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throughout the whole of such roads, without any local, parochial, or partial exemption."

As to the exemptions concerning lime, see post, 189.

Post Horses]-By stat. 3 Geo. IV. c. 126, s. 29, "All horses traelling (a) for hire under the post-horse duties' acts (b), having passed through any turnpike gate erected or to be erected on any turnpike road, drawing any carriage in respect of which any toll shall have been paid, on returning through the turnpike gate at which the toll shall have been paid, and the other gates (if any) cleared by such payment, either without such carriage, or drawing such carriage, the same being empty, and without a ticket denoting a fresh hiring, shall be permitted to repass toll free, although such horses or carriage shall not have passed through such turnpike gate on the same day (c); provided that such horses so travelling shall return before nine of the clock of the morning succeeding the day on which they first passed the turnpike gate at which the toll shall have been paid."

Horses returning with a Carriage]-Sect. 30. "Where any horse or horses shall pass through any turnpike gate on any road, not drawing any carriage, and a toll shall be paid on such horse or horses at such turnpike gate, and the same horse or horses shall return drawing any carriage on the same day (c), or within eight hours after their first passing through such gate, the toll paid on such horse or horses on their originally passing shall be deducted from the toll payable on the same when drawing the carriage to which they shall be attached on their return, so that no higher toll shall in the whole be taken than if such horse or horses had, in the first place, passed through such turnpike gate drawing the said carriage (d)."

on the wording of the particular act.
Loaring v. Stone, 3 D. & R. 802; 2 B.
& C. 515, S. C.

Where the toll was on the horses, but
the exempting clause enacted, that if any
person should have paid the toll for
passing, the same person, on producing
the ticket, should be permitted to pass
free with the same cattle or carriages;
it was held, that the toll having been
paid by the coachman on passing for
horses drawing a stage coach, a second
toll could not be taken for the same

(a) The exemption applies only to horses travelling and drawing carriages. As to the meaning of the phrase " used in travelling" see 44 Geo. III. c. 98, Sched. B. It has been decided, that a hiring for the purpose of riding from London to Richmond and back, and also a hiring for fourteen days to go a journey, are hirings to travel; but that a hiring to go many miles into the country for pleasure, no place being fixed, or a hiring to take an airing, or to go ten or twelve miles into the country and return in the evening, are not any of them a hiring to travel. Ramsden v. Gibbs, 1 B. & C. 319. The exemption the same proprietor. Norris v. Poate, 3 is limited to horses hired under the Bingh. 41; 10 Moore, 293, S. C. post-horse duties' acts; and it has been held, that a duty is payable under those

acts where a horse is hired to go a cer

horses repassing, though with a different
coach and coachman, but belonging to

A turnpike act imposed tolls, 1st, upon carriages drawn by horses; 2nd, upon horses not drawing; 3rd, upon oxen,

tain stage and back again within the day. &c. provided that all the persons hav

Hanley v. Cubberley, 15 East, 255.
(b) See the post-horse duty acts, see
Post Horses, Vol. V. p. 159.

(e) As to what is a day, see ante, 121. (d) It would be useful here to notice the various decisions that have taken

ing paid once for their carriages, horses,
and cattle, returning the same day, with
the same carriages, horses, and cattle,
should pass toll-free. A subsequent act
recited, that it was expedient to increase
the existing tolls, and re-eracted the

place with reference to the exemption provisions of the former act, subject to
from toll upon the return of horses or

some alterations, one of which was, that

through the gate on the same day. Every instead thereof, there should be paid a carriages which have before passed the former tolls should cease, and that, local act provides that a person who has

paid a toll shall not be liable to a se- carriage. Four horses passed a toll gate cond on the same day; but the right to

certain toll for every horse drawing a

claim the exemption in general depends repassed the same gate in the evening,

in the morning drawing a carriage, and

EXEMPTIONS

FROM TOLLS.

Lime.

Post horses having passed through an toll-free before

gate may return nine in the next morning (a).

Horses having passed through a ing drawing a carriage, the toll paid deducted (e).

gate, and return

on the horses to be

Decisions as to post horses, and as

to toll upon hores or carriages having passed through the gate on the

same day.

