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King George the Fourth, intituled, 'An Act to amend the general laws Die in being for regulating turnpike roads in that part of Great Britain illed England, [3 Geo. IV. c. 126, s. 32, and see the enactment, post,

9. Tolls. & 2 Will. 4, c.62.

ljudged not to extend to stage-coaches, stage-coaches, waggons, &c., to pass in
le carriage itself not being there hired the following manner; viz, horses draw.
į the respective passengers, but simplying any such carriage as thereinbefore
le vehicle of their conveyance; and mentioned, to be respectively allowed
herefore that such stage-coaches were to pass along the road on payment of
ree of toll under the former clause by full toll going, and quarter toll return-
ne payment in the day, although re. ing, at any time during the same day.
urning with different passengers and Horses passed through a gate, drawing
lifferent horses, the horses being the a stage coach, and full toll was paid
ame in number. (Williams v. Sangar, for them : they returned the same day,
0 East, 66).

drawing another stage-coach, and the
And, in another case, where, by a lessee exacted full toll :-Held, that the
rcal turnpike act, (stat. 2 Geo. III. c. lessee ought, by his covenant, to have
tvü.), a toll was imposed upon car demanded quarter toll only. (Fenton v.
lages, and not on the horses drawing Swallow, 1 Adol. &. Ell. 723).
bem; with a provision that no person But where a turnpike act imposed a
ating paid such tolls, and producing a scale of tolls upon horses only, drawing
icket, &c., should be again liable on or not drawing carriages respectively, as
the same day; and, by a subsequent the case might be, and by a clause of
uct, reciting the former one, the tolls exemption it was provided, that no per.
sere repealed, and other tolls were im. son should be liable to pay toll more
vosed in respect of the horses drawing than once for passing and re-passing the
nd not the carriages; but continuing gates on the same trust, at any time in
1 the former provisions, &c., of the for any one day, with the same horses and
er act:-Held, that no fresh toll was carriages through the same toll-gate,
mandable on the same horses return. but that every person having paid toll

the same day, although drawing a once should afterwards pass and re-pass fferent carriage. (Gray v. Shilling, 2 with the same horses and carriages toll

& B. 30; 4 Moore, 371, S. C.) free, during the same day, through the And where the act imposed a toll, same gate where such toll was paid; st, upon every carriage drawn by a stage-coach drawn by four horses rses, then upon every horse not having passed through a gate on the asing, and then upon every drove of trust and paid the toli in the morning, en or cattle, with a proviso, “ that no and in the evening of the same day the re than one toll sbould be taken same horses, drawing a different coach, in any person re-passing on the same of the same name, belonging to the with the same horses, cattle, beasts, same proprietors, driven by the same

carriages," a stage-coach, drawn coachman, but carrying different pasI four horses, paid the toll in the sengers and parcels for hire, attempted orning, and in the evening of the same to re-pass through the gate, and a second y re-passed with the same driver, but toll was demanded and refused, and th different horses and passengers; the collector seized one of the horses was beld, that a second toll was not until it was paid :-Held, in trespass for yable. (Waterhouse v. Keen, 6 D. seizing and detaining the horse, that the R. 257; 4 B. & C. 200, S. C.) action could not be sustained, the carA local turnpike act imposed tolls for riage and horses not being exempt from ery horse drawing any coach, and a second toll. (Loaring v. Stone, 3 D. her tolls upon every horse not draw. & R. 797 ; 2 B. & C. 515, S. C.) The Bi it provided, generally, that, if the ground of this decision seems to have Is had in any one day been paid for been, that the word “ carriage" could

passing of any horse, such horse have had no operation whatever, unless ould on that day be permitted to re- the second toll was due. But this does s once toll free; but enacted, that not distinguish it in a satisfactory way e tolls for horses drawing any stage. from Jackson v. Curwen, supra; and sich should be payable every time of Mr. Wellbeloved and Mr. Woolrych, asing. The trustees let the tolls, in their Treatise on Highways, have the power to collect them according to expressed opinions that the two cases

act, and subject to such rules and cannot be reconciled.
strictions as should be made by the A turnpike act contained a clause,
atees; and the lessee covenanted with that, if any person should upon any day
trustees to permit the owners of have paid the toll thereby authorized to

A A A

Vol. III.

