ties or divisions through which the road passes are, ex officio, commissioners of the trust (p). The trustees are not only to maintain and keep in repair roads committed to their management; but to construct and maintain causeways at the sides of them for the use of foot passengers (q); to place milestones (r); and to widen, divert, or improve the roads as they shall think proper. And, for the latter purpose, they are empowered to purchase land; and, (subject to certain conditions and restrictions,) to turn the road over the property of individuals (s), and to take materials from the lands of private owners (t). To facilitate the performance of the duty relative to repairs, they are also empowered, (if they think proper,) to contract, by the year or otherwise, with any person for repairing or amending the road, or any bridges or buildings thereon (u). The trustees are also bound to prevent or remove all nuisances and annoyances on the roads under their management(x); and they may direct prosecutions by indictment, or otherwise, for offences in respect of the same (y). To meet the expenses incurred, the trustees are to erect toll-gates (z); and the tolls are to be taken every day, the computation of them being from twelve at night to twelve the night following (a). They are to put up at every toll-gate a table of tolls, and to provide toll tickets to acknowledge the receipt (b). No person, unless specially exempted, may pass without paying (c): and (p) 3 Geo. 4, c. 126, s. 61. (q) Sects. 111, 112, 113. See Loveridge v. Hodsoll, 2 B. & Adol. 602; R. v. Higgins, 5 B. & Adol. 555; Merivale v. Exeter Road Trustees, Law Rep., 3 Q. B. 149. (r) Sect. 119. (8) 9 Geo. 4, c. 77, s. 9; 4 Geo. 4, c. 95, s. 65; 3 Geo. 4, c. 126, s. 84. (t) 3 Geo. 4, c. 126, s. 97. (u) 4 Geo. 4, c. 95, s. 78. (a) See as to steam engines, 5 & 6 Will. 4, c. 50, s. 70; 27 & 28 Vict. c. 75, s. 1. (y) 3 Geo. 4, c. 126, s. 133. (b) 3 Geo. 4, c. 126, s. 37; 4 Geo. 4, c. 95, s. 28. (c) As to 3 Gco. 4, c. 126, ss. 41, 139, see R. v. Irving, 12 Q. B. 429. if a passenger refuses to pay, the collector may seize and distrain his beast or carriage, or any other of his goods and chattels; and, in default of payment for four days, may sell the distress (d). If any dispute arises. about the amount of the toll due, or the charges of a distress, it may be settled by any justice of the peace acting for the place where the toll-gate is situate (e). Of the various cases of exemption from tolls, mentioned in the Acts, we shall only notice the following:-No toll is to be taken on horses or carriages in attendance on her Majesty (ƒ), or on any of the royal family, or returning from such duty (g): nor from officers or soldiers in uniform (h); nor from volunteers on duty and in uniform (¿); nor on carriages carrying, or returning from carrying, commissariat stores (k) or materials for turnpike roads or highways; nor (in general) on those employed in the conveyance of manure, or of implements of industry (1), or of produce grown on the land of the owner, and not sold or going to be sold (m). An exemption is also in (d) 3 Geo. 4, c. 126, s. 39. (e) Sect. 40. As to toll collectors, and the mode of proceeding against them in case of misconduct, see sect. 52; 4 Geo. 4, c. 95, ss. 30, 50; R. v. Hants (Justices), 1 B. & Adol. 84, 654. (ƒ) Independently indeed of the Acts, and in virtue of the prerogative of the crown, her majesty's horses and carriages seem exempt (though not in attendance on her) if used by her permission. See Westover v. Perkins, 2 E. & E. 57. (g) 3 Geo. 4, c. 126, s. 32; 4 Geo. 3, c. 95, s. 24. (h) See 5 & 6 Vict. c. 12, s. 62, (a provision re-enacted in the Annual Mutiny Acts of later dates); and as to the exemption of the police, see 2 & 3 Vict. c. 47, s. 10; 3 & 4 Vict. c. 88, s. 1; 14 & 15 Vict. c. 38, s. 4. (i) 24 & 25 Vict. c. 126. As to this exemption in regard to the yeomanry, see Humphrey v. Bethel, Law Rep., 1 C. P. 215; see also Tunstall v. Lloyd, 1 B. & S. 95. (k) 3 