EXEMPTIONS

FROM TOLLS.

Overweight, &c.

Overweight, &c.]-As to the exemptions from extra toll for overweight or breadth of wheels, see ante, 178, 181.

drawing a different carriage; and it was held, that, being the same horses, they were not liable to a second toll. Fearnley v. Morley, 7 D. & R. 832; 5 B. & C. 25, S. C.

In another case, where the act imposed toll, 1st, upon every horse, &c. drawing any carriage; 2nd, upon every horse, &c. not drawing; and 3rd, upon every score of oxen, &c. provided that no collector should take from any person more than one toll for the same carriage, horses, beasts, or cattle, passing once and repassing once, in the same day, through the same or any of the gates on the roads, such person producing a ticket denoting that such toll had been paid on that day for such horses, beasts, or cattle-Where the same horses passed once in the same day, drawing different carriages belonging to the same person, it was held, that only one toll was payable. Jackson v. Curwen, 7 D. & R. 838; 5 B. & C. 31, S. C.

A turnpike act imposed tolls, 1st, on horses drawing carriages; 2nd, on carriages fixed to waggons; 3rd, on horses not drawing; and 4th, on oxen, &c. ; provided that every person having paid the toll, on producing a ticket denoting such payment, should be permitted to pass and repass once in the same day the gates mentioned in such ticket, with the same horses, or other beasts, coach or other carriages, without being liable to any additional toll. Where the same horses passed and repassed once in the same day, drawing different carriages belonging to the same person, it was held that only one toll was payable. Chambers v. Williams, 7 D. & R. 842; 5 B. & C. 36, S. C.

Where a local turnpike act imposed a toll on every carriage, and on every horse passing through the gate, and exempted any person from paying more than once in a day for passing or repassing with the same carriage or horse; this was held to exempt the traveller from paying a second time in the day for the passage of the same carriage, though drawn by different horses, being the same in number. And another clause, which provided, that in all cases of carriages travelling for hire, the traveller or passenger therein should be considered as the person paying the toll, and that such payment should not exempt such carriages repassing with a different traveller or passenger; it was adjudged not to extend to stage coaches, the carriage itself not being there hired

by the respective passengers, but simply the vehicle of their conveyance; and therefore that such stage coaches were free of toll under the former clause by one payment in the day, although returning with different passengers and different horses, the horses being the same in number. Williams v. Sangar, 10 East, 66. And, in another case, where, by a local turnpike act, (stat. 2 Geo. III. c. lxvii.), a toll was imposed upon carriages, and not on the horses drawing them; with a provision that no person having paid such tolls, and producing a ticket, &c. should be again liable on the same day; and, by a subsequent act, reciting the former one, the tolls were repealed, and other tolls were imposed in respect of the horses drawing and not the carriages; but continuing all the former provisions, &c. of the former act: held, that no fresh toll was demandable on the same horses returning the same day, although drawing a different carriage. Gray v. Shilling, 2 B. & B. 30; 4 Moore, 371, S. C.

And where the act imposed a toll, first upon every carriage drawn by horses, then upon every horse not drawing, and then upon every drove of oxen or cattle, with a proviso, "that no more than one toll should be taken from any person repassing on the same day with the same horses, cattle, beasts, and carriages," a stage coach, drawn by four horses, paid the toll in the morning, and in the evening of the same day repassed with the same driver but with different horses and passengers; it was held, that a second toll was not payable. Waterhouse v. Keen, 6 D. & R. 257; 4 B. & C. 200, S. C.

