of the wheels thereof of the breadth or gauge of 44 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 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 4 inches as aforesaid, and for 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, to all intents and purposes, as if no exemption or less toll had been allowed, and as fully as all other waggons, wains, carts, and carriages, and horses drawing the same ought to pay, which are not entitled to any exemption, or to pay a less toll than any other waggons, wains, carts, and carriages. Penalty for fraudulently claiming exemption.-By Stat. 3 Geo. 4. c. 126. s. 36, If any person or persons shall, by any fraudulent or collusive means whatsoever, claim or take the benefit of any exemption from toll or overweight, or for using any additional horse or horses, or of any other exemption or exemptions whatsoever in this Act contained, every such person shall, for every such offence, forfeit any sum not exceeding £5; and in all cases the proof of exemption shall be upon the person claiming the same. By Stat. 9 Geo. 4. c. 77. s. 17, If any person or persons shall claim or take the benefit of any of the exempions mentioned in any local Turnpike Act, not being en offence, forfeit any sum not exceeding £5; and in all cases the proof of exemption shall be upon the person claiming the same. SEVENTHLY: As to the Power to raise Money upon Mortgage of the Tolls. Power to trustees to grant, and to grantee to assign, mortgage of tolls.-By Stat. 3 G. 4. c. 126. s. 81, It shall be lawful for the trustees of any turnpike road, to borrow and take up at interest, on the credit of the tolls arising on such road, such sum or sums of money as they shall from time to time think proper, and to demise and mortgage the tolls on such road, or any part or parts thereof, and the turnpikes and toll-houses (a) for collecting the same, (the costs and charges of which mortgages shall be paid out of the tolls), as a security to any person or persons, or their trustees, who shall advance such sum or sums of money; which mortgages shall be in the words. or to the effect following; (that is to say), By virtue of an Act passed in the reign of year of the intituled [here set forth the title of this Act], We, whose hands and seals are hereunto subscribed of the trustees [or, commissioners] and set, being for putting into execution an Act, passed in the year of the reign of intituled [here set forth the title of the Act under which the trustees or commissioners (a) Where a Turnpike Act authorized the trustees" to take up at interest any sum upon credit of the tolls, and to assign the said respective tolls," as a security; and it was also declared that there should be no preference between that the trustees had no power to mortgage the toll-houses; and that, where they had in fact made such a mortgage, they were not estopped by their deed, from insisting that the Act gave them no such power. Fairtitle v. Gilbert, 2 T. sterling, ad borrowing the money and granting the mortgage shall act,] in consideration of the sum of £ vanced and paid by A. B. of to the treasurer of the said trustees, [or, commissioners] do hereby grant and assign unto the said A. B. and his executors, administrators, and assigns, such proportion of the tolls arising and to arise on the said turnpike road, and the tollgates and toll-houses erected or to be erected for collecting the same, as the said sum of £ doth or shall bear to the whole sum now or hereafter to become due and owing on the security thereof: To have, hold, receive, and take the said proportion of the said tolls, toll-gates, toll-houses, and premises, with the appurtenances, unto the said A. B. and his executors, administrators, and assigns, for and during the residue of the term for which the said tolls are granted by the said last-mentioned Act, unless the said sum of £, with interest after the rate of £per centum per annum, shall be sooner repaid and satisfied. Given under our hands this day of A. D. 18. And copies of all such mortgages shall be entered in a book or books to be kept for that purpose by the clerk or treasurer to the said trustees, for which entry such clerk shall be paid the sum of 5s. and no more, out of the tolls payable on such road; and which said book or books shall and may, at all seasonable times, be perused and inspected without fee or reward:-And it shall be lawful for all persons respectively, to whom any mortgage shall be made as aforesaid, or who shall be from time to time entitled to the money thereby secured, to assign or transfer his, her, or their right, title, and interest in and to such mortgage, and the principal money and interest thereby secured to any other person or persons whomsoever; which assignment or transfer may be made in the offence, forfeit any sum not exceeding £5; and in all cases the proof of exemption shall be upon the person claiming the same. SEVENTHLY: As to the Power to raise Money upon Mortgage of the Tolls. Power to trustees to grant, and to grantee to assign, mortgage of tolls.-By Stat. 3 G. 4. c. 126. s. 81, It shall be lawful for the trustees of any turnpike road, to borrow and take up at interest, on the credit of the tolls arising on such road, such sum or sums of money as they shall from time to time think proper, and to demise and mortgage the tolls on such road, or any part or parts thereof, and the turnpikes and toll-houses (a) for collecting the same, (the costs and charges of which mortgages shall be paid out of the tolls), as a security to any person or persons, or their trustees, who shall advance such sum or sums of money; which mortgages shall be in the words. or to the effect following; (that is to say), By virtue of an Act passed in the reign of year of the intituled [here set forth the title of this Act], We, whose hands and seals are hereunto subscribed and set, being of the trustees [or, commissioners] for putting into execution an Act, passed in the of the reign of —, intituled [here set forth the title of the Act under which the trustees or commissioners (a) Where a Turnpike Act authorized the trustees" to take up at interest any sum upon credit of the tolls, and to assign the said respective tolls," as a security; and it was also declared that there should be no preference between year that the trustees had no power to mortgage the toll-houses; and that, where they had in fact made such a mortgage, they were not estopped by their deed, from insisting that the Act gave them no such power. Fairtitle v. Gilbert, 2 T. کر borrowing the money and granting the mortgage shall act,] in consideration of the sum of £— sterling, advanced and paid by A. B. of to the treasurer of the said trustees, [or, commissioners] do hereby grant and assign unto the said A. B. and his executors, administrators, and assigns, such proportion of the tolls arising and to arise on the said turnpike road, and the tollgates and toll-houses erected or to be erected for collecting the same, as the said sum of £- doth or shall bear to the whole sum now or hereafter to become due and owing on the security thereof: To have, hold, receive, and take the said proportion of the said tolls, toll-gates, toll-houses, and premises, with the appurtenances, unto the said A. B. and his executors, administrators, and assigns, for and during the residue of the term for which the said tolls are granted by the said last-mentioned Act, unless the said sum of £—, with interest after the rate of £ per centum per annum, shall be sooner repaid and satisfied. Given under our hands this day of A. D. 18-. And copies of all such mortgages shall be entered in a book or books to be kept for that purpose by the clerk or treasurer to the said trustees, for which entry such clerk shall be paid the sum of 5s. and no more, out of the tolls payable on such road; and which said book or books shall and may, at all seasonable times, be perused and inspected without fee or reward:-And it shall be lawful for all persons respectively, to whom any mortgage shall be made as aforesaid, or who shall be from time to time entitled to the money thereby secured, to assign or transfer his, her, or their right, title, and interest in and to such mortgage, and the principal money and interest thereby secured to any other person or persons whomsoever; which assignment or transfer may be made in the |