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Procedure. HIGHWAY Act 7-G3-42 Observations on
TURNP. ACT. §-47.
It is difficult (might a man of spleen observe say)
to say, for what purpose this act after having
given taken the pains all along to give furnish frugal & expeditious
remedies, should take a turn of a
sudden & offer an expensive & dilatory on one
in every case to any one who may prefer it: + + the same provision option is made given by 8.G. c. 19 (time limited by 26 G.2.2. to within 2 Terms) with double-costs relation to offences against the Game Laws. v Burn. Game § 1. p.215 1772.
It might be difficult (might he say) to imagine for what purpose,
unless it was to put it in the power of
any man of much wealth who chooses can bear to be
a little in advance to ruin a man of little,
for the doing of which it affords him the former a very
commodious opportunity, with a comfortable recompense
for his trouble.
To shew how easily this can be done, I will suppose
a Higgler [having been so careless as to lose the his
Copy of this compendious Act with which his Bookseller presented no Bookseller would have been so impolite
him] as to refuse to compliment him gratis forgets to have his name marked upon
his cart: 20s he shall profit be made to pay says § 42. ay Yes
ay, yes says § 40'- that is twenty shillings or 3 times twenty
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Other difficulties will start up under this sweeping
clause when it comes to be applied confronted to (as it
should have been in Idea before it was established)
to with the particulars which it affects — Suppose a
man has knocked a Brick off of a Bridge
he is to pay for this something which shall not be
more than 5£ 100s nor less than 20s. + + 42 § 34 When he is
dragged into Westminster Hall about this business
what is there then to be demanded of him?
is it the 5 Pounds, or the something between
5 Pounds & 10' or the 20 shillings? ++ ++ There will be several Counts the second
demand will not hardly bear a doubt — the 1st & 3d will, many 3
But how these doubts will be resolved, he can tell
to whom God has granted by in the way of prophecy to see
into the Breasts of Judges.
This difficulty recurs in instances
almost as many, as those in which the clause which it affects has
application.
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I §53
Pounds § 48. according as a Gentleman chooses
when lines come to differ so little as this, it is not worth
the Law's while to attend to them when matters come so near it does not signify standing about trifles.
This 60 Pounds may be made out in this manner
after a very loose indeed but candid — . calculation
Plff's costs out of pocket . . . } 30 £
Plff's costs allowed at taxation } 20
That doubled . . . . . . . . . 40
Defendant's own Costs . . . . . 25
Total defendant's expence . . . 65.
For Plff's trouble in ruining defendant
according to Law — neat profit - - - 10
It will however be prudent for the Plff to
be satisfied that the Deft is worth at least
the Sum total aforesaid before he engages
with him, otherwise he may in a more
or less degree undergo the fate of those reap the spoil which those <add>they do</add> who
sue Beggars.
Certainly such was not the design; but certainly
such may be the effect.
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