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V 39 § 5 22 23
In once it is
exemptive viz
by Statute
in the other it is
compositive viz
by private agreement.
5 contradictory
The 5th is positive that no compensation shall be
made but for Broad-wheeled Waggons: the 22d
is as positive that compensation may be made for
Carts with 6 Inch Wheels drawn by 2 Horses
only or four ox and also for carriages
employed used only in Husbandry: The 23d is more
positive than either that nothing shall in the Act
As computation
might be made
it might be should
the Legislator's manual
the owner is to pay
5 Pounds
is to be loaned out of the goods of the owners
It seems rather
a whimsical notion
that of &c
There is somewhat a little whimsical
the notion of John an Oaks perfecting a Sum Money by
Tom Stiles's being made to pay it, is not altogether
in the common road.
44. § 6.
as does not
turn a upon
the general permission
adjusting
of the quantity
is purpose
The real meaning
of all this
leave/have no fear as I can guess
to hear that it is
be the Master who
is the offender, he shall heretofore
pay the
if he
but if the Driver & not
the Master, he shall go to at
Horse
If a Driver comes within the description of "any person"
& "every person" gap/> he is, a Driver besides being committed to the
House of correction is to forfeit the 5 Pounds:
but as the Correction is this only all that he is to bear suffer
in proportion whole the he bears by
Proxy, their double punishment would not Cost mentioned part of the would not indeed sit hang on
very heavy.
</p
45 §6
<p>Horse — As many asses may be used as shall be by one man
who wishes to demand the Toll as shall be found in such number as be
convenient. — But for what signifies how the extra-loading
got there, provided it is taken up?
46 § 6
It seems too much, & it is not necessary to extend the
Penalty to strangers, who cannot all be supposed
with tolerable degree of possibility to be acquainted
with prohibition?
This is caution
but it is unnecessary
after the words in order
to avoid the Toll
for as no such Toll whose no Tax
is
is on such
Carriages
will be in order
to evade it.
The remark which a late makes is a very just
one hour that the Statute Book is not the proper repository for
facts — The Statute Book is so far the repository of facts as that
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