9. Tolls.

1 & 2 Will.4, c. 25.

Cattle going to pasture, or to be shod, &c., exempt from toll.

Act not to prejudice foriner acts.

Act not to extend to gates near London.

Officers and sola diers exempt from toll.

723], and of several other acts amending the same, cattle going to cz from water or pasture, and passing on such turnpike roads, or froz being shoed or farried, are exempted from tolls; for the removal therr fore of such doubts,” it is enacted, “That no toll shall be demandele taken for or in respect of any horse, ass, sheep, swine, or other beas cattle of any kind going to or from water or pasture (a), or to or fre being shoed or farried, and passing on any turnpike road, provided this such horse, ass, sheep, swine, or other beast or cattle of any kind do ei pass upon such turnpike road more than the space of two miles, going to or returning from water or pasture, or to or from being shoed or fartiel."

By the 2nd section of this act, toll was not to be taken for any bors. cart, &c. employed in the performance of statute labour. State labour is now abolished. (See ante, 698).

Sect. 3. “All and every the powers, provisions, authorities, penaltina and forfeitures contained in the said recited act, and in the several oth: acts for regulating turnpike roads in England, (save and except se parts thereof as are varied, altered, or repealed), shall be as good, taim and effectual for carrying this act into execution as if the same had the repeated and re-enacted in the body of this act, and that the said recit. act and this act shall be construed together as one act.”

Sect. 4. “The provisions of this act shall not be applicable to anytor pike gate or bar, or to any cattle passing through the same, unless said gate or bar shall be situate more than six miles from London Bride

Officers and Soldiers exempt from Toll.]—By 6 & 7 Vict. c.&“Ali her Majesty's officers and soldiers, being in proper staff or to mental or military uniform, dress or undress, and their horses (bd 1? when passing in any hired or private vehicle), and all recruits mere ing by route, and all carriages and horses belonging to her Majesty employed in her service, under the provisions of this act, (pose," NI Law"), when conveying persons or baggage, or returning therefrun, be exempted from payment of any duties and tolls on embarking on embarking from or upon any pier, wharf, quay, or landing pa passing turnpike roads or bridges, otherwise demandable by virts! any act already passed or hereafter to be passed ; and any toll-cueca who shall demand and receive toll from any of her Majesty's or soldiers, they being in proper staff or regimental or military andur, dress or undress, or for their horses, or from any recruits were route, or for any carriages or horses belonging to her Majesty ea in her service when conveying persons or baggage under the pri** be taken for the passing of any horse, veyance of goods he made eerst cattle, beast, or carriage, through any each parcel. His waggons were one of the toll gates or turnpikes erected ployed in carrying goods to me under the act, such horse, &c., should, persons residing at or near a ples upon the production of a ticket, &c. be L., or places intermediate between permitted to pass through any of the said and S., almost every day escere turnpikes during the same day, without days. The waggons went out payment of any further toll; but by a turned at different hours, some proviso, all horses drawing any stage. circumstances; on some days they coach, diligence, van, caravan, or stage. more journeys than on others; waggon, or other stage carriage, con seldom omitted going altogether veying passengers or goods for pay, had no office or receiving-boue et were exempted from the above clause. Held, that R.'s waggons were at R. was a wharfinger and agent to a waggons or carriages within the company, who were carriers of goods of the proviso, and therefore by canal. R. kept waggons and horses, excluded from the above clause which he employed in carrying out Ruscoe, 8 Ad. & E. 386; 3.S. goods brought by the company to his 428). wharf, situate at S., for persons in the (a) A horse ridden to fetch tor neighbourhood, and bringing goods from from pasture woald not, it sa the neighbourhood to his wharf, for exempt. (See Harrison v. Bra transit by the canal. For such his con T.R. 706).

