West Harptry Turnpike Trust                 (updated 23rd Sept 2013)

This trust was created in 1793 to turnpike roads connecting the southern sections of the Bristol Turnpikes. Its main responsibilities were two roads through West Harptree and a branch road to Chew Magna.

List of Acts

West Harptry

West Harptry to Marksbury

33 Geo3 c165

1793

 

 

 

54 Geo3 c28

1814

1836

 

West Harptry to the Bath and Wells Turnpike Roads

16&17Vic c162

1853

 

 

Expired

 

 

1876

West Harptry 1814

An Act for enlarging the Term and Powers of an Act of His present Majesty, for repairing the Roads from West Harptry to the Bath and Wells Turnpike Roads, and other Roads therein mentioned, in the County of Somerset; and for repairing certain other Roads to communicate therewith. [4th May 1814.]

WHEREAS an Act was passed in the The·third Year of the Reign of His present Majesty, intituled An Act for making, amending, diverting and widening the Road: 1eading from West Harptry, to the Bath and Wells Turnpike Road at Marksbury, and from Stowey to Chew Magna, and from Welt Harptry to the Bath Turnpike Road at Emborow, and from West Harptry to Forecross, in the Parish of Churchill, and from Welt Harptry to the Blue Bowl Inn, in Compton Martin, and from Burrington to the Town of Wrington, and from the Nine Elms or North Widcombe, to Coley, in the County of Somerset: And whereas the Trustees acting in the Execution of the said Act, have made great Progress in the Repair of the said Roads, and for that Purpose have borrowed several considerable Sums of Money on the Credit of the Tolls thereby granted, which, with a considerable Arrear of Interest, now remain due, and cannot be repaid, nor the said Roads effectually amended and kept in Repair, unless the Term of the said Act be continued, and some of the Powers thereof altered, amended, and enlarged, and the Tolls now _ payable on the said Roads increased; And whereas it would be of great Accommodation to the Neighbourhood, and of public Utility, if the present Roads leading from Stowey Mead Crossways, by the House of Cornelius Loxton at Knighton Sutton otherwise North Sutton, to the Direction Post on Chew Hill, and from the Pelican Inn, in the Parish of Chew Magna aforesaid, and from thence to a Road leading by Stanton Drew, and from thence to join the Bristol Turnpike Roads at Belluton near Ponsford, in the said County of Somerset, were to be amended and kept in Repair, and placed under the Care and Management of the Trustees for executing the said recited Act and this Act; but as the above Purposes cannot be effected without the Authority of Parliament ; May it therefore please Your Majesty that it may be enacted;

 

Select Committee on State of Roads 1840

Peter Eaton Coates of Stanton Drew (clerk to the trust) reported

for the Chew Magna Branch

There are 6 miles of road through 3 parishes – all repaired by the trustees

2 toll gates

The roads are stated to be in “good” repair – no part under indictment for want of repair.

 

F Boucher Wright of Hinton Blewett (clerk to the trust) reported

for the Main Road

There are 24 and a quarter miles of road through 19 parishes – all repaired by the trustees

8 toll gates

The roads are stated to be in “tolerably good” repair – no part under indictment for want of repair.

 

In “Return of length of road in each Turnpike Trust in England & Wales” Parl. Papers 1847-48 – (dated May 1848)

Trust reported 31 miles 0 furl. 39 yds (similar to 1840)

 

Report to Secretary of State 1852/3

BPP (1852/3) No. 10.— WEST HARPTRY ROADS.

The original Act for these roads (the 33rd of George III. cap. 165.) was passed in the year 1793, for amending, widening, diverting, and altering certain roads therein named, which were described as " in a ruinous condition." The said Act was amended and enlarged in the year 1814 by the 54th of George III. cap. 28., by which power was taken to repair and improve certain other roads therein named. The term of these Acts would have expired with the session of 1836, but has been extended from time to time by the several Turnpike Acts Continuance Acts until the 1st day of November 1853.

The roads named in the Act of 1814 were not united with the roads comprised in the Act of 1793, but have been separately managed, with separate accounts, debts, &c., as if they formed another Trust. It may therefore be convenient to consider the circumstances of each district separately.

1.— The West Harptry District.

The roads belonging to this district are about twenty-five miles in length, upon which there are four toll gates at the following distances apart, namely : — From the Stantonwick Gate to the Wicks Green Gate about three miles; from thence to the West Harptry Gate about two miles ; from thence to the Blagdon Gate about 4 miles. Two tolls only are payable (but double tolls are collected on Sundays), and the rate collected is less than the amount allowed in the Local Act of 1814.

The debt upon this district has been stated at various amounts. From the accounts of a former treasurer, it appears that in the years 1793, 1801, 1802, and 1809 the sum of £6,850. was subscribed by 32 persons. By another account, made up to Michaelmas 1806, the debt is stated at £7,250., as under: —

£       s.   d.

