★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
49
TURNPIKE ACT. Observations on
93 § 5.9.
Trover for a specific, uncertain
This any one Horse out of half a dozen Horse which might have been seized but was not,
which is not this & that. Horn of the Team, but any one the value of which is to be recover'd in damages, is it
not somewhat like the Sword that Balaam wished
for ?
A certain keeper of the a certain Museum in Oxford & says the story goes in going the
rounds with a Stranger, came to an old rusty Sword, the
History of which he did not perfectly recollect .... And this, says he may let me see,
this is the Sword that Balaam slew that Ass with : [+] [+] Why begging your pardon for quoth cries the stranger but I thought the Prophet that what gave regret concern [was] it true that he had never a sword
Ay Yes Yes very true replies the Cicerone, I had forgot you are in the right,
I had forgot - it is the sword he wished for.
94 § 8.13
Horses supernumy all forfeitable Should not every supernumerary Horse be made
perfectable? otherwise a man suffers the same from
a greater transgression as for a smaller
99 § 12
COSTS When a Prosecution is dismissed on account of &c
should not costs be given to the Deft - under such circumstances
it must probably have been maldicus.
96 § 12
VIEW
Might not the Magistrates own view of such impediment
serve instead of Witnesses
97 § 12
SEIZURE Restitution Qu. a method to improve the restitution of a Beast persun to
Deft by a Constable &c - as by committment, without
the circuity of an Indictment.
---page break---
XIII
98. ff 59.
ELECTION
[+] I would humbly submit it it to those whom it concerns,
whether this possible in- convenience of a deft Deft or the rain
of a Deft. deserves most to be considered, is the greater evil.
The other reason for giving the election to sue in account of
record is assigned by the old Stat. 28. G. 2. 17 § 15 in which
this clause was first inserted is that rr it may be let me say
inconvenient to persons being in or engaged
in , business, to prosecute so for Offences as
the Law then stood.
I should not have thought the convenience of and
facility of bringing an Action a prosecution in Westminster - Hall
had been so much greater than that of the summary
proceeding before a Justice; I mean even to a Deft.
but if it were [+]
99 § 61
24. G. 2d.43
By This passage by the words of it, discharges is the obligation prohibition
of riding on on Drivers <add> of Carriage of Burthern not to ride </add> on this them within the City of London
discharge it as to the Country 10 miles around.
I don know not whether this was the design.
---page break---
101 § 55
The thoughts of being drawn dragged into Westminster Hall
are so terrible to many that who might not want otherwise
to minister in this way to the purposes of the Law
inchtion be disposed to lend their assistance towards the
executing the Law, that it is a pity any of the
measures taken for their quiet should escape their
notice. understanding.
102 §
Enter'd If a man has a Waggon &c and lets it out to another
without having the although he have not the word
inscription required, he is seems not to be within </del>
the wording of the Act: for he does not "travel with"
it, not "use it by himself or his Servant" - this I suppose,
was not intended. The word "use" without
any thing more, would have answered the intention: or
if that would be thought still to leave a room for
doubt, the words "by Power of of ," would have
it amply.
103 § 16
APPREHENSION
Nothing is here said to expand the Power of apprehending to extend to the case of Horses <add> where </add>
the Horse is that of disparing the Horses &c drawing with
the Beasts of Draught are otherwise disposed
than is allowed the Horses in pairs where they ought to be in a line
or vice versa: although the penalty is the same in
this case as in the other, & the reason for giving the
power to apprehend at short horsed the same in both. The
(pr undesigned as such I supposed it is ) is the more to be
regretted, as it is likely not to p be perceived: & one who goes to any
|
Identifier: | JB/095/059/002 "JB/" can not be assigned to a declared number type with value 95.
|
|||
|---|---|---|---|
|
095 |
|||
|
059 |
turnpike act observations on |
||
|
002 |
|||
|
text sheet |
2 |
||
|
recto |
e49 / |
||
|
jeremy bentham |
[[watermarks::[partial gr crown motif] [partial lion with vryheyt motif]]] |
||
|
30945 |
|||