A

PRACTICAL TREATISE

ON THE

Law of Tolls:

AND THEREIN, OF

TOLLS THOROUGH AND TRAVERSE; FAIR AND MARKET TOLLS;

CANAL, FERRY, PORT AND HARBOUR TOLLS; TURNPIKE

TOLLS; RATEABILITY OF TOLLS; EXEMPTION

FROM TOLLS; AND OF REMEDIES, AND

EVIDENCE IN ACTIONS FOR TOLLS.

BY FREDERIC GUNNING,

OF LINCOLN'S INN, ESQ., BARRISTER AT LAW,

LONDON:

SAUNDERS AND BENNING, LAW BOOKSELLERS,
(SUCCESSORS TO J. BUTTERWORTH AND SON)

43, FLEET STREET.

SECT. 1. Of the General Nature and Incidents of Toll Tho-
rough....

SECT. 2. Of Toll Thorough for passing along the Common

and Public Highway

4

SECT. 3. Of Toll Thorough for passing along the Sea or Pub-

lic Navigable Rivers....

18

CHAPTER THE THIRD.

OF TOLL TRAVERSE

26

CHAPTER THE FOURTH.

OF FAIR AND MARKET TOLLS.

SECT. 1. What are Fairs and Markets: where they ought to
be holden; and of the right to Toll therein, generally, 44

SECT. 2. Of the Manner in which the Right to a Fair or Mar-

ket may be acquired; and under what Words a

Right to take Toll therein, passes

SECT. 3. Of Sales in Fairs and Markets:

First. Of Sales in Markets by Sample

....

Secondly. Of evading the Toll by selling out of the Limits

SECT. 4. Of Stallage and Pickage..

SECT. 5. Of Exemptions from Fair and Market Tolls

CHAPTER THE FIFTH.

Page

50

63

77

85

89

First. Of the Erection or Creation of a Port....

114

Secondly. Of the Title to a Port......

115

Thirdly. Of the Rights of the Owner of a Port.....

116

SECT 4. Of Wharfage, Cranage, and the like....

SECT. 5. Of Dock Dues

123

129

First. For Overweight

SECT. 2. Of the Collecting of Turnpike Tolls

SECT. 3. Of Additional Tolls:

Secondly. To be taken for Wheels of less than a certain

Breadth....

154

Thirdly. For Horses or Carriages tied or affixed to

Page

SECT. 4. Of Reducing and Advancing Turnpike Tolls...... 157

SECT. 5. Of Exemptions from Turnpike Tolls:..

160

First. Relating to the King and Royal Family

Second. Materials for Roads and Bridges

162

162

Third. Horses, &c. employed on Statute Duty....

163

Seventh. Horses, &c. employed in Husbandry, or going

to be shod, watered, &c...

165

Eighth. Persons going or returning from Church, &c... 167

Ninth. Persons attending Funerals...

168

168

Tenth. Rector, Vicar, or Curate

Eleventh. Horses, &c. conveying Vagrants or Prisoners 168

Twelfth. Mail Coaches, &c. ...

Thirteenth. Officers and Soldiers on March or Duty,

169

Sixteenth. Horses, &c. only Crossing the Road, or not

going above 100 yards thereon

170

Seventeenth. Post Horses, &c.

171

with a Carriage

Eighteenth. Horses (not drawing) paying, and returning

SECT. 6. Of Mortgaging Turnpike Tolls

180

181

CHAPTER THE SEVENTH.

OF THE RATEABILITY OF TOLLS TO THE RELIEF OF

THE POOR.

....

187

SECT. 1. In what cases Tolls, or the Property out of which

they issue, are Rateable

SECT. 2. There must he a Beneficial Occupation in order to

render the Occupier liable to be rated for Tolls.... 198

SECT. 3. Of the Parish in which Tolls are Rateable