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13.
TURNPIKE ACT Observations on
PROCEDURE
30.§ 31.49
Repugnance The 31st says that a Justice may convict on his own
view for the offence which it creates: which afterwards <add>a subsequent § </add> the 49 is
These 2 Sections seem to as must be certified give each other a shrewd rub — which of them then is to come off victor? positive that no body shall be convicted without
either confession or the Oath of Witness: which
of them is to have it's way will ?
31, § 47 CONSTABLES
The 47th The Compiler informs all Constables Surveyors
that it is being too much trouble for him to understand the Act he has drawn what concerns them pick out of it the clauses that concern them , & that they must do it for themselves Toll gatherers & Day Laborers, that they must
absolutely understand every part of this Act (if understanding be necessary to obedience) under
penalty of as many times ten Pounds as they make
mistakes. I am glad I am neither not a Constable
Lawyer, Toll gatherer nor Day Labourer.
The description of the offence "for the purpose of imposition instructing" it is rather obscure, so for the purpose of conviction it must be confessed to be rather vague.
That a every Constable " neglecting to put it into execution "
is to pay £10 is rather vague provision
Having understood it compassed the understanding it (for that I suppose is first necessary)
he is then to execute it all : the whole for the requisition
is general - What is "to execute it all the whole of "? or
is he only to execute part? & what part? is it so
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14.
IV.
much of it as concerns him that he is to execute? as how
much of it concerns him? it would have been well if an
answer had been provided for all these questions.
as "not complying with orders of Justice " brings it more to a certainty.
Identifier: | JB/095/095/001 "JB/" can not be assigned to a declared number type with value 95.
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