The Sun.
London, England, 1861-05-08 00:00:00

POLICE INTELLIGENCE—May 7.

LAMBETH. THE VOLUNTEER TOLL QuEs-
TION.— ITS FINAL SETTLEMENT. Mr. Thomas
Taylor, the lessee of Kennington-gate and other
tolls, and Capt. Stephenson of the Ist Surrey
Volunteers, with Mr. Stockbridge, his legal adviser,
attended before Mr. Elliott to hear that magistrate's
final decision on the long pending and much vexed
question of liability of volunteers to pay tolls when
going to or returning from duty.
It will be recollected that in the month of June
last a summons had been taken out against Mr
Taylor under the General Turnpike Act, by Messrs.
Stockbridge, Goodall, and Hodgkins, members of
Capt. Stephenson's corps, for unlawfully demand-
ing and receiving threepence toll on a cab, in which
they rode in returning from drill, they claiming
exemption under the 32d clause of the act, and after
hearing the whole of the evidence, and carefully
considering the provisions of the act, Mr. Elliott,
considered the charge for toll justifiable, and dis-
missed the complaint.
Mr. Stockbridge, however, considering the ques-
tion involved to be one of such importance to the
volunteers generally, gave notice of appeal, and
from that time the decisions of various other magi-
strates on the point had been reserved until the de-
cision of a higher court had been obtained on this.

On Saturday week the case was argued in the
Court of Queen's Bench (Sittings in Banco) before
Lord Chief Justice Cockburn and Justices Cromp-
ton and Blackburn, by Mr. Lush, Q C., and Mr.
Levy for the respondent, in support of the
magistrate's decision, and by Mr. Garth for the ap-
pellant ; and their lordships, after lengthened argu-
ments pro. and con., thought the appellant entitled
to the exemption claimed, and directed that the case
might be remitted back to Mr. Elliott for his deci-
sion, according to the provisions of the Act, as in-
terpreted by their lordships.
When the case was called on, Mr. Stockbridge
said that when the notice of appeal against his
worship's decision had been given he stated that it
was the intention of himself and his friends, mem-
bers of the Surrey Volunteers, to have paid the ex-
penses of Mr. Taylor, as well as their own, by means
of subscriptions raised from the corps generally,
whose benefit they were advocating; but he was
sorry to say that, including £5 from Earl Spencer,
a guinea from Lord Elcho, and a guinea from Hon.
G. C. Norton, his worship's colleague, the whole
amount subscribed did not exceed £lB, whilst the
expenses for prosecuting the appeal were £6O, so
that so far from being able to assist Mr. Taylor,
whose expenses he feared were also considerable,
the appellant was upwards of £4O out of pocket.
He (Mr. Stockbridge), however, had too high an
opinion of the liberality and independence of thb
Volunteers than to suppose that they would allow
a gentleman who had been fighting their cause, and
obtained for them such a victory, to be so serious a
loser.

Mr. Elliott could not se eivicahogruor.wretTe,taahabynell
deoe
rxt)tpohetanhtsefie sdsehed decision
opinionol should
be so much, particularly as he understood it Was
the cheapest possible mode 01f502., obtaining
the be
expense a a judicial
opinion. For his own part, he was very glad
the point of law was settled so satisfactory to
all parties, and all that remained for him now
slieis
returnewwxaa pss
r giveettshostaehtde t3bhdye ht
cdihsheeafdecision
id a
the summons.

Mr. Taylor paid 3s. into court, and handing 3d.
towards the defendant, said—Your worship, they
refuse to take back their money. (Laughter.)
The parties then retired, and thus has ended the
much-vexed vexed Volunteer toll question.