1st advance by 22 subscribers in 1793 and 1803        - 1,300 0 0
2nd „ by 21 „ . in 1794 - - - 1,300 0 0
3rd „ by 19 „ in 1796, &c. - - 1,200 0 0
4th „ by 16 „ in 1802 - - - 990 0 0
Amount of interest to be converted into principal • 2,160 7 0
" Money to be advanced" at Michaelmas 1806, to") 2qq .„ Q
mi ? even sums - - - - J

Total debt to 29 subscribers, for which deeds poll must be given "   -   £7250.

The Trustees are unable to trace out the discrepancy which appears in the foregoing accounts, or to explain why interest has been paid for many years, neither on the sum of £6,850 nor £7,250., but on the sum of £7.237. which by the treasurer's account for 1815 was stated to be due to 27 subscribers. The last-named sum has been inserted in the annual statements for many years, and the interest was charged thereon at the rate of 3 per cent, up to 1822, at which date a new treasurer was appointed, who charged in the accounts only the interest actually paid each year. Of late years the interest appears to have-been charged in the accounts upon the whole debt of £7,237., as thus explained by the clerk : — " On the 15th March 1841, Mr. Peter Eaton Coates was elected treasurer of both branches at an annual salary, and he takes credit for a year or a half year's interest at £3 per cent, on the sum of £7,237. (accordingly as the same may be directed to be paid by the Trustees) as so much money retained by him to pay the interest, and which he pays to the creditors in due course, according to the list of creditors handed over to him by the executors of the late Mr. F. B. Wright." The clerk further reports: " It is apprehended that in years past there was considerable irregularity in payment of the interest, as more interest would seem to have been paid to some creditors than others, and one person, who is stated to be a creditor for £175. (though it does not appear that with the interest which was due to him, he was in the year 1806 a creditor for more than £163. 18s.), seems to have received no interest since the year 1816, or that any claim has been made for interest on his behalf. The registration of the mortgage securities is quite incomplete ; and although the Trustees have made an order that no further payment of interest shall be made until the securities are registered, yet very few of them, comparatively speaking, have been duly registered. Notwithstanding the above statements, the treasurer charged interest upon the whole debt as if the same had been paid yearly, in consequence of which he had accumulated in his hands on the two districts (but the same was not mentioned in the annual accounts) the sum of £348. 18s. 6d. on the 31st December 1852. Many of the creditors have since registered their legal titles to the bonds, and the said balance has been reduced.

'"The accounts of this district show that no aid has been obtained from the parishes since the abolition of statute labour; but in consequence of the reduction of the toll income application was directed to be made to the justices to grant a portion of the highway rate of the parish of West Harptry, and on the 31st of December last about £2. per mile was directed to be paid in aid of the Trust funds. Application has since been made to the other parishes, with the following result: Many of the parishes have consented to pay at the same rate of payment as the justices ordered in the case of the parish of West Harptry, and the surveyors of the highways of all the remaining parishes have been served with notice of an application to the justices at their next special sessions of the highways. The funds of the Trust have been applied in repairing the road (at a greatly reduced cost since 1842) ; in paying salaries (£36. 13s. 4d. to the treasurer, clerk, and surveyor, the surveyor's salary having been reduced); and in setting apart 3 per cent, interest in each of the years 1845, 1846, and 1847, and l.5 per cent, interest in each subsequent year. The interest has been calculated upon this district at 3 per cent, (in lieu of 5 per cent.), and the arrears on the 3lst of December 1851, at the reduced rate, amounted to £1.472. 2s. 2d.

•In the account for 1815 the following item appears among the incidental expenses:-—"Including £195. 4s. 9d. lost by the insolvency of the late treasurer.” The clerk has recently reported that no part of the said sum has been recovered. He also transmitted a copy of a resolution of the Trustees on the subject, dated the 19th of May 1845, as under :--

" Resolved, that, taking into consideration that the late treasurer, Mr. F. B. Wright, had for upwards of 17 years gratuitously discharged the duties of treasurer of the West Harptry branch of the roads, such offer (of £40.) be accepted; and in pursuance thereof the present, treasurer, Mr. P. E. Coates, is hereby ordered and directed to receive the said sum of £40. from the executors of the late treasurer, on behalf of the Trustees, and upon payment thereof on their behalf to give to the executors of the late treasurer a receipt and discharge in full of all claims and demands whatever upon him or his estate in respect of the Trustees of these roads.

" E. A. ommanney, Chairman."

 

2.—The Chew Magna District.

The roads belonging to this district are about 6 miles in length, upon which there are two gates, called the " Chew Magna Gate" and the " Stanton Drew Gate," about a mile and a quarter apart. A reduced rate of toll is levied at these gates, and payment at either clears the other, but double tolls are collected on Sundays.

