The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1871-04-01 00:00:00

THE :11ALKLT TOLL Q ;71,STION,

Mr. Prescott then entered the room. lICCOIII-
pauied by Mr. the lessee of the
Market Tells, and sal i he was instructed to make
application to Leos Board on Mr. Smith's behalf
in reference to the tolls. They were aware that
Mr. Smith had taken to those tolls, and tin,
Commissioners had represented to him that
there were certain rights and privileges which
were now attempted to be interfered with by
persons who were ratepayers in the town, by
encouraging others, who were not ratepayers, to
pay no tolls during the present day. Mr. Brooks
was encouraging them not to pay toll to Smith.
He would inform them that he made applica•
thin to the magistrates last Friday. Mr. Collis
was on the other side. Mr. Taylor was present
and heard the discussion he had with the Bench,
who sifterwards refused to interfere in the net.
ter of tue tolls. He might draw their attention
to the fact that a man named Pardoe, who was
described as a respectable man, attempted to
enter the building without his toll, which was
followed by some disturbance.

The Chtlirmau here requested the speaker to
coutine.hitoself to the ',titaness.

Mr. Prescott : "I out g;ing. into facts, sir."
And said that his first application was to ask
the Commissioners to pro's ide two turn-stiles to
prevent persons going into the Corn Exchange,
and the other to go out into the Market Place.
He had also to request trif in to instruct soul,
solicitor to represent their interests before thi
magistrates at the adjourned hearing ot tiii
summons which had been taken out for evasion
of toll, and to be heard on April 14th, because
a contention was set up that persons had a right
to enter the building without payment of toll.
if it should be permitted, it would destroy the
.vuole of the receipts 01 the building, and be-
come a serious loss to the ratepayers He argueu
the whole question before the magistrates last
Friday, anu they decided that they had no power
to interfere in the matter as regarded the oh.
sirtiction caused by the farm, rs selling in the
Lie matter involved an important
luestion, and be was sure the Commissioners
would not allow such an obstruction by persons
who do not nay tolls,
-

Tim Utiaireo-ao said that they Lad their remedy
by their Act of Perham& nt.
.... •

Mr. Prescott said M. litog, the magistrates
clew, staged that the Act di .I not apply.
Cbairacm : We Lave (air bye-law; don't
they apply

3.1r.-iVescott. said there was one gentleman
very auxious to become a Commissioner, and lie
helped to frame them. and in one of the Acts it
states rhat u person shall not be fined exceeding
40s, and in another not exceeding £5, and that
gentleman who helped to frame them told them
they did not apply. Mr. Prescott (continuing,
said there were then a large number of stalls in
the streets, being the "fair day," and the owners
positively refused to pay the Loll.
'1 he Cheirunin said it they would not pay the
Lull they ought to be removed, or proceedings
be taken against them.
Mr. Prescott observed that there was no re-
medy for this course. Mr. Smith would soon
remove them if the police would Lein them.
What he wanted was fir them to appoint a cow-
unt.tee to wait upon the Chief Constable of the
county, and to ask him to instruct Mr. Super-
intendent Freeman to prevent the obstruction.
He thought it rather hard for such an obstruc.
Lion to be continued without the interference of
the police, whilst a much smaller offence Wa,
readily taken cognizance of and the offender
summoned before the magistrates. He though,
the Cotamissioners had made a mistake in not
having tne jurisdiction of the police stationed
in the town, for then they might reduce the
number, and he agreed with Mr. Stringer, who
once remarkel that one lamp was worth half a
ti,zoa I,oli:waled. Oa Friday last they heti
person named Melton, from Belbroughton, who
entered the Corn Exchange in defiance see
weuld not pay the toll; he asked was it reason-
able to allow any who did not live in the town ti,
thus infringe, the privileges of time lessee.
Mr. laymeir said time Highway Act would
aPPIY.

Hughes thought that it was not necessary
for them to support an application for directions
,0 De giv.o to Mr. Freeumm as they already hl
po.w, r.

Mi. Pe..scott said they had not any power.
the Higil et Ohl not >Tidy to the twin of
Stoorkireli.jc, on which they had already had the
opinion oh Mr. Salle, and it was only a waste of
time to go sayring they had power. If they
wonld grant him what lie applied for, then his
client would or bit not otherwise, be-
C ALISO they had iopi, seated 'here were certain
privileges wite the toil., but whieh could not be
exercised, and Mr. Smith, in qaity, mi6ht be
released trom his c, i.e: to-morrow. He was Cu.
titled to tic pe.tectiou of the Commissioners.
Mr. Woolley inquired whether it was true that
persons refused to pay tolls for standing in the
streets.

Mr. Prescott said they had set Mr. Smith at
defiance, and all refused to pay but one.
Mr. Woolley considered it was a great injus-
tice to Mr. Suith, because persons had paid fo
their stalls in previous years, and he thought
that some assistance should be given to him to
enable him to collect his tolls.

Mr. iiaghea arid that no one had a right to
erect a stall, and whoever did so was on trespass,
and ought to he proceeded against.
Mr. Prescott said but the niugistrates posi•
Lively refused to grant summonses.

-
Mr. Hughes said the only course to adopt
would be to apply for u mandamus.
Mr. Preteott remarked that such a proceeding
would cost between £l5O or S2OO, which would
he very hard to the leasee. He wanted to know
whether they would allow the superintendent of
police to set the Colutuisaianers at defiance. If
ioulething was not done in the matter it would
be telt Ity the r ttepayers, for the value of the
to,lB A'6llla uloCiouxse how year to ye :r, and per-
saes who Nit,/ that the ulagistratea laxt el to iii-
sicro iii the icatter would take advantage.
\%,olley tilouighit sonitthd,g should bt•
• in the tirst application at ow-e, as Mr.
tiwith was losing the toll in Foster-btreat as