A statement by Henry Crabb Robinson concerning a case of a Mr Ashby, whose horses were charged twice for a toll on the same day at the Turnpike gate at Caxton, Cambridgeshire. A summary of the case is provided (but not in Robinson’s hand), to which Robinson has added an opinion on the case. 

  I am of opinion that Mr Ashby is not liable to pay this toll – The 30th. Geo: 3. C. 4 §4 exempts persons from paying toll twice on one day at the same gate. And the general provisions of this act are applied to the 41st. Geo: 3. C. 80.  And by this latter act the toll is on each horse drawing any waggon, not on each waggon drawn by horses. And it is certain that this is a distinction intended by the legislature, for there is in this same act a toll imposed on every coach &c drawn by more than two horses[.] The toll being on the horse drawing a waggon, the exemption applies to the horse drawing any waggon during the day.  I should have had no doubt whatever looking merely at the act, but the point has been expressly decided.

       In Williams v. Sanger 10 East 66 it was held by the Court of King’s Bench that where the toll was on the carriage, it was exempted on it’s return whether it was then drawn by the same or different horses.  So here, the toll being on the horses, they are exempted on their return whether they draw the same or a different waggon.       

                                     H. C. Robinson

Middle Temple 28th May 1819 

Text: British Library, Add. MS. 35690, fol. 159.