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this act, every such toll-collector shall forfeit and pay any sum not 9. Tolls. ceeding 31. for every such offence, for which forfeiture and penalty he

6 & 7 Vict. c. 3. ill be prosecuted before a justice of the peace.” (See post, Miliy Law"). The same with Officers and Marines. —And by 6 & 7 Vict. c. 4, s. 52, The same with all officers and marines being in proper uniform, dress or undress, and officers and ma

rines. eir horses, but not when passing in any private or hired vehicle, and recruits marching by route, and all carriages and horses belonging to r Majesty, or employed in her service, under the provisions of this act, hen employed in conveying persons or baggage, or returning therefrom, all be exempted from the payment of any duties and tolls on embarkg or disembarking from or upon any pier, wharf, quay, or landing ace, or passing turnpike roads or bridges, otherwise demandable by rtue of any act already made or hereafter to be made; and if any toil lector shall demand or receive toll from any marine officer or marine ho shall be in proper uniform, dress or undress, or for their horses, and 10 by this act is exempted from payment thereof, or from any recruits arching by route, or for any carriages or horses belonging to her Masty or employed in her service when conveying persons or baggage ader the provisions of this act, every such collector shall for every such fence be liable to a penalty not exceeding 51.(Post,Military Law').

The same with Horses, &c., in Service of Police. By 2 & 3 Vict. The same with . 47, s. 10, “No toll shall be demanded or taken on any turnpike road horses, &c. in

service of police, p bridge for any horse or police van passing along such road or bridge

the service of the metropolitan police; provided that the rider of
ch horse or driver of such van shall have his dress and accoutrements
cording to the regulations of the police force at the time of claiming
2 exemption; and every person who shall fraudulently claim or take

benefit of the exemption from toll herein contained, not being law-
ly entitled thereunto, shall for every such offence be liable to a
ialty not more than 51.; and in all such cases the proof of exemption
Il be upon the person claiming the same.”
By 3 & 4 Vict. c. 88, s. 1, after reciting that “An act was passed in the
t session of Parliament, intituled, An Act for the establishment of
aty and district constables by the authority of justices of the peace;'
1 it is expedient to make additional provisions for facilitating the
zeption thereof, and otherwise to amend the same," it is enacted,
That no toll shall be demanded or taken on any turnpike road or
Idge for any horse or police van, carriage, or cart, passing along such
vd or bridge, in the service of the police established under the pro-
cons of the said act; provided that the constable in charge of such
rse, van, carriage, or cart, if not the chief constable, shall produce an
ler in writing under the hand of the chief constable, or shall have

dress according to the regulations of the police force at the time of
iming the exemption ; and every person who shall fraudulently
im or take the benefit of the exemption from toll herein contained,
I being lawfully entitled thereunto, shall for every such offence be
ble to a penalty not more than 5l., and in all such cases the proof of
emption shall be upon the person claiming the same.” (See post, 728).
Overweight, &c. 7-As to the exemptions from extra toll for overweight Exemptions from
breadth of wheels, see ante, 712.

extra toll for

overweight. Other Exemptions. 7–By the stat. 3 Geo. IV. c. 126, s. 32, “ No toll Exemptions from

tolls: all be demanded or taken by virtue of this or any other act or acts of tol liament, on any turnpike road, for any horses or carriages attending Horses and car

riages attending Majesty or any of the royal family, or returning there from *(a); or hig

his Majesty, &e. a) By 4 Geo. IV. c. 95, s. 24, “ No acts for making or maintaining turneball be demanded or taken by vir. pike roads, for any horses or carriages of the said recited act, [3 Geo. IV. attending or going to attend, or return. 125), or this act, or any other act or ing from having attended his Majesty,

A A A 2

• Sic.

