or to such cattle as shall not pass upon any such turnpike road, more than for two miles in going or returning, s. 1. But nothing herein shall exempt from toll any cattle going to and from water, or pasture, for which any person shall be liable to pay tolls, by any act made for repairing any terapis 'road. s. 2. If a turnpike act exempts a horse attending cattle from p ture from the payment of toll, such exemption does not ex to discharge a horse going to fetch them; for in the cas Harrison v. Brough, Tr. Ter. 36 Geo. 3, it appeared, t by the act for repairing the highways leading to Highg certain tolls were authorized to be taken, and among the r for any horse (except the horse ridden by the driver of carriage used for husbandry, or horse returning from pastar or attending cattle for that purpose) the sum of one halfpen the plaintiff's servant was going on horseback (the horse bax bridled and saddled) to the plaintiff's pasture, in order to up two of the plaintiff's cows from the pasture; toll w manded for the horse, and on refusal of payment, the defendant, who was toll-gatherer, seized the horse, and detained it till toll and expences, if any, were paid. On an action of tren brought for this seizure and detainer, a verdict was taken the plaintiff, subject to the opinion of the court, on a case, stating facts in substance as above. In support verdict, it was contended, that the exemptions were introd into the act, for the benefit of husbandry, and that it be almost ridiculous to say that the horse should be exeg when returning with the cattle, but should yet be liable to de toll when going to fetch the cattle from pasture. But by Kenyon, Ch. J. the question is, whether a horse going to foà cattle, was attending the cattle at the time? Barety sta the question is answering it. When the horse is attending cattle, the turnpike men can see what is passing, and of com can judge when the party is entitled to the benefit of the exspi tion: but he has no means of knowing whether is going to fetch cattle. If this were allowed to be an cress tion, it would open a great door to fraud on the turnpike mi I am, therefore, of opinion, that the plaintif' is neither with the words nor the spirit of the exemption. 6 Ters Rep 3. Diminishing tolls on broad wheel carriages. L As by several acts extraordinay tolls are granted for riages drawn by more than a certain number of horses, enacted, That it shall be lawful for the trustees, or five them, within their districts, ut the first meeting after the mencement of this act, to mitigate the said extraordinary for such waggons, or carriages only, having the wheels of i breadth of six inches, in such manner so as no greater toll dimanded or taken for the same than is providest by th>> kol cts to be paid for waggons, and other four-wheeled cerais Lawn by four horses; and that no greater toll orduty be demata or taken for carts, having the fellies of their wheels of the eadth of six inches, than is provided by such acts to be en for carts drawn by three horses; and the trustees, within eir district, or five of them, are to give directions, in writ , to the collectors within their districts, to take such tolls, d no other. 13 Geo. 3. c. 84. s.22. 4. Increasing the tolls on narrow-wheel carriages. The turnpike trustees, or persons authorised by them, shall ke, and may and are by the act required to demand and Le, for every waggon, wain, cart, or carriage, having the lies of the wheels thereof of less breadth than six inches m side to side, at the bottom thereof, and for the horses or ists of draught drawing the same, one half more than are shall be payable for the same *. 13 Geo. 3. c. 84. s. 23. 5. Where and how the tolls may be reduced. 'As by several acts for repairing turnpike-roads, there is o power given to the trustees to lessen the tolls, although ach roads may be amended and the money borrowed upon he credit of such acts paid; it is enacted, That it shall lawful for the trustees appointed by any act for repairing ticular roads, or seven of such trustees, at a meeting for t purpose, of which one month's notice shall be given in iting, to be affixed on all turnpike gates erected upon such ds, and in some public newspaper circulated in that part of : country, to reduce (X) the tolls granted by any of the said * That is, at the time of passing the above act of 13 Geo. 3. (X) Order of trustees for reducing tolls. a meeting of the trustees of the turnpike roads, under an ict, passed in the year of the reign of king George the for, &c. [state the principal part of the title of the -17 ct], held at the- day of Whereas by the said act there was no power (or no effectual ower) given (as the case may be) to the trustees to lessen the olls authorised to be taken by the said act; we whose names re subscribed, being seven or more of the trustees acting under he said act, being now assembled, for reducing the tolls auhorised to be taken by and under the said act, pursuant to ublic notice given for that purpose in the newspapers circulated in this part of the county, and also affixed upon all the turnpike gates erected upon the said turnpike road for upwards of one calendar month now last past; and having the consent of the several persons entitled to five-sixth parts of the money now remaining due upon the credit of the said tolls this day signified and proved to us, do hereby order, that the tolls granted by the said act shall, from and after the day of one thousand eight hundred be lessened and reduced in the following manner. [Here state the reductions proposed to be made.] VOL. IV. 3 X acts, for such time as the trustees think proper; and afterwards, at any meeting, if they see occasion, to advance the tolls les. sened, to any money, not exceeding the rates granted by such acts. 13 Geo. 3. c. 84. s. 29. But where the whole money borrowed on the credit of th tolls shall not have been paid, no such tolls shall be redres without the consent of the persons entitled to five-sixth o the money remaining due upon such tolls. s. 30. 