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Act are payable for the same; where the wheels are from four and a half to six inches, then one-sixth less; where the wheels are six inches or more, one-third less. 4 G. 4, c. 95, 8. 5, and see sect. 6.

Where any waggon or cart shall have the sole or bottom of the wheels thereof rolling on a flat surface, and the nails of the tire of such wheels countersunk and are cylindrical, (that is to say,) of the same diameter on the inside next the carriage as on the outside, so that when such wheels shall be rolling on a flat or level surface, the whole breadth thereof shall bear equally on such flat or level surface, and shall have the opposite ends of the axletrees of such waggon, cart, or other carriage, so far as the same shall be inserted into the respective naves of the wheels thereof, horizontal, and in the continuance of one straight line, without forming any angle with each other, and in each pair of wheels belonging to such carriage the lower parts when resting on the ground shall be at the same distance from each other as the upper parts of such wheels: the trustees or commissioners of any turnpike road, at a general meeting, if they shall think fit so to do, may make an order for every such waggon and cart to pass through any toll-gate or bar under their superintendence, upon paying only so much of the tolls as shall not be less than two-thirds of the full toll payable by any Turnpike Act on such waggon, cart or other carriage, and the horse or horses or cattle drawing the same. 3 G. 4, c. 126, 8. 9.

And any trustee or commissioner of a turnpike road, or any collector or his deputy, or other person acting by authority of such trustee or commissioner, or of their lessee of tolls, may measure and examine the breadth and construction of the wheels of every waggon, cart, or other such carriage passing on such turnpike road; and if any owner or driver of any such waggon, cart, or other carriage, shall turn or drive out of the road, in order to avoid or evade the measuring of the wheels of such waggon, cart, or other carriage, or if any such owner, driver, or any other person shall refuse to allow the wheels of any such waggon, cart, or other carriage to be measured, and the construction thereof examined, or shall attempt to pass through any toll-gate or bar before such measurement and examination shall be made (the same having been required), or shall in any way hinder or obstruct any such trustee or commissioner, or other authorized person, in making such measurement and examination: every such owner, driver, or other person so misbehaving, shall for every such offence forfeit and pay any sum not exceeding five pounds; and that it shall not be lawful for any such waggon, cart, or other carriage, not permitted to be measured or examined as aforesaid, to pass along any turnpike road; and if any collector or his deputy, or any person appointed to collect the tolls, shall allow the

same to pass before such measurement and examination shall be made (the same having been required), every collector, deputy, or other person shall for every offence forfeit and pay any sum not exceeding five pounds. Id. s. 11.

Toll for overweight.] The stat. 3 G. 4, c. 126, s. 12—14, makes certain regulations as to the weights which waggons and carts may carry upon a turnpike road, in summer and winter. And by the 15th section, all trustees and commissioners appointed by or under any Act or Acts of Parliament for the making or maintaining of any turnpike road, or for any person authorized by them, shall 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 herein before allowed to each of them respectively; (that is to say,) for the first and second hundred of such overweight, the sum of 3d. for each hundred; for every hundred of such overweight above two hundred and not exceeding five hundred, 6d.; for every hundred of such overweight above five hundred and not exceeding ten hundred, 2s. 6d.; and for every hundred of such overweight exceeding ten hundred, 5s. ; 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 recovered. 3 G. 4, c. 126, s. 15.

Provided always, that the regulations of weight hereinbefore mentioned, shall not extend to any waggons, carts, or other carriages carrying only manure or lime for the improvement of land, or any hay, straw, fodder, 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 the said regulations of weight extend to any chaise marine, coach, berlin, barouche, sociable, chariot, calash, hearse, break, gig, chaise, or taxed cart. Id. s. 16.

But by stat. 4 G. 4, c. 95, s. 17, where any exemption from toll shall be claimed or allowed under the provisions of the said recited Act, (3 G. 4, c. 126,) or this Act, or any other Act of Parliament for repairing and maintaining any turnpike road, such exemption shall not extend to or be allowed for the additional tolls imposed by the said recited Act, and directed to be

taken for every hundred weight, which any waggon, cart, or other such 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 such carriage in respect of which the exemption shall be claimed shall likewise be by the said recited Act, or this or some other Act or Acts, specially exempted from such additional tolls for overweight; but in all cases (where not specially exempted) the said additional tolls shall be paid, and only the original toll allowed. 4 G. 4, c. 95, s. 17.

And by the same statute, s. 10, no person shall, by virtue of the said recited Act, or this or any other Act 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 a 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 gauge than four and a 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 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. 4 G. 4, c. 95, s. 10.

