The Express.
London, England, 1852-10-11 00:00:00

TURNPIKE TOLLS AND DISSENTERS.

HEREFORD, Tiloll3 DAT.
A novel attempt was made in our Quarter Sessions
Court this day, on the part of a recent convert to the
Roman Catholic faith, to obtain for the members of the
church of his adoption an exemption hors toll when pro-
ceeding to their chapels on any day in the year on which
religious worship is performed in them.
The question was tried in the form of an appeal from
the decision of the magistrates, who bad Rued the rrap..ndeut
in the case—• toll collector named Cruse 41c—for having
demanded and received toll from the appeHunt, who is a
landed proprietor and a magistrate for the county, for his
carriage, in which ho was proceeding to the catholic chapel
in Hereford, on Roster Tuesday (April 13), Whit Tuesday
(June 1), and the Feast of Corpus Christi (June 10), in the
I present dear, for the marines of attending divine worship.
The exemption was claimed under the 3rd George IN ~
chap. 128, sec. 32, which after specif,ing a great number
of exemptions from toll, enacts that toll shall not
be demanded or taken "of or from soy person or persons
coming to or returning from his, her, or their proper pare-
child church or chapel, or of or from any person or persons
coming to or returning from his, her, or their usual place
of religious worship, tolerated by law, on Sundays, or on
any other day on which divine Berries is by authority
ordered to be celebrated." The gaieties turned on the
italicised words, and was argued at great length—first, fur
the respondent (on whom the ones lit" under the act of
proving the right to exemption), by Mr. haunter Symons,
barrister-at-law; and afterwards fee the appellant, by Mr..
Skinner, Q.C., of the Oxford Cihmit. The respondent was
Mr. biddulph I'hillippe, of Loosens*, Herefordshire. No
evidence was celled, a list of adoleistme having been drawn
up and signed by each party.
Mr. Symons suggested three assetnialithe which might
be put on the words •by astlemity." Meth the authority
of the church of the worshipper ; emend, of the state, and
if so, then of the state church over its ern services ; third,
of the state church over the worship of dissenten—• con-
struction which be thought woad erne be seriously ad-
rioted. lie then contended that, as tee Stet hypothesis,
the respondent was entitled to the deehhia, inasmuch as
the Roman Catholic " Missal," whisk ie taken as authori-
tative in that church, has • service appehtted for Easter
Teen.sy,witi reference to the 'skills Mike tell as which (ley it
wee arranged that the question should be segued. By the
send construction he ntafatalsed that Ms wee wee still
elemtger , the amen of the church of IsgOosed eedering the
etheleatiem of Divine Service " daily thneghset the year.'
The third hypothesis he discarded, as met meth, et being
arr:=, for the appellant, argued dist usher easiest
acts of parlament this duty was
_lssed ppm every Math
tbe restate albeit the estehUmeg am* cps the berg
Day, oommeely celled Sunday: that relief was mhos-
quietly grathed to disinters eo tar es the piths of worship
was cotheesed; that the duty of attendees@ was stiil im-
posed es aE meta alas; that that duty eseld sot be die-
charged widths expense to the Wielded wentipper, esp.
pain thee distance and klizmilly owl Yea MAK width
expose wadi be imeive te • peer penes ; and that an
ezeseptien wee thth made, is Ilelber to facilitate the
dialler's of • duty. The " astherge2thesgaised in the
iset maithethed to be that of the mad set that
of envy penes, who might, if they themselves a
ober* sad authorise the et wenhip au the
days on which the markets meetly atemilled were held.
The Recorder, in giving foigmeat, sell he thought it
would be adopting a vast latitude et mustrusdea so say
that the framers of the Aet, when edits the weeds "by '
authority," meant the authority et the seeet Bethe, or of
Any religious congregation. The monthly et the eseetment
seemed to him to be this—that all meth= et the shush of
lieglartd, going to or returning hem the milthrede• st
Dittos service in their parish thumb es , Cheistems-
day, Geed Friday, or on days of solemn hetes, g,
sat apart for the purpose by the eels alma eapetes• autho-
rity et the legislature are exempt hem toll ; sad by the
some athatruction that all dissenters are oho exempt au the
seem days when going to or returning be. their respeetive
*Met weeship. It was very extraeedleml that, eitheesh
the est of pediment under which Mr. MM4ms admit
themplise had bum is existence for 30 yeue,se see oremed
be bath et templed say such use of it. Is *Nee the
euovieliem et the tratse was • wrong sea, sa must
beirereat s were mitered to be paid by the respondent, and
an n to grant a case for the court above was re-
fused, the entioreri being removed is such eases.
Thesauri was crowded during the hearing, and great in-
terne war suited.