The mortgage debt upon this district is stated at £1.250, the whole of which was borrowed under the Act of 1814, as well as £200. in addition, which was paid off in 1835. There appears to be considerable doubt whether all the persons claiming the debt upon this district can legally establish their claims, on account of the incomplete slate of the registers and transfer books of the Trust, notwithstanding which the full interest has frequently been charged in the accounts as if the same had been duly paid.

The accounts show that no parish aid has been obtained towards the repair of the roads of this district. The toll income has not materially varied for many years, nor the cost of repairing the roads. The only salary paid until 1841 was £13. per annum to the surveyor. The-treasurer, clerk, and surveyor now receive £18. 6s. 8d. yearly. The interest charged in the account has been calculated upon the whole debt at 5 per cent., or at. ,£2.5 per cent., as the funds would allow, and in some years no interest was paid.. The arrears calculated to the 31st of December 1851 amounted to £890. 12s. 6d. It appeared doubtful at the passing of the Act of 1814 whether the full interest could be paid upon this district of roads, for in section 12., directing the appropriation of the funds, the payment of interest is thus mentioned :—" So far as five pounds per centum per annum, if such tolls shall produce sufficient-for that purpose, over and above the expenses of collecting them; and should the tolls arising as aforesaid not be sufficient to pay five pounds per centum per annum for the monies subscribed for making, repairing, amending, and keeping in repair those particular branches of road, then and in 'that case the subscribers thereto to receive only so much interest, under or less .than five pounds per centum per annum for the sums lent, advanced, and paid by them as the tolls to be collected on the same branches of road shall produce-"- -Notwithstanding this special provision, the difference between the interest paid and 5 per cent is carried forward as unpaid interest.

The Local Acts for these roads having been placed in the schedule of the last Turnpike Acts Continuance Act, the Trustees, after giving-due notice to the creditors, resolved to apply to the Secretary of State for a provisional order to reduce the rate of interest-of the mortgage debts upon the respective branches of these roads-from five pounds per centum per annum to three pounds per centum per annum and for the exstinguishment of. the whole .of the arrears of interest of such mortgage debts, provided the consents in writing under the hands of the several creditors rendered requisite by the provisions of the Act of the 14th and 15th Vict. cap. 38! can be had and obtained."

In obtaining the consents from the several creditors or persons claiming to be creditors great difficulty was experienced in ascertaining whether several of the claims could be legally established, so as to enable the. Trustees to give the usual certificate in order to obtain a provisional order.

Upon some of the above sums of which the claim is said to be doubtful interest has been paid since the year 1840, although no legal title to the same-has been produced or registered. By the above statement it is shown that if .the assents referred to as being, bad or doubtful (amounting to the sum of £2,210.) are not to be taken into account, then there would be a deficiency in the value of the assents amounting to £633. upon the West Harptry district and £233. upon the Chew Magna district. •

Under these circumstances, the Trustees applied to the. Secretary of State, on the 22d of February last, to advise them what course they ought to pursue with regard to the certificate which they should issue in respect of the sufficiency of the assents signed as representing the persons entitled to two thirds of the money charged or secured on the tolls or revenues of the road. The clerk also stated that the Trustees had directed a case to be submitted for the opinion of Counsel, on the particulars

In the present application to Parliament it is proposed to repeal the two existing Acts, and to take other and more effectual powers in lieu thereof for the usual term of twenty-one years. Clause 3 transfers the property and liabilities of the Trust to the new Trustees, without excepting such debts and engagements as are extinguished by this Act." By clause 6 the first meeting is fixed for the fourth Wednesday after the passing of the Act. The roads of the Trust are described in clause 8, with an additional road, which is thus described:—

" The road branching out of the road from Compton Martin to the city of Wells at or near to a public-house called The Miners' Arms, situate in the parish of Priddy, and leading to a place called Sperrins Green in the said parish of Chewton Mendip, and there communicating with the before mentioned road in the said parishes of Litton and Chewton Mendip."

The following particulars of this road, proposed to be added, have been furnished by the clerk:—" It is a piece of parish road, in length about 2.75 miles, by means of which a very considerable traffic, passing over a great part of these turnpike roads, is enabled to avoid all the turnpike gates within the Trust. If it is incorporated in the new Bill, a turnpike gate will be erected at a certain spot, to obviate this for the future. The piece of road in question is a good, sound, level piece of road, and it will in no place either require widening, levelling, or lowering, or indeed any other outlay beyond the erection of a toll gate and toll house. The parishes within which it is situated are quite willing that it should be introduced into the Bill, and if so, it is estimated that the revenue arising from the tolls would yield to the Trust an income of £100. per annum and upwards."

Clause 9 continues the present tolls until the " twenty-fifth day of March " next after the passing of this Act." The tolls upon and after that day are specified in clause 10.

