HARLEY v SIMPSON (Court of Session)

Harley, the tacksman of Kerse toll-bar, presented a summary petition, under the General Road Act, to the sheriff of Stirlingshire, against Simpson, for payment of three shillings as tolls, said to be due, in virtue of a local statute, for the passage through that toll-bar of six carts and horses, belonging to the defender, loaded with dung purchased by him at Grangemouth, for the use of his farm in the neighbourhood of the road along which the manure was transported.

Replies having been given in by the pursuer, the sheriff allowed a proof as to the former practice with regard to carts passing through the toll-bar carrying dung which had been purchased; and afterwards (27th May 1829) found ‘that the dung purchased by the defender, and driven through the pursuer's toll-bar, was carried for sale, there being no difference whether it was carried in carts belonging to the defender himself, or to the person by whom the same was sold;’ and found the defender liable in payment of the toll-duty claimed.

The other Judges being of the same opinion, the Court pronounced the following judgment:—‘In respect of the provisions of the 108th and 112th sections of the General Road Act, which render the review of the sheriff's judgment incompetent in the present case, find that it is unnecessary to proceed on the grounds of decision stated in the interlocutor of the Lord Ordinary submitted to review; refuse the desire of the reclaiming note; find additional expenses due.’

Lord Moncreiff, Ordinary. For the Charger, Jameson, Currie. James Duncan, W. S. Agent. For the Suspender, Skene, Patton. Ja. Burn, W. S. Agent. F. Clerk.

The form of proceeding for recovering the tolls, pointed out by the local statute in question, was said to be by distress and sale, under authority of the road trustees, who are authorised to act as justices of the peace in regard to the several provisions of the statute.