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Conway Bridge Tolls.I

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Conway Bridge Tolls. I THE COUNCIL'S SOLICITOR'S REPORT. I PRAISE FOR OFFICIALS. I THE FUTURE OF THE BRIDGE. At the meeting of the Corporation held in the Guild Hall yesterday (Wednesday) afternoon, and presided over by the Mayor, a report was submitted by the Council's solicitor (Mr. Thornton Jones) of the action of the Bridge Commissioners v. J. Lloyd Jones, the toll collector; and it was decided to embody tilo report in the minutes of the Corporation. The following is the report:- I am glad to be able to report that the appeal from the judgment of Mr. Justice Eve was en- tirely successful, and that the original opinion of Mr. Macmoran, K.C., was fully justified. The hearing took place on the 3rd February, beiore the Master of the Rolls and Lords Jus- tices Fletcher Moulton and Buckley, who unani- mously set aside the decision of Mr. Justice Eve, both on the claim and the counter-claim. They made absolute the injunction, with costs both of the appeal and in the Court below, and ordered that the defendant's solicitor should refund to you the defendant's taxed cost paid him under Mr. Justice Eve's judgment. We had taken the precaution after Mr. Justice Eve gave judgment to ask that the de- fendant should, by his solicitor, be put upon terms to repay such costs in the event of an appeal being successful. This was acceded to, and the costs were taxed at £232 IOS. 4d. and paid. Application for repayment has already been made by me to the defendant's solicitor, and I will see the order promptly obeyed. The claim in itself was not at first sight com- plicated, being really a question of construction, but it was by no means free from difficulty when it came to be argued and critically exam- ined. I need not review these difficulties in detail. It is sufficient to say that they were such that a distinguished Judge of the High Court thought the defendant's conten,tian was right. So did I at one time. What clouded the real issue at the first hear- ing was, in my opinion,— (i) The admission by Mr. Justice Eve of evidence of former leases, out-of-date and irre- levant correspondence with reference to tolls, and specious arguments as to the application of old Highway and Turnpike Acts, and as to the objects of the wordls upon which we relied. j (2) The trial of the counter-claim simultan- eously with the claim. The latter most seriously prejudiced our case, as it not only involved a very considerable addi- tion to the labour incident to the action, but tended to divert proper attention from the questions arising in the action itself, by the time it was necessary to devote to dbnsddering the very numerous and delicate points of law, all highly technical, raitsed by the counter- claim and the defences thereto. For it must be remefmbe-red that practically two separate actions have been fought, and fought twice over, each based on quite distinct grounds. After the original judgment I was, for financ- ial reason« which still hold good, not inclined to advice an appeal. If the defendant had been prepared to accept a moderate amount in satisfaction of your liability, in respect of the undertaking given by the Council when the interim injunction was applied for, there would probably have been no appeal. For, except the gratification which vic-toty- brings, there was very little material advantage to be gained. The object of your intervention had been attained by preventing th. Ivvy of increased tolls, especially during the past summer. But in reply to my inquiry as to what tha defendant claimed, the defendant's solicitor wrote as follows, of course without prejudice I have not had an opportunity of enquiring closely into the claim, but I find that my client is entitled tt. claim in respect of upwards of 10,700 motor-cars, at 5s. each, and-upwards of i,oo cars at 6s. each. In addition to the above, there is approx- imately a sum of £ '00 in respect of other vehicles. Of course, these are matters which would in the ordinary course have to be enquired into, but if your clients are prepared to offer ZI,500 in resipect of the defendant's claim for the period ist of April last to the 12th of November instant, I think the amount would be accepted if paid at once." I did not reply, as the claim was so. grossly extortionate and unreasonable as to preclude negotiation. Thereupon, having taken your instructions, and without e-oing to the trouble of obtaining counsel's opinion, I gave notice of appeal and made the best of it. The Court of Appeal paid an unusual compli- ment in expressing their appreciation of the way in which the case had been prepared and pre- sented to them. LOTd Justice