The following additional tolls arc also proposed:—For every carriage moved by steam or machinery, 2s. 6d. For every dog or goat drawing any cart, &c., four pence, instead of the usual toll of 1d. It is proposed by clause 11 to continue double tolls on Sundays, as at present levied upon this Trust, but which have generally been discontinued throughout the country. Clause 13 allows three tolls for passing and repassing through all the toll gates the same day, instead of limiting each toll payment to a particular district, as in section 10 of the Act of 1793, and section 14 of the Act of 1814. Clause 14 allows, as per margin, " Persons having paid toll to return toll-free;" but in the clause the words are inserted, " to pass toll-free the same day," as if it were intended to continue, as at present, a free passage at any time or times during the same day for one toll payment. Clause 17 will make horses, &c. drawing different carriages again subject to toll. Clause 19, allowing certain exemptions from toll, differs from section 19 of the present Act of 1814, and limits its operation to goods, articles, Sec., " not being carried a greater distance " than three miles on the said turnpike road." Clause 20 permits the tolls to be reduced to not less than one-half of the respective tolls, without requiring the usual consent of the mortgagees before such reduction can be made. Clause 21 prevents the gates from being seized, if the interest be duly paid within six months after it becomes due, and regulates the proceedings of mortgagees in possession; but the rate of interest payable " upon all existing " mortgages" is not limited by the words, " according to the provisions of this " Act.

In the 33rd of George III. cap. 165. section 7., to prevent a toll gate being erected " between the Bath and Wells road at Marksbury aforesaid and Chelworth Church ;" also section 8, making the West Harptry district liable to repair all bridges " that have hitherto been usually repaired at the expense " of the county of Somerset."

In the 54th of George III. cap. 28. section 11., to prevent toll from being collected between the Pelican public house at Chew Magna and the direction post at Chew Hill; and section 17, to relieve the Chew Magna district from the liability of repairing the county or other bridges.

 

List of Roads

(some roads identified and mapped in “Somerset Roads – the Legacy of Turnpike, by Bentley and Murless 1985”)

 

Marksbury Road; A368 from West Harptree to Marksbury, jct with A39.

Stowey Road; Uc road from A368 at Sowey to Chew Magna

Emborow Road;  B3114 from West Harptree to jct with A37 at Emborough

Churchill Road; A368 from West Harptree to jct with a38 in Churchill.

Blue Bowl road; UC road Harptree to Compton

Wrington Road; UC road between A368 at Burrington and A38 at Wrington

Coley Road; UC road from North Widecombe on A368 to Coley on B3114.

 

Added in 1814;

Chew Hill Road; UC road from Stowey to Chew Magna

Stanton Drew Road; B3130 from Chew to Belluton on the A37

Priddy Road; UC road from jct E of Priddy to Chew Mendip.

 

Click here for a map of Somerset Turnpike Roads

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Known Tollhouses (extracts from Tollhouse National database) 7 sites identified of the 10 reported by the Trust in 1840; survivor in bold

 

Road Classification Number

Route

GATE NAME

OS Grid Ref- Prefi

Easting

Northing

District

Civil Parish

Location (Name or Number)

Road or Street (see across)

Position

Evidence

erected by (Turnpike Trust or Authority)

A368

West Harptree to Churchill

Blagdon

ST

50

59

AVBS

BLAGDON

reported on tollboard by Bentley & Murless

gate mentioned in 1853 submission

; ; ;

West Harptry

B3139

West Harptree to Emborough

Emborough

ST

62

51

SOME

EMBOROUGH

reported on tollboard by Bentley & Murless

 

; ; ;

West Harptry

A368

West Harptree to Chelwood

Stantonwick

ST

62

62

AVBS

STANTON DREW

Stantonwick

 

gate mentioned in 1853 submission

; ; ;

West Harptry

A368

West Harptree to Churchill

West Harptree

ST

56

57

AVBS

WEST HARPTREE

 

 

gate mentioned in 1853 submission

; ; ;

West Harptry

A368

West Harptree to Chelwood

Wicks Green

ST

59

60

AVBS

Bishop Sutton

Wicks Green

 

gate mentioned in 1853 submission

; ; ;

West Harptry

B3130

Chew Magna to Pensford

Chew Magna

ST

58

63

AVBS

CHEW MAGNA

 

 

gate mentioned in 1853 submission

; ; Turnpike Trust Returns 1824;

West Harptry, Chew Magna Branch

B3130

Chew Magna to Pensford

Stanton Drew

ST

59647

63620

AVBS

STANTON DREW

The Round House

at jct with UC road to Stanton Drew Village

on triangle of land formed at jct

; ; Turnpike Trust Returns 1824; postcard

West Harptry, Chew Magna Branch

 

Known Milestones

In the Milestone Society Database, there are no milestones identified along this road. Based on the mileage reported by the Trust in 1840, would expect 40.