6. Letting the tolls. It shall be lawful for the trustees of any particular turapk act, or seven of them, at a public meeting, to let to far the tolls of the gates, although no power shall have been given by the act for that purpose: And whenever any tolls shall hereafter be let to farm, virtue of this or any other act, the following directions shall observed; viz. the trustees shall cause notice (XI) to be gi of the time and place for letting the same one month bef the day appointed for that purpose, by fixing the same p every toll-gate belonging to such turnpike-road, and a upon the market cross of the market town nearest to the pl where the tolls are to be let, and also in some public ne papers circulated in that part of the country, and specifying in such notice the sum which the tolls produced in the pr ing year, clear of the salary for collecting, in case any collector was appointed, and that they will let such tollsh tion to the best bidder, on his producing sufficient sures payment of the money, monthly or quarterly, as shall quired by the trustees; and that they will be put up a at (XI) Notice for letting tolls. Notice is hereby given, That the talls arising at the fa gate (or toll-gates, if more than one), upon the turnpike called or known by the name of the will be let by auction, to the best bidder, at the hopst оп the day of and at next. tween the hours of in the ma of directed by the act, passed in the thirteenth year reign of his majesty king George the Third, for regulati the turnpike-roads; which tolls produced the last year § sum of ———————above the expences of collecting them, wi be put up at that sum. Whoever happens to be best bidder, must, at the same time, give security, with 'ficient sureties, to the satisfaction of the trustees of the turnpike-road, for payment of the rent agreed for, at times as they shall direct. A B, clerk to the trustees of the said turnpike oh which they were let for in the preceding year, clear of he salary of the collector: And to prevent fraud, or undue preference in the letting thereof, e trustees are to provide a glass with so much sand in it as ill ran from one end of it to the other in one minute; which ass, at the time of letting the tolls, shall be set upon a table, d immediately after every bidding the glass shall be turned, das soon as the sand is run out, it shall be turned again, and for three times, unless some other bidding intervenes ; and if other person shall bid, until the sand shall have run through glass three times, the last bidder shall be farmer of the tolls, and forthwith enter into a proper agreement for taking thereof, I paying the money at the times specified in such notice, as shall be agreed upon between him and the trustees : And in case no bidder shall offer, the trustees may appoint affector, or fix some future day for letting thereof, as they judge most proper, upon giving such notice as aforesaid, shall in that case put them up at such sum as they think fit: Lud if the person who shall be the farmer shall take a greater Penalty on tak s toll from any person than what are authorised by this or the ing more tell icular act, he shall forfeit 5. and also forfeit the contract than due, renting the tolls, if the trustees think fit to vacate the same; every other gate-keeper authorised to collect the tolls, who take a greater or less toll, shall forfeit 40s. t. s. 31. 7. Compounding for tolls. 13 Geo. 3.. shall not be lawful for the trustees of any turnpike-road, or lessees, to make composition for tolls, for any waggon, , cart, or carriage, or horses, or beasts of draught, drawing ame, unless such as have the fellies of the wheels thereof 13 Geo. 3. c. 84. The breadth of six inches, or more. id no person shall have the privilege of compounding in ct of any carriage having the fellies of the wheels of the Ith of six inches, unless the fellies and the tire thereon lie flat. s. 5. d by 16 Geo. 3, c. 39. s. 2, If such wheels do not deviate than one inch from a flat surface, they shall be deemed 8. Penalty on evading the tolls. any person shall unload any goods from any cart, waggon, arriage, at or before the same shall come to any turnpike r weighing-engine, or shall load after the same shall have any such turnpike or weighing-engine, any goods taken aden from any horse, cart, or other carriage belonging to by the same waggoner or carrier, in order to avoid the t of the additional tolls: Persons agreeing to sub scribe. Or if any person shall so unload, in order to carry consider. able quantities of goods through any turnpike gate, in the same day, and thereby pay less toll at such turnpike gate than woold have been paid if such goods had not been so unloaden : Each person so offending, being thereof convicted before one justice upon the oath of one witness, shall forfeit 51. to be le vied upon the goods of the owner; and each driver, not being the owner of such carriage, and being thereof convicted, still 'be committed to the house of correction for one month. 13 Ge 3. c. 84. s. 10. And if the owner of any waggon, cart, or carriage, or the driver thereof, travelling on any turnpike road where any t gate or weighing-engine is erected, shall drive out of the same into any other road, to avoid being weighed, or to av paying of toll,and shall afterwards proceed with such carriage o the same turnpike road, such owner or person, convicted fore one justice, upon the oath of one witness, shall forfeit if the owner, not exceeding 57. nor less than 20s. and if the driver and not the owner, not exceeding 50s. nor less than 10. s. 11. Subscribers to the repair of roads, and mortgagees of the tolls. If any person shall agree to advance any money, to be ployed in making or repairing any turnpike road or highe intended to be made turnpike, and shall subscribe his any writing (XII) for that purpose, such person shall be able to pay such money so subscribed, according to such wring, and in default of payment within twenty-one days after the s shall become payable, according to such writing, and shal (XII) Agreement by subscription for advancing money to ·per per annum ; which sums we do hereby severally agree to by instalments, in the following manner, videlicet, one fo 'part thereof on the day of part, (&c. &c. &c.)' Dated this day of -next; one other f |