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9. Tolls. of or from any person or persons, for any horse or horses or other beast

or cattle, or for any waggon, wain, cart, or other carriage [by 4 Geo. IV. conveging materials in roads c. 95, s. 10, post, 728, the wheels must, to entitle a person to the exetup and bridges s'; tion, be four and a half inches wide employed in carrying or con

veying, or going empty to fetch, carry, or convey, or returning empty from carrying or conveying, having been employed only in carrying or conveying, on the same day, any stones, bricks, timber, wood gravel, or other materials for making or repairing any turnpike mai or public highway, or for building, rebuilding, or repairing any po sent or any future bridge or bridges (6) on any such road or pual: high way, or of or from the surveyor of any turnpike road when engek: in executing or proceeding to execute, within the limits of his on any adjoining trust (c) the powers of this or any other act or acta

Parliament for repairing, maintaining, or relating to any tumpike ros; or manure (ex. or for any horse, beast, or other cattle or carriage employed in carryir: cept limej;

or conveying, having been employed only in carrying or conveying the same day, any dung, soil, compost, or manure, (save and except lime) (d) for improving lands, or any ploughs, harrows, or impleme of husbandry; (unless laden also with some other thing not here: exempted from toll); [see this provision as to manure, &c., amences

and explained by the 5 & 6 Will. 4, c. 18, and other acts, ante, 717); or agricultural

any hay, straw, fodder for cattle, and corn in the straw, which produce not sold grown or arisen on land or ground in the occupation of the owner of a or for sale;

such hay, straw, fodder, or corn in the straw, potatoes, or other agrice

tural produce, and which has not been bought, sold, or disposed of 11 or for horses em nor is going to be sold or disposed of; or for any horses or other beassi ployed in husband- employed in husbandry going to or returning from plough or bart, ry, &c. (e) ;

or to or from pasture or watering place ($), or going to be or return from being shoed or farried, such horses or other beasts not going returning on those occasions more than two miles on the turnpike me

on which the exemption shall be claimed ; [see the 1 & 2 WC! or for going to or c. 25, ante, 720, explaining and embodying this provision]; ordu

from any person or persons going to or returning from his, her, or taken

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or any of the royal family; any thing in
any act or acts to the contrary notwith
standing."

It is laid down in the books, that
neither the king, (Com. Dig. Toll. G.
1 Palm. 85), nor the queen-consort
pays toll (Co. Litt. 133); and it would
seem that the queen-dowager is also
exempted from the payment of tolls, as
she retains most of her privileges after
the death of the king, her husband. But
it does not appear that the rest of the
royal family, though they are usually
exempted from the liability to pay tolls
by particular statutes, have any common
law right to such exemptions. (See
Chitty on the Prerogatives of the
Crown."') It would also seem that the
horses and carriages of the king, queen,
and queen-dowager, are not liable to the
payment of turnpike toll, although those
royal personages are not accompanying
them at the time. The above enact-
ments, it will be seen, exempt from the
payment of tolls horses or carriages at.
tending &c. his Majesty or any of the
royal family, although such horses or
carriages are not their property. It
would seem that the word * attend.

ing" in these enactments means | companying

(a) See ante, 717; and see post, i

(0) This is an extension of to Geo. III. c. 84, s. 60; upon was held, that a bridge was not a highway within a similar clause..." mond v. Widdicombe, 2 B. XAS.

(c) The 3 Geo. IV. c. 126, eru the limits of the exemption to joining trust, but that enactmeu pealed.

(d) Unless specially liable way local act. (See 4 Geo. IV.C. ante, 719. See as to lime, por

(e) These exemptions in agriculture are to be benencia

Portal strued. (Hickinbotham v. Moore, 185; 8 Taunt. 795, S. 717, n. (C)).