But where a turnpike act imposed a scale of tolls upon horses only, drawing or not drawing carriages respectively, as the case might be, and by a clause of exemption it was provided, that no person should be liable to pay toll more than once for passing and repassing the gates on the same trust, at any time in any one day, with the same horses and carriages through the same toll gate, but that every person having paid toll once should afterwards pass and repass with the same horses and carriages toll free, during the same day, through the same gate where such toll was paid; and a stage coach drawn by four horses, having passed through a gate on the trust and paid the toll in the morning, and in the evening of the same day the same horses, drawing a different coach, of the same

EXEMPTIONS
FROM TOLLS.

tolls:

horses and car

riages attending
his Majesty, &c. or
terials for roads
and bridges,

conveying ma

* Extended by

lime);

General Exemptions]-By stat. 3 Geo. IV. c. 126, s. 32, "No toll shall be demanded or taken by virtue of this or any other act or acts of Parliament, on any turnpike road, for any horses or carriages attending (a) his Majesty 3 Geo. 4, c. 126. or any of the royal family, or returning therefrom (a); or of or from any Exemptions from person or persons, for any horse or horses or other beast or cattle, or for any waggon, wain, cart, or other carriage (b) employed in carrying or conveying, 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 road or public highway, or for building, rebuilding, or repairing any present or any future bridge or bridges (c) on any such road or public highway, or of or from the surveyor of any turnpike road when engaged in executing or proceeding to execute, within 2 W44 cafe 25° the limits of his own or any adjoining trust (d) the powers of this or any other act or acts of Parliament for repairing, maintaining, or relating to any turnpike road or for any horse, beast, or other cattle or carriage or manure (except employed in carrying or conveying, having been employed only in carrying or conveying, on the same day, any dung, soil, compost, or manure, (save and except lime) (e) for improving lands, or any ploughs, harrows, or implements of husbandry (unless laden also with some other thing not hereby exempted from toll); or any hay, straw, fodder for cattle, and corn in the straw, which has grown or arisen on land or ground in the occupation of the owner of any such hay, straw, fodder, or corn in the straw, potatoes, or other agricultural produce, and which has not been bought, sold, or disposed of (ƒ), nor is going to be sold or disposed of; or for any horses or other beasts employed in husbandry going to or returning from plough ployed in husbandor harrow, or to or from pasture or watering place (g), or going to be or returning from being shoed or farried, such horses or other beasts not going or returning on those occasions more than two miles on the turnpike road on which the exemption shall be claimed; or of or from any person or persons going to or returning from his, her, or their proper parochial church or chapel, or of or from any other person or persons going to or returning from his, her, or their usual place of religious worship tolerated by law, on Sundays, or on any day on which divine service is by authority ordered to be celebrated (h); or of or from any inhabitant of any parish, township, or or for attending

name, belonging to the same proprietors, driven by the same coachman, but carrying different passengers and parçels for hire, attempted to repass through the gate, and a second toll was demanded and refused, and the collector seized one of the horses until it was paid; held, in trespass for seizing and detaining the horse, that the action could not be sustained, the carriage and horses not being exempt from a second toll. Loaring v. Stone, 3 D. & R. 797; 2 B. & C. 515, S. C. The ground of this decision seems to have been, that the word "carriage" could have had no operation whatever, unless the second toll was due. But this does not distinguish it in a satisfactory way from Jackson v. Curwen, Supra; and Mr. Wellbeloved and Mr. Woolrych, in their Treatises on Highways, have expressed opinions that the two cases cannot be reconciled.

(a) By 4 Geo. IV. c. 95, s. 24, this part of this enactment is extended to

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or going to attend or returning from having attended." See post, 189. (b) By 4 Geo. IV. c. 95, s. 10, post, 189, the wheels must, to entitle a person to the

exemption, be four and half inches wide.
(c) This is an extension of the 13
Geo. III. c. 84, s. 60; upon which it was
held, that a bridge was not a public high-
way within a similar clause.
Osmond v.
Widdicombe, 2 B. & A. 49.

(d) The 3 Geo. IV. c. 126, extended
the limits of the exemption to the adjoin-
ing trust, but that enactment is repealed.

(e) Unless specially liable under the
local act. See 4 Geo. IV. c. 95, s. 23,
ante, 184.

(f) These exemptions in favour of
agriculture are to be beneficially con-
strued. Hickinbotham v. Perkins, 3 Moore,
185; 8 Taunt. 795, S. C.; ante, 183, n.
(g) In a local turnpike act,
"cattle
going to or returning from pasture," and
"horses attending cattle returning from
pasture," were exempted. It was held
by the Court that a horse ridden by the
owner of the cattle at pasture, in order
to fetch them from pasture, did not come
within either of the exceptions. Harrison
v. Brough, 6 T. R. 706.

