Title | Prosecution under the 1819 Act of a Turnpike Road toll-renter and his collector for taking less toll than authorised: On the information of George Goodman Hewett, Esq., of Hilton, a creditor and a trustee of the Bury and Stratton Turnpike Road, David Royston, renter of the tolls taken at the Turnpike Gate called the New Bridge Bar, in Hemingford Grey, on the Bury/Stratton Turnpike road was convicted of taking from Mary Wright, shopkeeper, Hilton, for an ass drawing a narrow wheeled cart one penny toll whereas by the 1819 Act for any horse, mule, ass or other cattle drawing any coach, Chariot, Landau, Barouche, Sociable Berlin Chaise, Calash Curricle Phaeton Hearse Litter Chair Gig Waggon Waincart or other Carriage the toll was 9d. Royston pleaded an agreement with the Trustees of the Road fixing the scale of tolls but this agreement was said by the Justices to be invalid. He was fined £5/-/- and £1/14/6 costs. of taking from James Bailey, servant to C.M.Cheere, Esq., at the New Bridge Gate near St. Ives, 4½d. toll for a narrow wheel waggon drawn by 3 horses (again less than the 9d authorised) £5/-/- fine to be paid to Matthew Wasdale, surveyor of the road, for distribution.
John Silk, collector for Royston, similarly fined for taking 3d toll for 2 horses drawing a narrow wheeled cart, from Edward Hall, farmer of Hilton.
Both defendants appealed on the grounds of a. Validity of the agreement with the Trustees. b. Non-competence as informer of G.G. Hewett, a creditor and trustee. c. Improper designation of Wasdale as surveyor (hence his non-competence as distributor of fine). d. Imperfect designation of Bull (hence non-validity of his information). |