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Kingston.COUNTY HFNCH.—DEC. 10.James Pick ford, a toll collector at the Tol worth Gate, attended to answer n complaint made against him by Mr. Daniells, an extensive farmer at Moulsey» charging him with having unlawfully demanded and received the sum of eight* pence as toll for* an agricultural machine, called a drill, the same being exempted from payment of toll by an Act of Parliament, passed in the reign of his Majesty King George the Fourth, and for which offence he had subjected himself to the penalty of five pounds.-—The defendant pleaded not guilty.—Mr. Everett, one of the leasees of the tolls, attended in hit behalf, and having stated that he admitted the facts, he said I lie should contend that in law a drilling machine, although it I might be used for agricultural purposes, was not entitled to j the exemption granted by the act, which merely applied to I matters to be used for manure. If the clause of Mr. Daniells j was a good one, he might send his drilling machine from Ips- | wich in Suffolk to Moulsey in Surrey, and pass through all the | gates upon the road without pa3*ingany toll; but he submitted I that such could never have been tlie intention of the Act—Mr. [ Daniell’s said, he should submit to the Bench that the drilling t machine, being used for agricultural purposes, was entitled to \ the exemption, ar»d that the Magistrates ought to convict.— j Mr. Everett said, if they did, he hoped they would indict a I fine to such an amount as would enable him to appeal, and L have the matter fully argued, as the question was one of very [ considerable importance in an agricultural district, both to I farmers and lessees of tolls, and it was one ho was most anxious to try. 1*, iiowever, the Bench would not do this, he should apply for them to |)ostpone their decision until be had had an opportunity of taking the opinion of the Attorney General upon the point.—Mr. Everett added, that it Mr. Dan Cells would agree to it, he would be content that the party against whom the decision was given should pay all the costs.—Mr. Daniel Is declined to accede to this, although,lie said he had no doubt upon the question.—Mr. Everett then said, be would pay the costs if the Bench would adjourn the case.—Sir It. Frederick, the Chairman, said, he. thought Mr. Everett’s proposition was a very fair one, and as the question was one certainly of inqiortanee, they should adiouru their decision in order to give an opportunity to obtain the opinion of some high legal authoritj* respecting it.Another summons of a similar character, in which the same point was involved, was also ordered to stand over.Mr. Langlauds, oue of the tenants of Moulsey Race Course,attended to shew cause why he refused to pay the sum of 23/., the amount of Church Rate at which the Hurst was assessed to the parish of Moulsey.—Mr, Guy, solicitor, of Hampton Wick, appeared on behalf of Mr. Langlands, and be took a technical objection to the proceedings, contending that the Magistrates had no jurisdiction, insomuch us the Act of Parliament gave them uo power to act where the sum demanded exceeded 10/.—Mr. Jemmett, the Magistrates’ clerk, having referred to the Act of Parliament, said, the Magistrates had jurisdiction to the extent of 20/., and in the case of Quakers to 5/.—Mr. Guy said, that might be, but they were not Quakers, and therefore it would not apply* There were, however, many other objections to the elaim, but he should rely upon the one he had taken, as he was certain it was fatal Mr. Laug lands had no objection to pay upon a fair assessment, but Be was rated at 300/., which was 100/. too much. If the parish were determined to persevere, they must do it in the Eeclesiastlial Court, which they would find a very expensive affair.—The summons was then dismissed.
Newspaper Details
London County Herald
London, Middlesex, GB
Sat, Dec 13, 1845
Page 5
Full Page
Clipped by
Anthony B.
GB 18 Oct 2021
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