Stage-coach and Mail in Days of Yore, Volume 1 (of 2): A picturesque history of the coaching ageHarper, Charles G. (Charles George)
History
Stage-coach and Mail in Days of Yore, Volume 1 (of 2): A picturesque history of the coaching age
Harper, Charles G. (Charles George)
Coaching (Transportation) -- History
To make a digest of this whole series of enactments and the clauses
repealed and re-enacted would not only tax the acumen and industry of
a Parliamentary lawyer, but the result would be tedious. Let us, then,
pass to the Act called, in Parliamentary jargon, “24th George II., c.
43.” This came into operation July 1st, 1752, and took off one of
the six horses allowed to waggons by the Parliament of Queen Anne. No
carriage or waggon drawn by more than five horses, except up steep
hills, was permitted to pass through any toll-gate or toll-bar, unless
the sum of twenty shillings over and above the usual tolls was paid;
and any person taking off any horse from such vehicle, with intent
to avoid the payment of the additional toll, was, on conviction of
the offence, to forfeit £5 to the informer, who was given the right
to levy a distress on the offender’s goods if he could not recover
the penalty in any other way. At the same time, no waggon was to pass
which weighed, with its contents, more than three tons; and weighing
engines were to be provided by turnpike trustees, to see that the law
was not infringed. This was a very determined Act, but those who drew
it were very well satisfied that, considering the comparatively few
roads already turnpiked, its meshes could not be made small enough to
catch those offenders who constantly carried weights up to five tons
upon the roads and yoked up ten or twelve horses to drag the enormous
load. It was obvious that the only thing the waggoners had to do in
order to evade the law was--risking the chance of finding the way
impassable--to turn aside on nearing a turnpike and to make a circuit
along parish roads where no toll-houses existed. Accordingly, those
who framed the Act inserted what was intended to be a very alarming
and altogether disabling clause. It was made an unlawful act to drive
off in this manner into adjacent roads for the purpose of avoiding
toll, and a penalty was set up for so doing. This was the forfeiting
of one horse (not being the shaft or thill horse) and “all his gear
and accoutrements.” This phrase for harness strikes one as being
magnificent, and almost raises the sturdy Suffolk “Punch” or the
Lincolnshire carthorse to the status of a military hero.
No enforcement of this penalty can be found, but it is not to be
supposed that it was never made, although, to be sure, the clause
had loopholes sufficiently wide for the traditional coach-and-six to
be easily driven through. Apart from the questionable legality of
forbidding common roads to traffic, it would have needed no very able
lawyer to successfully defend an offender charged with being on a
bye-route “with intent to defraud” the tolls. Half a dozen sufficient
explanations would have been ready. The waggoner might have missed his
way; it might have been his best way--and so forth.
Public-domain text, read in full here on John Shaqi.
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