(175a) By this statute the same justice who received the information must adjudicate (see 4 Geo. 4, c. 95, s. 83), but sect. 29 of the 11 & 12 Vict. c. 43, renders this inconvenient practice unnecessary (see ante, p. 7). (176) If sum exceed 40s., to the next general or quarter sessions after conviction, (or if not in time to give the notice, &c. hereinafter mentioned, to the next following sessions,) the appellant first giving to the justice notice in writing of his or her intention to bring such appeal, and of the matter thereof, within six days after conviction, and within four days after such notice entering into recognizances before some justice, with two sufficient sureties, to try appeal, &c. (4 Geo. 4, c. 95, s. 87.) OFFENCES within the 11 & 12 VICT. c. 43. Statute. TURNPIKE ROADS-continued. I. OFFENCES BY TOLL COLLECTOR-continued. 12. Examination of Waggons, &c.] Any collector, or his deputy, or any person appointed to collect tolls, allowing waggon, cart or other carriage to pass before measurement and examination made, the same having been required. 3 Geo. 4, c. 126, s. 11 (Note 175, ante, p. 220). 13. Neglecting to sue for Penalties, &c.] Permitting or suffering any waggon, &c. to pass upon turnpike road, &c., within his view, or with his knowledge, with wheels of a less breadth or different construction than allowed by act, or without names, &c. painted thereon, and not within one week proceeding for recovery of penalty. 14. Weight of Waggons, &c.] Permitting loaded waggon, &c., liable to be weighed, to pass with greater weight than allowed without weighing and receiving additional toll. Id. s. 52. Id. s. 22. 15. Exemptions.] (See Note 178, post, p. 224.) Refusing to give ticket to driver of waggon, &c. exempt, on receiving toll, Id. s. 27. or 16. Refusing or neglecting to return same toll upon return of such waggon, &c., and redelivery of ticket. II. OFFENCES BY SURVEYOR. 17. Holes or Pits made in getting Materials.] Neglecting to fence off and support and repair same during time remaining open, or 18. Within 3 days after pit or hole opened, where no materials found, to forthwith fill up same, or 19. Where materials found, within 14 days after sufficient dug out and not further useful, to fill up same, &c. or 20. And, if likely to be further useful, to secure same by posts and rails, &c. to prevent accidents. 21. Neglecting to fill up, &c. for 6 days after receiving notice for either of those purposes from any justice, or owner or occupier of ground, &c. Id. s. 99. Id. OFFENCES within the 11 & 12 VICT. c. 43. TURNPIKE ROADS-continued. III. OFFENCES AS TO TOLLS. 22. Unloading at Gate.] Any person unloading any goods, &c. from any cart, &c. at or before the same shall come to any turnpike gate or weighing machine. 23. Loading after passing Gate.] Loading or laying upon such cart, &c. after passing gate, any goods, &c. taken or unladen from any horse, cart, &c. belonging to or hired by the same waggoner or carrier, in order to avoid toll for overweight. Statute. 3 Geo. 4, c. 126, s. 20 (Note 175, ante, p. 220). 24. Unloading to pay less Toll.] So unloading, in order to carry considerable quantities of goods through gate or by weighing engine on one and the same day, and thereby pay less toll than would have been paid if not so unladen. 25. Driver not waiting for other Carriages to be weighed.] Driver of any waggon, &c. not waiting a reasonable time whilst any other carriage shall be weighed which had come to the weighing engine before his (Note 177). 26. Refusing to remove from Weighing Machine.] Driver refusing or delaying to remove or drive waggon, &c. from the weighing machine in order to impede or delay the weighing of any other waggon, &c. 27. Turning out of Road.] Or turning or driving out of road in order to avoid or evade the weighing of waggon, &c. Id. (177) Any driver offending and refusing to disclose his name, or absconding or absenting himself so as not to be found, a justice on complaint may summon the owner before him to answer complaint; and if owner neglect to appear, or appearing shall not then, or within ten days thereafter, produce the driver, or disclose his name and place of abode, the same justice, or any other, on ascertaining that offence has been committed, shall order the penalty incurred to be paid by the owner, to be recovered and applied as other penalties (4 Geo. 4, c. 95, s. 73). By sect. 140 of 3 Geo. 4, c. 126, unknown persons committing any offence against the act may be seized and detained by a collector or others, and taken before a justice. (178) Exemptions from Toll.] The exemptions from payment of toll are allowed by various statutes, and are as follow: 3 Geo. 4, c. 126, s. 32, and 4 Geo. 4, c. 95, s. 24. Horses and carriages attending, or going to attend, or returning from having attended, the royal family. 3 Geo. 4, c. 126, s. 32, and 4 Geo. 4, c. 95, s. 10. The like, employed in conveying stones, &c. for repair of any road or building bridge, the bottoms of the fellies of the wheels not being of less breadth than 4 inches. 3 Geo. 4, c. 126, s. 32. Surveyor executing duty within the limits of his trust. Horses, carriages, &c. employed only in carrying manure (except lime) for improving lands, or any ploughs, harrows, or implements of husbandry. Toll, however, not to be taken for carrying lime for improving land unless authorized by some local act passed before general act (see 4 Geo. 4, c. 16, s. 1), nor when exempt by local act (see 3 & 4 Vict. c. 51, s. 1). Horses, carriages, &c. employed in conveying agricultural produce grown by the owner, and not sold or going for sale. If the driver be the owner, to forfeit £5, c. 126, levied by distress on his goods; on (Note 176, informer, and the If the driver not the owner, to forfeit The like. [Vide Note 177 as to proceeding against of commissioners for repair of road (3 Geo. 4, c. 126, s. 141). Exemptions from Toll.]-continued. Any person going to or returning from his parochial church or chapel, or usual place of religious worship tolerated by law, on Sunday, or any day on which divine service is celebrated by authority, [beyond five miles from the Royal Exchange or Westminster Hall (s. 33);] Or inhabitant of any parish going to or returning from the funeral of any person who shall die and be buried in the parish in which any turnpike road shall lie; Or any clergyman going to or returning from visiting any sick parishioner, or on other parochial duty within his parish; Or horses or carriages employed only in conveying vagrants under any pass or warrant; Or in conveying the mails, or soldiers on duty, baggage, public stores, volunteer infantry or corps of yeomanry (the person being dressed in the uniform of his corps, and having his arms, furniture and accoutrements according to the regulations of such corps); Or conveying any person to or from any county election. 1 & 2 Will. 4, c. 25, ss. 1, 4. Horses, &c. going to or returning from plough or harrow, water or pasture, or being shoed or farried, and not passing more than two miles on such road so going or returning, if the turnpike gate be more than six miles from London Bridge; 1 & 2 Will. 4, c. 25, s. 2. Or employed in the performance of statute labour. 2 & 3 Will. 4, c. 124, s. 1. Waggon, &c. having passed through a turnpike gate, and paid single duty, upon returning the same day so laden as to be subject to double toll, from paying more than one more single toll. Q |