GALBRAITH V. THOMSON.

Auckland Star, Volume III, Issue 636, 25 January 1872, Page 2

GALBRAITH V. THOMSON.

BILKING THE TOLL.

To the Editor of the Evening- Stae. Sic, — Ignorantia legis non excused. I was the defendant in the above case tried on Thursday last at the police court, and from my position was prevented from giving evidence. The maxim in equity above quoted, viz., " Ignorance of the law excuses not," may be a warning to others similarly situated. Wishing to reside on the New North Eoad side of Mount Eden toll gate, and the nature of my occupation compelling me to keep a horse, I injudiciously made a verbal contract with Galbraith (i.e., the plaintiff) to allow me to pass and re-pass as often as I liked for Is 6d per week, which amount was paid weekly by me- After occupying my house for some time, the plaintiff in this case (the toll-keeper) thought to fix me to the regular toll of 3d per journey, which would more than double the amount of toll" CO "DB pard-by—mo. ■-—*Hria I considered an injustice, and as there were two public highways facing my house, I took advantage of them. It was upon the ex parte statement of the plaintiff, viz., that I led my horse off one of these highways on to private land that a verdict was obtained and the fine of Is inflicted by the court. Now this contracting with a toll-keeper to accept less than his proper scale of charges, it appears, is quite a one-sided agreement, he having power to demand his tabulated scale at any time. This may be valuable information to many resident on the wrong side of any toll, particularly when the lessee is remarkable for unnecessarily peremptory and abusive behaviour. Had I made a contract with " Old Weller" in Pickwick, whose ambition in his old age as a retirement was to " keep a pike," and whose extreme civility recommended him to every one, it would have been a treat to pass through his toll in preference to a by-road ; and I recommend colonial tollkeepers generally to become, as far as regards civility and good humour, a reflex of old Weller. The result of this case clearly shows that any public highway may be used, although it should cut off the passage through a toll, and that the streets, until bars are put up, are highways dedicated to the public. I am, &c, W. A. Thomson. Mount Eden Terrace, New North Eoad. [We desire to make special apology for the delay that has attended the insertion of this letter.—Ed. E.S.]