When payable only once in a day.] All horses travelling for hire under the post-horse duties Acts, having passed through any turnpike gate drawing any carriage in respect of which any toll shall have been paid, on returning through such turnpike gate, and the other gates (if any) cleared by such payment, without such carriage, or with such carriage empty, and without a ticket denoting a fresh hiring, shall be permitted to repass toll-free, provided the same return before nine o'clock

of the morning succeeding the day on which the toll shall have been paid. 3 G. 4, c. 126, s. 29.

And where any horse shall pass through a turnpike gate, not drawing any carriage, and toll shall be paid thereon, and the same horse shall return drawing any carriage on the same day, or within eight hours after their first passing through such gate, the toll paid on such horse shall be deducted from the toll payable on the same when drawing the carriage on their return, so that no higher toll shall in the whole be taken than if such horse had in the first place passed through such turnpike gate, drawing the said carriage. Id s. 30.

Besides these general provisions, there is always a provision upon this subject contained in the local Act relating to each turnpike road. And from the decisions upon those Acts, the following general rules may be deduced, for construing such provisions, as far as respects returning with horses drawing carriages. If the toll be imposed on the horses drawing the carriage, and not upon the carriage itself, and the exemption be as to the party returning with the same horses, Gray v. Shilling, 2 Brod. & B. 30, and see Fenton v. Swallow, 1 Ad. & El. 723. Fearnley v. Morley, 5 B. & C. 25, or the same horse or carriage, Norris v. Peate, 3 Bing. 41. Jackson v. Curwen, 5 B. & C. 31. Hopkins v. Thoroughgood, 2 B. & Ad. 916. Niblett v. Pottow, 1 Bing. N. C. 81, no second toll shall be exacted from the party for repassing with the same horses, though drawing a different carriage; but if the exemption be as to returning with the same horses and carriage, there the same horses drawing a different carriage would not be exempt Loaring v. Stone, 2 B. & C. 515. On the other hand, if the toll be imposed on the carriage only, and not on the horses, and the exemption be as to the party returning with the same carriage, or with the same carriage or horses, Williams v. Sangar, 10 East, 66, or with the same carriage and horses, Waterhouse v. Keen, 4 B. & C. 200, no second toll shall be exacted from the party for repassing with the same carriage, though drawn by different horses. So where a toll was imposed upon horses drawing carriages, or drawing waggons, and also upon carriages fixed to waggons, &c., and the exemption was as to returning with the same horses, coach, waggon, or other carriage: the court held that no second toll was payable for returning with the same horses, drawing a different carriage; for the word "carriage," in the exempting clause, might have reference to the carriages fixed to waggons, before mentioned; and if the framers of the Act intended to exact a second toll when the horses were returning with a different carriage, they should have done so in plain and unambiguous terms. Chambers et al. v. Williams, 5 B. & C. 36 n.

Exemptions.] No toll shall be taken on any turnpike road,

for any horses or carriages attending [or going to attend, or returning from having attended, 4 G. 4, c. 95, s. 24,] his Majesty or any of the royal family ;-or of or from any person for any horse or other beast or cattle, or for any waggon, wain, cart, or other carriage, employed in carrying or going empty to fetch, or returning empty from carrying, 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 on any such road or public highway, [or employed, or going to be or returning from having been employed in the performance of statute labour on any road, 1 & 2 W. 4, c. 25, s. 2,] or of or from the surveyor of any turnpike road when engaged in executing or proceeding to execute, within the limits of his own trust, the powers of this or any other Act or Acts of Parliament relating to any turnpike road; or for any horse, or other cattle or carriage, employed in carrying, or having been employed only in carrying on the same day, any dung, soil, compost, or manure (save and except lime) 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 on land in the occupation of the owner of any such hay, &c.) potatoes, or other agricultural produce, and which has not been bought, sold, or disposed of, or is going to be sold or disposed of;--or for any horses or other beast employed in husbandry going to or returning from plough or harrow, 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 for any horse, ass, sheep, swine, or other beast or cattle of any kind going to or from water or pasture, or to or from being shoed or farried, and passing on any turnpike road, provided that such horse, ass, sheep, swine, &c. do not 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 farried; 1 & 2 W. 4, c. 25, 8. 1;]-or of or from any person going to or returning from his proper parochial church or chapel, or of or from any other person going to or returning from his 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, [such church or chapel not being within five miles of the Royal Exchange or Westminster Hall, sect. 33,] or of or from any inhabitant of any parish, township, or 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,

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