THKASHING MACHINES IMPLEMENTS OF HUSBANDRY. 341 



roads therein respectively mentioned," As the non-exemption of lime 

 was felt to be a hardship by agriculturists, the statute 13 & 14 Vict. 

 c. 79, s. 3, empowered the trustees or commissioners of any turnpike road, 

 notwithstanding any local act, and without the consent of those who 

 have lent money on the credit of the tolls, to reduce or wholly take off, 

 if they think fit, tolls on lime used for the improvement of land. 



It was enacted by sec. 4 of stat. 14 & 15 Vict. c. 38, that the words 

 *' implements of Imshafidri/," in 3 Geo. IV., c. 126, s. 36, should be 

 deemed to include thrashmg-'machines ; and it was held by the Court 

 of Queen's Bench in Reg. v. Matty that horses employed in conveying 

 a steam-engine, which is intended to be used as the motive power of 

 a thrashing-machine, which accompanies it, are exempt from toll. 

 The steam-engine in this case was drawn by horses, and was follow- 

 ing a thrashing-machine also drawn by horses, and both were going 

 along a turnpike -road to a farm, to be employed in thrashing corn. 

 The thrashing-machine was allowed to pass through the turnpike-gate 

 free of toll, but toll was taken for the steam-engine, and the toll-keeper 

 was afterwards convicted for improperly taking such toll, and his con- 

 viction was affirmed by the Worcester June Quarter Sessions, sul)ject 

 to a case for the Court of Queen's Bench, which affirmed the con- 

 viction. 



Lord CampMl C.J. said: "Looking at statute 3 Geo. IV. c. 126, I 

 should rather think that a thrashing-machine is an implement of hus- 

 bandry within the meaning of that act, were it not for the particular 

 words ' ploughs or harrows,' which precede that expression ; and may 

 therefore narrow its meaning. But stat. 14 & 15 Vkt. c. 38, s. 4, having 

 expressly enacted that implements of husbandry shall be deemed to in- 

 clude thrashing-machines, that point is settled ; and the question is 

 whether this steam-engine, which was to be used for the thrashing- 

 machine, and for no other purpose, is to be considered as part of the 

 thrashing-machine. I think that it is. Both the machines belonged 

 to the same man, were travelling together, and if the same horses had 

 dragged the whole machine together, it is not doubted that the exemp- 

 tion would exist as to the whole. Suppose, for convenience, that the 

 thrashing-machine had been divided into two carts, both would have 

 been entitled to be exempted from toll ; and it can make no difference 

 that the thrashing- machine and the steam-engine were in like manner 

 separated. I think further, that if the steam-engine had been travel- 

 ling by itself for the sole purpose of working the thrashing-machine, 

 in such case the exemption would arise. We here distinguish between 

 horses or animal power, which cannot be an implement within Dr. John- 

 son's definition of the word, and a steam-engine, which is within the 



