servation of turnpike roads to confine such exemptions to carriages with wheels of the breadth of nine inches, be it therefore enacted that during the term aforesaid (seven years) no person shall by virtue of any of the said Acts of Parliament have, claim, or take the benefit of any exemption from tolls, or pay lesser tolls, for any waggon, cart, or other carriage, or horse, or horses drawing the same, than other carriages of the like nature ought to pay, unless such vehicles have the fellies of its wheels nine inches broad. Excepting, when they are drawn by one horse or two oxen, and no more. Or when they have the fellies of the wheels six inches wide and are drawn by two horses or four oxen.'

The additional tolls were to be paid on all other vehicles, and on the beasts of burden drawing them. But waggons with wheels having fellies nine inches broad were to be allowed to pass through any turnpike within one hundred miles of London on paying not more than half the tolls payable on such waggon and horses by previous Acts of Parliament.

The position of the horses was also regulated by this Act. It says, “Much damage is done to turnpike roads by waggons and wains with broad wheels drawn by horses or beasts of draught at length (i.e., one before the other) and not in pairs, for remedying whereof be it enacted, That during the time aforesaid (seven years) it shall not be lawful for any waggon or wain, having fellies of the wheels of the breadth of nine inches, to pass upon any turnpike road, unless the same be drawn by horses or beasts of draught in pairs" (an odd horse was allowed). Great damage it is said is also done to the roads by waggons, or. wains with narrow wheels being drawn by horses in pairs, but not when drawn by oxen. It was consequently ordered that no waggon or wain, having the fellies of the wheels of a less breadth than nine inches, should be allowed to pass on any turnpike road, if drawn by horses or beasts of draught in pairs, and not by

oxen.

The Trustees of the turnpike roads were prohibited from allowing composition for tolls to be made for any waggon, wain, or cart having the fellies of the wheels of less breadth than nine

inches. And the clause in the Act passed 28 George II, which allowed a certain number of horses for draught as follows, was repealed by this Act.

It made it lawful for waggons or wains having the fellies of the wheels six inches broad to pass through turnpike gates or bars with six horses, and all carts or other carriages having the fellies of the wheels six inches, with four horses, without paying any more toll than is paid for waggons and wains now drawn by four horses and carts drawn by three horses, or for the horses drawing them. Also allowing other four-wheeled carriages, not being common stage waggons or carriages, although the fellies were not either nine or six inches wide, to travel on the turnpike road with any number of horses not exceeding five. It also repeated the penalty of 5., or one month's imprisonment, inflicted on any driver who "shall act contrary to the true intent and meaning thereof."

Hitherto Acts have dealt only with the width of the fellies of the wheel and the number of draught horses allowed. But in this Act attention is given to the width between a pair of wheels, as follows:

"And be it further enacted by the authority aforesaid, that from and after the time aforesaid, no waggon having the fellies of the wheels thereof, of the breadth or gauge of nine inches at the bottom, shall pass along any turnpike road, which shall be wider than five feet six inches from the middle of the fellies of the wheels on one side of such waggon to the middle of the fellies of the wheels on the other side of such waggon; and the surveyor or surveyors, gate-keeper or gate-keepers, of any turnpike road, is and are hereby authorised and required at any turnpike or toll-gate or at any other place upon the turnpike road, to measure every such waggon from the middle of the fellies of the wheels on one side to the middle of the fellies of the wheels on the other side thereof."

And it was unlawful for any gate-keeper to allow a driver, objecting to such measurement being made, to pass through the turnpike gate.

There appears to have been some uncertainty as to the

meaning of two of the clauses passed 28 George II, as the following clauses in this Act are explanatory :

"Whereas some doubts have arisen concerning the meaning of the words common stage waggon, it is hereby declared that every waggon, wain, cart, or carriage, travelling with or carrying goods by hire, is and shall be deemed to be a common stage waggon within the true intent and meaning of an Act made in the 28th year of the reign of His Present Majesty (to amend an Act made in the 26th year of His Present Majesty)."

In which it is enacted that if a collector or receiver of tolls at any turnpike gate at which a weighing machine is erected. shall permit any cart, waggon, or carriage within the description given to pass or repass through his turnpike gate without weighing it, he shall be liable, on conviction, to be committed to the House of Correction for one month with hard labour. Doubts also having arisen whether such collector or receiver is not by the said Act obliged to weigh all carriages, whether loaded or unloaded; "and many difficulties having arisen thereupon; it is hereby enacted and declared that from and after September 29th, 1757, any collector or receiver of tolls shall and may permit all persons travelling through any turnpike with an empty cart, waggon, or other carriages to pass through the same without weighing such empty cart, waggon, or carriage, and shall be obliged to weigh only those which are laden.”

The clause in the Act limiting the width between the wheels at the bottom only, left it open to the builders of waggons, carts, carriages, &c., to do as they pleased concerning the distance between the wheels at the top, so long as they did not exceed the prescribed breadth of fellies and the width allowed between the wheels at the bottom.

In order to obtain a breadth for the body of vehicles, the axletrees were bent, causing the wheels to be out of the perpendicular; there was a greater distance between the top than at the bottom of a pair of wheels, when on waggons, carts, &c,

The wheels being out of the perpendicular, the weight of the load would have been on the outer edge of the tyre; whilst the inner edge, on broad wheels, would not have touched the