Fietcher Moulton desired to retain his copy of the documents in the action "as a model for others." His re- quest was very readily granted. Mr. Clayton, K.C., did his work admirably, assisted by Mr. Hover, of the Chancen" Bar. whom I brought into the caes for the sake of his special knowledge and skill in conveyancing matters and the construction of deeds. T do not think the defendant was at all pre- judiced by the absence of his leading counsel, as Mr. Owen Thompson, hi.s able junior, made every point which his leader had urged in the Court below. To the Town Clerk I am indebted for the I great assistance his long experience of Bridge matters so well qualified him to give. The Borough Accountant rendered verv effective help in the heavy work of reference to records, minute books, and extensive corres- pondence relating; to the Bridge for the past twenty years, which the defendant's counter- claim, notices, and subpoena to produce ren- dered necessary. It was essential that I should be made fully conversant with all the details of these documents in the shortest possible time. The Accountant very thoroughly and with dis- crimination did all that was required in that respect. At the original hearing Mrs. Furness, of Plas Mawr, at some personal inconvenience and at an inclement time of the year, readily came for- ward, undertook the journey to London, and gave valuable and important evidence. Mr. Isaac Lloyd Parry (who I regret to hear is ill) gave evidence relating to an episode at a critical period of the earlier incidents in the case clearly and well. I will send you a transcript of the shorthand notes of the proceedings in both Courts, to be kept among the records of the Commissioners. I am having the costs of the action and appeal as against defendant prepared for taxa- tion., and will take steps to endeavour to recover the amount allowed without delay." The following resolutions were unanimously passed:—(1) That the best thanks of the Com- missdoneTs be tc" to Councillors Dr. Mor- gan and A. J. Oldman for attending at the trial and appeal in London, and for having dleyoted so much of their valuable time to the interests of the Commissioners in this action." Councillors Morgan and Oldman responded, and thanked the Committee for the kind manner in which they had expressed their appreciation of the services rendered by them. (2) "To record in. the minutes the Committee's appreciation of the skill and care fhown by the Solicitor, Town Clerk, and Borough Accountant in connection with this action." (3) To tender to Mrs. Furness the Com- mittee's best thanks to her for undertaking the journey to Ixmdon. at the first hearing at some personal inconven.ience and at an inclf-- time of the year." FIRST DEFENDANT'S C^^ from Mr- in which he stated that he had received through his agents Z232 12s. Jd. taxed costs repaid by I defendant's solicitor pursuant to the judgment of the Court of Appeal BRIDGE FUTURE LETTING. It was unanimously resolved, on the motion of Councillor James Porter, seconded by Coun- cillor Edward Jones, to recommend That the collection of tolls be undertaken by the Com- missioners themselves for one year after the expiration of the present lease." A letter was read from the lessee (Mr. J. Lloyd Jones) applying for a continuance of the present lease to him for a further period ol three years. It was decided to acknowledge the receipt of the letter, and to inform Mr. Jones that the question, of Bridge Tolls was now under con- sideration by the Commissioners. REVISION OF BRIDGE TOLLS. A general discussion took place as to revising the tolls for the future, when it was decided to defer the further consideration of this question until the next meeting, and that in the mean- time the Town Clerk and Accountant be re- quested to obtain as much information as they can relating to the tolls taken at the Bridge, and to submit the same to the Committee at its next meeting. The Town Clerk was further requested to send to each member of the Committee a copy of the Schedule ot lolls and exemptions relating to tne Bridge. Mr. C. A. Hutton, manager of Llandudno Coaching and Carriage Company, Limited, attended before the Committee and expressed his views upon the Bridge tolls now charged for coaches and charabancs. He stated that charg- ing 25. each way was excessive, and tended to discourage the traffic, whereas if the toll was paid once only for the return journey it would be reasonable and have the tendency to increase the number of coaching tours over the Bridge by his and other Companies. Mr. Hutton thanked the Committee for allow- ing him to appear before them, and after he-had retired it was unanimously resolved that coaches of this descript,ion be charged on the •same basis as hackney