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Riding Without Control.

Richard Young the driver of a timber tug, was charged with riding without proper control of his horse in the Parish of Hougham near Dover on the 19th May.  Superintendent Weston of the Kent County Constabulary said that on the 19th May he met the defendant on the Folkestone turnpike road in the Parish of Hougham. Defendant was coming from Folkestone to Dover. He was not with his cart at all but riding in another man’s cart, his tug being behind.  When he saw witness approaching defendant got out of the cart and by this time he got up had the “lead” of his foremost horse in his hand. Defendant said that he had his lead in his hand when in the cart. The tug and the cart both belonged to one employer and he had got into the cart for the purpose of speaking to his fellow servant.

Superintendent Weston in reply to the magistrate said he would swear when the defendant took hold of the leading reign, but by his movements on getting out of the cart he did not believe he had hold of it in the first place to which the leading rein is generally attached, but witness did not take particular notice because he knew that however this might be the defendant was infringing the Highway Act, which did not permit a driver to ride at all with a simple leading rein. The Superintendent said however that he did not wish to press for a heavy penalty for the defendant he believed was a civil well-behaved man.

The magistrates said that from his own knowledge he was aware the defendant was not a man to break the law wantonly but that he had been guilty of an infringement seemed clear and he must therefore be convicted. He would be fined in the lowest penalty 1s and the costs 9s. The defendant on asking for an exposition of the law relative to tug-driving was informed that a driver of one horse may ride on his tug if he is provided with proper reins, but that if he is driving two horses it is questionable whether he may ride at all if however he ventures to brave the ambiguity of the law he should in no case ride without having reins to each horse so as to have perfect control over both.

To ride on the foremost horse and hold the other leading rein is not permitted by the Act, nor is it allowable to take off the leader and hook it on at the side and drive double. The safest plan the magistrate thought, although frankly confessing his own inability to construe the Act of Parliament, was to take of the leader and hook it on the tail board and then drive the remaining horse in the ordinary way. The defendant paid the fine. (1860)


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