carriages where weighing engines are erected. Drivers refusing to return, to forfeit not exceeding 51. Tolls for overweight, &c. ex empt from poor's rate, &c. Waggons, &c., having the fellies of wheels of less breadth than four and a half inches to pay one-half more than the toll payable on waggons, &c., having six-inch wheels. requiring the driver thereof to drive such carriage back to such weighing engine, and upon paying or tendering to him the sum of 1s. for so doing, which sum of 1s. shall be returned to the person paying the same, if upon weighing such carriage and the loading thereof it shall be found above the weight hereby allowed." Sect. 24, "For the better enforcing the authority of this act," enacts, "That the surveyors of every turnpike road shall, and they are hereby authorized and required to make convenient places for turning such carriages upon every such turnpike road where any weighing engine shall be erected, within three hundred yards of such toll gate, on each side thereof, if the ground will admit of the same; and if the driver of any such carriage, being so requested to return with his carriage to such weighing engine, shall neglect or refuse so to do, he shall forfeit any sam not exceeding 51.; and it shall and may be lawful for any peace offer or other person or persons being then present, upon such neglect or re fusal, to drive and take such carriage back to such weighing engine, in order to be weighed as aforesaid.” Tolls for Overweight exempt from Poor's Rates.]-See ante, 65, tolls or penalties for overweight, or any person in respect of the same, &c., not being liable to be rated or assessed towards the poor's rates, or any other public or parochial rate or levy whatsoever. 4. TOLLS FOR NARROW WHEels. payment of any By 3 Geo. IV. c. 126, s. 7, "From and after the said first day of J nuary, 1823, the trustees or commissioners appointed by virtue or under the authority of any act or acts of Parliament made or to be made a making or maintaining any turnpike road, shall, and they are her required to demand and take, or cause to be demanded and taken, 5: every waggon, wain, cart, or other such carriage, having the fellies the wheels thereof of less breadth than four and a half inches at bottom or soles thereof, or for the horse or horses or cattle drawing same, one-half more than the tolls which are or shall be payable for at carriage of the same description, having the wheels thereof of the brea of six inches; and for every waggon, wain, cart, or other such carriag shall be four and a having the fellies of the wheels thereof of the breadth of four and a Lar inches, and less than six inches at the bottom or soles thereof, or for the horse or horses or other cattle drawing the same, one-fourth more than the tolls or duties which are or shall be payable on any carriage of the like description, having the wheels thereof of the breadth of six inches by any act or acts of Parliament now in force, or hereafter to be pasect for making or maintaining any turnpike road, before any such wa wain, cart, or other carriage respectively shall be permitted to through any turnpike gate or gates, bar or bars, where tolls shal payable by virtue of any such acts (a)." (See post, 728), Where the wheels half inches and less than six inches in breadth, onefourth more toll shall be paid. Where waggons or Sect. 9. "Where any waggon or cart shall have the sole or bottor carts are construct the wheels thereof rolling on a flat surface, and the nails of the tire such wheels countersunk and be cylindrical, (that is to say), of same diameter on the inside next the carriage as on the outside, so when such wheels shall be rolling on a flat or level surface, the wh breadth thereof shall bear equally on such flat or level surface, and s ed in a particular manner, trustees may make order that the toll to be taken shall not be less than twothirds of the full toll. ⚫ Sic. (a) Where a turnpike act, passed after the 13 Geo. III. c. 84, imposed a toll of 18. 6d. on every four-wheeled waggon, with wheels of a less breadth than six inches, and drawn by four horses; 18. on every such waggon drawn by three horses; 9d. by two, and 44d. by one; and so in like proportion on waggons with two wheels drawn by four, three, two, or one horse or horses; it was held, that only those respet sums could be demanded for toi. & that the 23rd section of the 13 (III. c. 84, by which one-half more the toll payable for waggons with wo of a less breadth than six inches n be taken, was virtually repealed by t other act. (Ridge v. Garlick, 2 Mour 481; 8 Taunt. 424, S. C.) |