(h) The next section limits this ex-
emption to places at five miles and more
distance from London. Where a local

or agricultural pro-
duce not sold or

for sale;

or for horses cm

ry, &c. (S) (g);

or for going to or
returning from

church (h);

funerals;

Decisions and
notes as to the ge-
neral exemptions.

X Stended by 122 W4 cap 25 to any ass, sheep, beast or cattle of any kind

EXEMPTIONS

FROM TOLLS.

3 Geo. 4, c. 126. or from ministers attending their duty;

or for conveyiug vagrants;

or prisoners;

the mails;

or for horses of

officers or soldiers

on duty;

or for conveying

baggage, or any

public stores;

place, going to or returning from attending the funeral of any person who shall die and be buried in the parish, township, or hamlet in which any turnpike road shall lie; or from any rector, vicar, or curate going to or returning from visiting any sick parishioner, or on other his parochial duty within his parish; or for horses, carts, or waggons employed only in carrying or conveying any vagrant sent by a legal pass; or any prisoner sent by any legal warrant, or returning empty after having been so employed; or for any horses or carriages, of whatever description, employed or to be emor for conveying ployed in conveying the mails of letters and expresses under the authority of his Majesty's post-master-general, either when employed in conveying, fetching, or guarding such mails or expresses, or in returning back from conveying or guarding the same; or for the horse or horses of any officers or soldiers on their march or on duty; or for any horse or horses or other beast, or any cart, carriage, or waggon employed in carrying or conveying, or returning empty from carrying or conveying, having been employed only in carrying or conveying sick, ordnance, or the arms or baggage of any 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 waggon, wain, cart, or other carriage whatsoever, or the horse or horses or other cattle drawing the same, employed in conveying any ordnance, or barrack, or commissariat, or other public stores of or belonging to his Majesty, or for the use of his Majesty's forces, or returning empty from having been so employed; or for any carriage conveying volunteer infantry, or for any horse furnished by or for any person belonging to any corps of yeomanry or volunteer cavalry or infantry, and rode by him in going to or returning from any place appointed for and on the days of exercise, inspection, or review, or on other public duty, provided that such person shall be dressed in the uniform of his corps, and shall have his arms, furniture, and accoutrements, according to the regulations of such corps, at the time of claiming the exemption; or for any horses or carriages carpersons to or from rying or conveying any person or persons to or from any election or elections of a knight or knights of the shire to serve in Parliament for the county or counties in which such turnpike road shall be situated; or for any horses or carriages which shall only cross any turnpike road, or shall not pass above one hundred yards thereon (a).

or for horses and carriages used by corps of yeomanry, &c.;

or for conveying

county elections;

or for crossing roads, &c.

Exemption from toll on Sundays,

&c. for persons go

ing from church

not to extend to any turnpike

Sect. 33 provides, "That so much of this act as directs that no toll shall be demanded or taken from any person or persons going to or returning ing to and return from his, her, or their proper parochial church or chapel, or of or from any other person or persons going to or returning from his, her, or their usual place of religious worship tolerated by law, on Sundays, or on any day on within the distance which divine service is ordered by authority to be celebrated, shall not extend, or be construed to extend, so as to exempt any such person or persons from the payment of toll, at any turnpike gate or gates situate within the distance of five miles of the Royal Exchange in the city of London, or within the distance of five miles of Westminster Hall in the city and liberties of Westminster."

of five miles of London, &c.

Sect. 34 is repealed by 4 Geo. IV. c. 95, s. 22.

By 4 Geo. IV. c. 16, s. 1, reciting, that Doubts have arisen whether,

turnpike act exempted persons from toll,
in going to, and returning from, their
proper parochial church, chapel, or other
place of religious worship on Sunday; it
was held, that the word parochial ex-
tended over the whole clause, and there-
fore, that a dissenter was not within the
exemption, in going to and returning
from his proper place of religious wor-
ship, situate out of the parish where he
resided. Lewis v. Hammond, 2 B. & A.
206. It will be observed, however, that
the above exemption is more extensive

than in the act on which the above decision turned.