Geo. 4, c. 126, s. 32; London and S. W. Railway v. Reeves, Law Rep., 1 C. P. 580; Toomer v. Reeves, Law Rep., 3 C. P. 62. () As to what these words include, see 14 & 15 Vict. c. 38, s. 4. By 13 & 14 Vict. c. 79, s. 3, the trustees may, with approval of a principal secretary of state, reduce or take off the tolls on beasts or carriages used in conveying lime for the improvement of land. (m) 3 Geo. 4, c. 126, s. 32; 5 & 6 Will. 4, c. 18; 3 & 4 Vict. c. 51; 14 & 15 Vict. c. 38, s. 4; and see R. v. Adam, 6 M. & S. 52; Foster v. Tucker, Law Rep., 5 Q. B. 224. general allowed to any person on his road to or from his proper parochial church or chapel,-or his usual place of religious worship, tolerated by law (n),-either on Sundays, or on any other day on which divine service is by authority ordered to be celebrated (o). Parishioners also are exempted in attending or returning from the funeral. of persons, who die and are buried in the parish in which the turnpike road lies; as also are rectors, vicars, or curates going to, or returning from, their parochial duties (p) ; and voters going to, or returning from, the election of a member for the county in which the road is situated. And all horses or other cattle, as well as vehicles of every description, are also exempted which only cross a turnpike road, or do not pass above a hundred yards thereon (q). It is to be observed, however, that any person claiming or taking an exemption, by fraudulent means, is liable to be convicted in a penalty not exceeding 5l. (r). The trustees are empowered, on obtaining the previous consent in writing of a secretary of state, to borrow money, as they may think proper, on the credit of the tolls; and may mortgage them, by way of security, to the lenders (s). (n) See Smith, app. Barnett, resp. Law Rep., 6 Q. B. 34. (0) 3 Geo. 4, c. 126, ss. 32, 33; see Lewis v. Hammond, 2 B. & A. 206. (p) See Layard v. Overy, Law Rep., 3 Q. B. 415; Brunskill v. Watson, ib. 418. (g) 3 Geo. 4, c. 126, s. 32; 3 & 4 Vict. c. 33; see Gerrard v. Parker, 7 Ell. & Bl. 498; Veitch v. The Trustees of Exeter Roads, 8 Ell. & Bl. 986; Warmby v. Deakin, 14 C. P., N. S. 124; Stanley v. Mortlock, Law Rep., 5 C. P. 497. (r) See 3 & 4 Vict. c. 33, s. 36. (8) Sect. 81. See 12 & 13 Vict. c. 87; 13 & 14 Vict. c. 79; 17 & 18 Vict. c. 58, for provisions with respect to mortgages of turnpike They may also let the tolls to farm for three years at a time (t), subject to such regulations as the Acts prescribe -may compound for them with any person or persons for a year at a time-may reduce them (by consent of creditors), or may advance them to the full amount authorized by the particular Act (u). (t) 3 & 4 Vict. c. 33, s. 55. See Stott v. Clegg, 13 C. B. (N. S.) 619. (u) 4 Geo. 4, c. 95, s. 13; 3 Geo. 4, c. 126, s. 43; see R. v. Trustees of Bury and Stratton Roads, 4 B. & C. 361. CHAPTER VIII. OF THE LAWS RELATING TO NAVIGATION,—AND TO THE MERCANTILE MARINE. IN attempting to exhibit, in a condensed form, the principal laws relating to the extensive subject indicated in the title to this chapter, we shall distribute our statement under the following heads: I. The laws relating to navigation. II. The laws relating to the ownership, registration, and transfer of merchant ships. III. The laws relating to merchant seamen. IV. The laws relating to pilotage. V. The laws relating to lighthouses, beacons, and sea marks. VI. The laws relating to the liability of shipowners for loss or damage. VII. The laws relating to fisheries. I. The laws of navigation, which we shall have occasion to consider, are those which concern the united kingdom and the British possessions in general, in reference to the trading intercourse which foreign countries are allowed to hold with them. This subject was formerly regulated by the celebrated Navigation Act passed in the reign of Charles the second. [This statute was an improvement on our earlier system, which was framed in 1650, with a narrow partial view (a); (a) See Scobell, 132. |