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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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parishes between that parish and the parish of jttowde . The defendant was the collector of the toll at the gate , and demanded the sum of lOd , for the passage of the plaintiff in his cart . The plaintiff stated the place , and the purpose to and i *
which he was going , and claimed to be exempted from the payment of toll , under the proviso in the act . The defendant refused to permit the plaintiff to pass without payment of the toll , and the plaintiff , to avoid the distress which was threatened , paid 10 d , which was so demanded .
" This case was argued on a former day in this term , by Gaselee for the plaintiff , and C F . Williams ^ for the defendant . The Court went so fully into the question in giving judgment , that it became unnecessary to state the arguments ; and now ,
" Abbott , C . J . delivered the judgment of the court . This case was very well argued before us , in the course of the present term . By the body of the act the toll is imposed generally ; the party who declines to pay it , must therefore bring himself within the terms of the exception ; but we
are of opinion that the plaintiff has not been able to do > so . The early parts of the clause of exemption are not framed with such perspicuity as to aid the construction of the latter part , upon which this question has arisen . That part is as follows : ' nor for any person or persons
residing in any township or parish , in which the said roads lie , going to and returning- from their proper parochial church , chapel , or other place of religious worship on Sundays ? This exception does not extend generally to all persons going' to or returning from a place of religious
worship , nor even to all persons going * to or returning * from their proper place of religious worship ; for it is obvious , that a person of the same religious persuasion as die plaintiff , and who should be a member of a Dissenting * congregation , assembling at a place situate in one of the parishes in
which these roads lie , but who should reside out of any of those parishes , would not be entitled to the benefit of the exemption . It is obvious also , that members of the Church of England , residing * in one of the parishes , who should resort to a church in another parish , either ordinarily , by reason of its more near and convenient
situation , or at extraordinary seasons , when the church of their own parish might happen to be under repair , would not be entitled to the exemption ; because sucli persons would not be g * oing to their proper church . And this , appears to us to shew ,
that the words ' chapel or other place of religious worship , ' which follow the word church , are to be understood of places of the same kind as church , which is first mentioned . , It is mot denied that they are to be so understood , as far as regards the
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first epithet c proper , ' that is , that they are to be understood of places of assembly , of which the parties resorting to them ? are quodammodo members . And we think they are so to be understood also , with reference to the epithet , * parochial , * and that this word is to be applied in
construction , not to the word church only , but also to the following words , chapel or other place of religious worship , ' as denoting the situation of such chapel 01 other place , with reference to the residence of the persons frequenting it . This construction is also aided by the consideration of
convenience . The gate-keeper may be expected to inform himself as to the persons residing in his parish , the places of worship situate within it , and the hours of usual attendance at them , but he cannot be expected to acquire such information , as to other and more distant places : and unless we' are right in our construction of the clause , there will be no limit to the distance of
the place , except such as the practicability of travelling to it may impose . The extensive limits , therefore , contended for by the plain tiff , may occasion much uncertainty and confusion , and much dispute and wrangling , on a day that ought to be
specially devoted to charity and peace . For these resons , we are of opinion , that the plaintiff is not eutitled to recover ; and the postea must be delivered to the defeudant that a nonsuit may be entered . " Judgment for Defendant . *'
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Intelligence . —Derby , Nottingham , $ rc . Quarterly Meeting . 59
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Derby , Nottingham and the South of Yorkshire Quarterly Meeting . The Quarterly Meeting of the Ministers of the Association formed for the counties of Derby and Nottingham ^ and the South of Yorkshire , was held at Sheffield , on the 22 nd of last December . The sermon was
preached by the Rev . Mr . Williams , of Mansfield , from 2 Tim . ii . 15 . The devotional and other parts of the service were conducted by Mr . Turner , of Nottingham . The discourse , aa the text will shew , contained , principally , advice to ministers , both in the discharge of their duty , and
under those trials to which , they are too often exposed from captious and perturbed spirits . It contained also many useful hints to congregations , relative to the manner in which they should behave to their pastors , and receive their instructions , esteeming them highly for their works' sake , " shewing them respect , manifesting an attentive and
candid mind , not neglecting u the assembling of themselves tog-ether , as the manner of some ( we may add in these times rndnyj is , ' * and joining them heartily in their exertions to promote the u truth as it is in Jesus , " and advance the interests of pure and undefiled religion throughout the world .
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Citation
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Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), Jan. 2, 1819, page 59, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/mruc/issues/vm2-ncseproduct1768/page/59/
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