(a) The Court decided the exemption in the 13 Geo. III. c. 84, s. 34, as to carriages passing for a less distance than one hundred yards on the road, to extend to cases where the carriages quitted the road on the opposite side to that on which they entered it, as well as on the same side. Major v. Oxenham, 5 Taunt. 340; as to when the exemption is confined to carriages crossing the road, see Phillips v. Harper, 2 Chitty's R. 412.

under the provisions of the said act [3 Geo. IV. c. 126], lime for improv-
ing land, although exempted from toll by several local acts, may not, by
the said recited act, be made chargeable with toll:' for removing such
doubts," it is enacted, "That nothing in the said act shall extend or be
construed to extend to enable any collector or collectors of tolls authorized
to be taken under any local act or acts of Parliament, for horses or car-
riages employed in carrying or conveying lime for the improvement of
land, to take or demand any toll for lime as aforesaid, other than such as
might have been demanded and taken under the authority of any such local
act, previous to the passing of the said recited act of the last session of Par-
liament; any thing in the said act to the contrary notwithstanding."
Sect. 2 provides, "That in all cases where any lease or contract shall
have been made since the passing of the said recited act, by any trustees of
any turnpike road or roads to or with any collector or collectors of tolls, for
letting to farm any tolls to be received or taken upon any such road or
roads whereon a toll on lime for improving land was payable or considered
to be payable under the said recited act at the time of making or entering
into any such lease or contract, it shall and may be lawful to and for the
said trustees to make such fair and reasonable abatement in the rent pay-
able by such collector or collectors, during the unexpired residue of such
lease or contract as aforesaid, as shall be agreed upon by and between the
said trustees and such collector or collectors as aforesaid, or such lease or
contract shall, at the expiration of one calendar month after the passing of
this act, either become absolutely void, upon payment, but not otherwise,
by such collector or collectors, or his, her, or their heirs, executors, or ad-
ministrators, of all rent and arrears of rent, or sum or sums of money which
shall be due and payable by him, her, or them, at and up to the end of the
said calendar month."

The 4 Geo. IV. c. 95, s. 10, enacts, "That no person shall, by virtue of the said recited act [3 Geo. IV. c. 126], or this or any other act or acts of Parliament, have, claim, or take the benefit or advantage of any exemption from toll or part of tolls, or penalties for overweight, or to pay less toll for or in respect of any waggon, wain, cart, or other carriage, or the horses or beasts drawing the same, and carrying any particular kind of goods, than other carriages of the like nature carrying other goods ought to pay, unless such waggon, wain, cart, or other carriage, in respect of which the exemption shall be claimed, shall have the sole of the bottom of the fellies of the wheels thereof of the breadth or gauge of four and half inches or upwards (other than and except carts and carriages employed in carrying corn or grain in the straw, hay, straw, fodder, dung, or lime for the improvement of land, or other manure, or any plough, harrow, or implements of husbandry only), but that the tolls imposed by any act, together with the additional tolls required to be taken for or in respect of every such waggon, wain, cart, or other carriage, having the sole or bottom of the fellies of the wheels thereof of less breadth or guage than four and half inches as aforesaid, and for or in respect of horses or beasts of draught drawing the same, and the additional tolls or penalties for overweight, (except as before excepted), shall be paid in the same manner, to all intents and purposes, as if no exemption or less toll had been enacted or allowed, and as fully as all other waggons, wains, carts, and carriages, and horses drawing the same, ought respectively to pay, which are not entitled to any exemption from toll in the whole or part, or to pay a less toll than other waggons, wains, carts, and carriages; any law or statute to the contrary notwithstanding.'

See further as to tolls in respect of narrow wheels, ante, 180 to 183. Sect. 24. "No toll shall be demanded or taken by virtue of the said recited act [3 Geo. IV. c. 126], or this act, or any other act or acts for making or maintaining turnpike roads, for any horses or carriages attending or going to attend, or returning from having attended his Majesty, or any of the royal family; any thing in any act or acts to the contrary notwithstanding."

Penalty for Claiming &c., Exemption]-The 3 Geo. IV. c. 126, s. 36,

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