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TUNNEL Procedure - Election
Propose Affadavit of refusal to hear by 2 Justices by name, to be sub-joined to the first application for process.
I have indeed been told from good authority know it has been said, that in
some parts of the country the Carriers persons who are the objects of the Section have so fortified
themselves in their disobedience that a Magistrate
dare not has been afraid to convict those that are brought offenders before them.
& if Turnpike
Qu. in case of a Plea of autrefois acquit whether a Replication should be admitted contrasting the merit of the acquittal?
But this applies only to the immediate objects of the
Act, & not to the various other denominations of men,
Surveyors, Clerks, Tollgatherers, Officers chosen by the Trustees
themselves, Harbourmen, Mortgagees, Pa mere Passengers,
who are all equally affected by this precipitate &
indiscriminating round up provision
And there is a course already for punishing those
A proper condemnation & at the Assizes from a higher Magistracy with a general convention concur in consequence of it, might imperil them to do their duty. by whose default this happens - pursue that - but
do not punish one man tenfold for the delinquency
of another.
Especially as Turnpike Officers by Sections 47(& 15)
are obliged to seize supernummerary Beasts of
draught: an operation much more likely to which carrying the appearance of being
voluntary executioner excite the resentment voluntary & active of a delinquent than
that of condeming him as Judges.
Identifier: | JB/095/086/001 "JB/" can not be assigned to a declared number type with value 95.
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turnp. procedure - election |
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jeremy bentham |
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