340 STREET-SWEEPINGS CONSIDERED MANURE. 



withiu the exemption in the Stamp Act 55 Geo. III. c. 184, schedule 

 part I, title " Agreement." 



Agreement between Mr. Wm. Gnrr and Mr. Scudds :— 



"I doll aggree {sic passim) to take all the raannure at 4^7. each horse, 

 a week for 45 horses by the year ; and to keep it cleared away every 

 week ; and likewise to let the few Gardners have a few loads at the 

 same price, and serve them ; and to let me have during the year 60 

 loads of straw at £l Os. per load : began the year 23 July, 1852, and 

 ends 23 July, 1855. "Wm. Gurr." 



A horse and cart employed by a dust contractor in conveying street 

 siveej)ifi(/s (found in this case to be manure) to a place of deposit, partly 

 for the contractor's own use as manure, but principally for the purpose 

 of sale as manure, was held in Heg. v. Frei/Jce, to be within the following 

 exemptions in a local turnpike act (59 Geo. III., c. 95, s. 25) : " For 

 any horse or other cattle or carriage employed in carrying or conveying 

 (among other things) manure employed in husbandry for manuring or 

 improving the land." Lord Camphell C.J. said : " I am of opinion 

 that this exemption was properly claimed ; and this exemption being 

 for the benefit of agriculture, that is as much affected by this case 

 being exempted from liability to toll, as by the case where the manure 

 is being actually conveyed by the farmer to be laid on his own land." 

 His lordship also ruled that a cart carrying guano to a place of deposit 

 to be sold again was within the exemptions (/?;.). 



Gurncy B. had previously ruled in Pratt v. Brown that uncrushed 

 hones which are taken through a turnpike to a farm, to be there 

 crushed, and part of them there used as manure, and the residue to 

 be afterwards sold, and to be used for manure at other farms, are 

 exempt from toll under 3 Geo. IV., c. 126, s. 32, and 5 & 6 117//. lY., 

 c. 18, s. 1. By section 1 of the latter act "no toll shall be demanded 

 or taken on any turnpike road for or in respect of any horse, beast, 

 cattle, or carriage when employed in carrying or conveying only dung, 

 Boil, compost, or manure for land [save and except lime), and the neces- 

 sary implements used for filling the manure, and the cloth that may 

 have been used in covering any hay, clover, or straw which may have 

 been conveyed." P>ut by sec. 2 of this act it is provided that "nothing 

 herein contained shall extend or be construed to extend so as to exempt 

 any waggon, cart, or other carriage laden with dung or manure for 

 manuring land, or any horse or other beast drawing the same from any 

 toll imposed in respect thereof, by virtue of any local act or acts now 

 passed, whereby such toll has been imposed for the maintenance of the 