() In a local turnpike arh going to or returning from pasture, and "horses attending cattle returne from pasture," were exempleu held by the court, that a borse ridder ti held by the cou the owner of the cattle at pasturc, order to fetch them from pisce not come within either of the (Harrison v. Brough, 67..

were exempted. It

pasture, die

e within either of the exceptions

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oper parochial church or chapel, or of or from any other person or per- 9. Tolls. is going to or returning from his, her, or their usual place of religious

returning from rship tolerated by law, on Sundays, or on any day on which divine Churches, vice is by authority ordered to be celebrated (a); or of or from any or for attending habitant of any parish, township, or place, going to or returning from funerals; ending the funeral of any person who shall die and be buried in the rish, township, or hamlet in which any turnpike road shall lie ; or or from ministers

attending their om any rector, vicar, or curate going to or returning from visiting any day

duty; ek parishioner, or on other his parochial duty within his parish ; or or for

or for conveying r horses, carts, or waggons employed only in carrying or conveying vagrants ; ay vagrant sent by a legal pass; or any prisoner sent by any legal or prisoners; arrant, or returning empty after having been so employed; or for any or for conveying orses or carriages, of whatever description, employed or to be employed

the mails; 1 conveying the mails of letters and expresses under the authority of is Majesty's post-master-general, either when employed in conveying, tching, or guarding such mails or expresses, or in returning back om conveying or guarding the same; or for the horse or horses of any or for horses of ficers or soldiers on their march or on duty; or for any horse or horses

officers or soldiers

on duty; r other beast, or any cart, carriage, or waggon employed in carrying or or for conveying onveying, or returning empty from carrying or conveying, having baggage or any been employed only in carrying or conveying the arms or baggage of public stores;

sick, ordnance, or my such officers or soldiers, or employed in carrying or conveying, or returning empty from having been employed only in carrying or conveying any sick, wounded, or disabled officers or soldiers; or for any Faggon, wain, cart, or other carriage whatsoever, or the horse or horses

other cattle drawing the same, employed in conveying any ordnance, r barrack, or commissariat, or other public stores of or belonging to his lajesty, or for the use of his Majesty's forces, or returning empty from aving been so employed; or for any carriage conveying volunteer or for horses and fantry, or for any horse furnished by or for any person belonging to corrase esmanYy. ny corps of yeomanry or volunteer cavalry or infantry, and rode by him I going to or returning from any place appointed for and on the days

exercise, inspection, or review, or on other public duty, provided that ich person shall be dressed in the uniform of his corps, and shall have is arms, furniture, and accoutrements, according to the regulations of ich corps, at the time of claiming the exemption; or for any horses or or for conveying

persons to or from irriages carrying or conveying any person or persons to or from any pe

county elections. section or elections of a knight or knights of the shire to serve in "arliament for the county or counties in which such turnpike road shall e situated; or for any horses or carriages which shall only cross any or for crossing

roads, or not passampike road; or shall not pass above one hundred yards thereon." ;

ing above 100 By 4 & 5 Vict. c. 33, s. 1, after reciting that doubts were enter- yards thereon. lined whether, under the provisions of 3 Geo. IV. c. 126, and of To what horses,

carriages, &c. veral other acts amending the same, asses, beasts, or cattle, other than this part of enactorses, or waggons, carts, or vehicles, other than carriages, which shall ment to extend to. aly cross any turnpike road, or shall not pass above one hundred ards thereon were exempted from tolls, it was, for the removal of such oubts, enacted, “ That no toll shall be demanded or taken for or in espect of any horse, ass, sheep, swine, or other beast or cattle, of any ind whatsoever, or of any waggon, cart, vehicle, or other carriage, of

&c.;

(a) The next section limits this ex. option to places at five miles and more Istance from London. (See post, 727).

here a local turnpike act exempted ersons from toll, in going to, and re. arning from, their proper parochial barch, chapel, or other place of reli. pous worship on Sunday; it was held, that the word “ parochial” extended

over the whole clause, and, therefore, that
a dissenter was not within the exemption,
in going to and returning from his proper
place of religious worship, situate out of
the parish where he resided. (Lewis v.
Hammond, 2 B. & Ald. 206). It will
be observed, however, that the above
exemption is more extensive than in the
act on which the above decision turned.

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