Per Curiam.
The only question is, whether the penalty was incurred or not. The case of Conkling v. Elting (2 Johns. Rep. 410.) is in point, that the 9th section of the act relative to turnpikes, (1 N.R. L. 234.) does not apply, or inflict a penalty, where toll is demanded of a person entitled to an exemption from paying it. It applies only to the hindering or delaying travellers and passengers bound to pay toll, or for taking more toll than the law allows.
Judgment reversed.