carriages, namely, one toll for the outward and return. Journey. REVISION OF TOLLS. The Town Clerk reported the 'esult of his en- quiries, and submitted a statement relating to the Bridge lolls. The Borough Accountant also reported and submitted detailed estimates of the receipts and expenditure upon a revised scale of tolls, based upon the information obtained by the Town Clerk and himself. From this statement it appeared that if pedestrians were allowed free over the Bridge, the surplus of revenue over expenditure derived from other tolls after revision, together with interest on the present capital of [7,400, would approximately be [400, After discussion, it was decided, by a major- ity, that all foot passengers be allowed to cross the Bridge free of toll. The tolls were then considered seriatim, amended in several instances, and finally approved as follows — SCHEDULE. Tolls Payable i.n respect of Bridge Î. s. d. For every truck, bicycle, or such like carriage 0 0 2 For every motor cycle ••• ••• 0 o 6 For everv two-reated motor car with rubber tyres 0 @ 6 For e\ery motor car, exceeding two- seats, with rubber tyres o 1 o For every motor charabanc, do. do. o 3 o For every engine, carriage, or other vehicle, cither than motor cars with india rubber tyres, propelled or moved by .steam, or machinery, or otherwise than by animal power, for each wheel thereof o x o Provided alwavs that tire Commissioners shall I be at liberty to refuse the passage over the Bridge of any such engine, carriage, or other vehicle if they consider that the structure of the 1 Bridge would be thereby endangered. Provided always that no enne, carriage, or wagon, or other vehicle, weighing, when loaded or unloaded, more than 10 tons, shall be allowed to pass over the Bridge. For every horse, mule, or ass, laden 01 unladen, and not drawing o o 2 For every horse or beast of draught drawing any coach, chariot, brough- am, clarence, sociable, chaise, Berlin, calash, landau, tandem, phaeton, gig, curricle, barouche, whiskey, buggy, or other carriage o o 6 For every horse or beast of draught drawing any wagon, timber, carriage, wain cart. van. or caravan drag, truck, or other like -ehicle o o 4 For everv score of oxen, cows, or neat cattle 0 0 6 For every score of calves, sheep, lambs, goats, or pigs o o 4 And so in proportion for any greater or less number, but in all cases where there shall be a fractional part of a halfpenny in the amount of any tolls the sum of a halfpenny shall be de- mended and taken in lieu of such fractional part. For every other animal (except dogs) 006 < Provided always that the payment of any of I the foregoing tolls includes the right of returning over the Bridge on the same day free of toll, and I in the casee of private carriages (not plying for hire) and carts, the tolls shall only be payable once on the same day, notwithstanding such private carriages and carts may pass and repass the Bridge more than once upon the same day, between midnight and midnight. CONTRACTS. o.. lor bicycles used by workmen whilst proceed- I ing to or froim their regular employment, six- I pence per week (Mondays to Saturdays, both days inclusive), payable in advance. For a private motor car (not plying for hire), £$os. od. per annum, payable in advance. For a private two-horse carriage (not plying for hire), £ os. od. per annum, payable in advance. For a private one-horse carriage (not plying for hire), £2 os. od. per annum, payable in advance. Annual contract tickets to date from the first day of any month. EXEMPTIONS FROM TOLLS. The following are to be exempt from the Bridge Tolls:- (I) Carriages attending the funerals of such persons as may die within the Borough of Conway, and are buried within or out of the said Borough. (2) Wheelbarrows, bath chairs, and peram- bulators. (3) Vehicles conveying persons attending Church or Chapel. (4) Horses, carriages, carts, or other vehicles engaged by or on behalf of the Commissioners to repair, clean, inspect, and examine the said Bridge or the approaches thereto. (5) The occupiers of Gloddaeth and Bod- ysgallen Halls and; their servants. (6) Animals going to or from fairs held period- ically in Conway. COLLECTION OF TOLLS. It was unaimouslv resolved to request the Chairman (Councillor A. J. Oldiman) and the Accountant to consider the best system for col- lecting the tolls, and to submit their scheme to a special meeting of the Committee. COLLECTORS. resolved After fully consideri n^led by the Commis- pointing collect;?^ appointed should an" Instant, to be approved of by 'he the collector to be appointed by the Commission per free hojise(biit no gas or fuel), this to include the salar pa d by the collector to his assistant. J

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