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SECT. I. TURNPIKE - TRUSTEES. ART. I Observations continued.
It may seem extraordinary, that while that number of persons to whom it is thought proper to committ
these powers is usually so great, no estate is admitted as a qualification, but what consists singly of some one of
the several species of Interest mentioned specified by itself notionaly; although it is plain, as clear a responsibility may
be constituted out of a mixture of the three, as by either separate: by so that which means a many may
be excluded who shall within a few shillings be possessed of thrice the qualifications that is deemed
necessary. I have By the clauses included in brackets I have accordingly made supplied this omission which
I can scarce persuade myself to have been intentional designed. Under The Militia Acts, mixt qualifications, tho' the mixture mixtures, tho' not altogether
is not covered tho' all the ingredients so perfect, are admitted:If it were not so this had not been the case, a mixture would hardly have been admitted in a trustso much more important a trust as that of a command in the Militia although the number of persons required to fill the offices created by those acts
is seldom scarce a tenth part of that usually requ appointed under these: It is true that in the instance of Militia
officers the seatplace of the estate constitutive of the qualification, where it is a real one, & the residence
the limits within which they must have their residence of the person where it is a personal one, is circumscribed by the limits of the county: but the
site of the residence of persons that can be called to a Turnpike Trust, under any expectation of
their attendance to execute fulfill it's duties, is circumscribed by the nature of things by natural limits full as still narrower limits.
With respect to these qualifications in general, I cannot but forbear observing observe, that the best precedents that I have seen examined
fall far short of perfection both as to the manner of describing method of description them, and as to the means taken for giving
efficacy enforcing their execution to the provisions which require them.
[...Settled or descendible on me ... N.] For without these words the this species of qualification vanishes into
nothing: since if the terms of it this Act may be fulfilled by one of those momentary estates in the Ancestor which
we have been just mentioneding. It is observable that as no other Estate which is otherwise lying in expectancy.
tho' a vested one that is, no remainder nor reversion is here admitted for a qualification: an omission which if intentional could can only have
happen'd from the consideration that such an estate, not a remainder or reversion except when the precedent particular one
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is in the hands of a parent, cannot properly be considered in the light of a present provision: which a
consideration however, indeed if rank had been adher'd to as the sole object, would not indeed have
been regarded: we see therefore how far short the several propositions into which this provisions is resolvable fall
of consistency in respect of those species of property which they admitt, & those which they disallow. Lands Tenements and Hereditaments.
another proof of the inconsy of this provision in this these species of property which it admitts & those which it disallows a in </p>
1 another
2 Another proof of the inconsistence of the species Settled or descendible
It may possibly be said, that a qualification constituted of by a property of one species alone, to the <add>an amount so low as that specified</add> is accepted, as
affording a presumption of a compound property still greater
upon the whole, if every species be taken together into the account only together.
that however it may be with regard whatever presumption an estate in immoveables may afford of some further immoveable property, it is certain
that property of the latter kind to no amount affords none any such presumption of any property of the former. A man from having
an estate in land may well be supposed to have for example some money and houshold furniture: but there is no
reason to suppose from his having money and houshold furniture that he should have an estate in land.
Be this as it may, it is idle to go to work with presumptions; when1 one6 can7 have compass8 certainties9 with2 the3
same4 facility5.
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