The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1860-10-02 00:00:00

STUR3II NSTER NEWTON.

iVI E COE TA.. -I NI ToRTA NT DE, ma
v. - C:Sbe was heard before the Cmuty
Nlagistrates int the 27th ult. It was an information
tinder the General Turnpike Act, for a decision
whether the Mlle Corps were exenipt from toll
under the General Turnpike Act, going to and re-
turning from duty. in a carriage or on horseback,
being dressed in the uniform of the corps. Mr.
George Chitty conducted the case on the part of the
complainant. and stated that Vic ease which he bad
to present to the bench ~f magistrates was one re-
quiring consider:anal. awl of iinieTtatice, not only to
the c.uiplainant but to the w 11.,1e body of the
Volunteer Infantry. The complaihant, Mr. Williams,
Woolland House, Dorset. is a lieutenant in the
Storminster Branch of the Vale of Illackomor Itille
Brigade, and on the day named in the summons was
proceeding in the uniform of the corps, in a carriage
drawn by one borne, from Woolland House to titur-
minster to attend drill, and on his way thither he
had to pass through the Newton Turnpike Gate of
the Vale of Illackinoer Turniake Trust, when the
defendant. the collector of the tolls, demanded
the toll of 44.1. Mr. W illiams then claimed exemli•
lion from the toll, he being in the uniform of the
ride corps to which he belonged, and ',mewling on
duty. The defendant, however, ilisreganled the
exemption elainied. and insisted upon the toll, whieh
Lem. V% jai:1101 jotul, at the cane time claiming Ms
exemption Xi an officer on duty. Mr. Chitty stated
that the reel ion claimed was under the 32nd sec.
of 3rd George IV chap. 12th, wide!' enacts that no
toll shall be demanded or taken " For any carriage
conveying volunteer infantry, or for any horse fur.
nishi d by or for any person belonging to any corps
of yeomanry or volunteer cavalry or infantry, and
mile by him in going to or returning from any
place appointed for and on the days of exercise,
inspection, or review, or in other public duty, pro-
vided that such person should be dressed in the uni-
form of his corps. and shall have his arms, furniture,
and accoutrements, according 0 the regulations of
such corps, at the time ~f claiming such exempti.m."
Mr. Chitty also quotcst a case from the 'Justice of the
Peace,' which took the same view of the exemption
claimed as Mr. Chitty, viz., that it was a valid 11110,
and that if there was any doubt as to the exemption
claimed, the public was entitled to the henelit of the
doubt. Mr. Williams did not bring the case there
for the purpose of a tine against the defendant. but
upon principle, for the general benefit of the Volun.
tcer (.urps. alr. Chitty concluded by urging upon
the Bench the validity of the exemption and the
convict of the defendant in a nounnal penalty.
The evidence of Lieutenant Williams having borne
out Mr. Chitty's statement of the facts of the case,
and the defendant being called on for his defence,
stated that all he could say about it was, " He didn't
know that Volunteer soldiers were exempt from
toll." Nlr. lianhani, the Chairman of the meeting,
in pronouncing judgement, stated that the Court
were unani iiiii us in opinion that the exemption
claimed was a valid one, and convicted the defendant
in the nominal penalty of lid., with costs.