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48 § 9.
In the preceding Section Imprisonment in case of
deficiency was prescribed: here it is forgotten. <add>
omitted.</add>
so it is in the 8 - so in the 9th so in the 16th</del>
49 § 8 §8 .
By § 6 the Driver & not the owner is punishable
for frauds concerning the extra- weight: why must the
owner alone at all events & not the Driver be punished
for supernumerary Cattle? this is as likely to be the from design & from neglect
or ignorance more likely to be the fault Driver's of fault
of the Driver as the other.
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VI
51 - § 13 to be omitted & presented as such
at the end
By the 13
If he who drew this Act
Section had read the next
but four before it, I should happy to discover what may
be his meaning: by the 8th it is already provided
that narrow-wheeled Waggons shall not at any rate
be drawn with more horses than 4.</del>
§ 8
The 22d Section shews that the when the number of
the Oxen is but no more than 4, a Horse is not meant to be required
Should not every supernumerary Horse be made
forfeitable? otherwise a man suffers the same no more for
a greater transgression as than for a smaller?
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23 50-57 § 8 & 14. & 8 [Unsteady Expressn]
By the 8th any Horse is made forfeitable (nothing being
said of any where said of any other Beast) but without any exception with
respect to the Thill Horse; but nothing is said of the
Gears or Accoutrements: here the Thill Horse is exempt.:
he is not to touch: but the is complimented with the Gears & Accoutrements: given to the but the Thill Horse can
there be any urgent reason for all this? trifling variations: it is
not to be expressed how the memory is entangled
by these trifling minute variations Idea in the language of where it find violations <add>departures from</add> uniformity Clarity, & is
thus broken in upon in every occasion where there is reason
to expect it should be preserved adhered to unnecessary diversity
in matters where identity is expected.
52. § 14.
It must doubtless be great pain to a Waggon or any
Carriage to lose one of it's Horses.
53 § 16. 14.
It is difficult to say why it is that a Driver while he
is punished for travelling with supernumerary Horses
or with Wheels of a construction not allowed, offences
the latter of which could never have originated with
him, & in the former of which he might probably not have commit'd the
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24
Owner to share with him but under the direction of the owner, should be exempt go scot free
for that in that of defrauding turning aside to defraud the Toll, which
must be his own immediate act & which is not
improbable
By this Here we see the Driver as well as owner is punished for travelling using
supernumerary Beasts of Draught or wheels of a
construction not allowed: by the 14th where the
carriages are turned out of the road to defraud the
Tolls, the Owner alone is made to suffer, & the Driver
is to go goes Scot-free... [+] [+] The case is the same where an improper Drag-Iron is employ'd. Putting on more Horses
than there ought to be is likely enough to be done
by the direction of the owner, because it is a gain
to him to pay the same Duties Tolls for greater weight,
but can never be any to the Driver: Nor using
wheels or rather Axle- of a construction not allow'd can be no gain
to the a Driver, & must have been the originally the fault
of those who had caused them to be made: + + They are moveable except as to distance on the same side, constituting the length. defrauding the Tolls
in the manner here abovementioned tho' it the offence may have
originated with been by direction of the owner, yet is always the sole act of the Driver
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jeremy bentham |
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caroline vernon |
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