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25 TURNPIKE ACT. Observations on 53. § 16-14
I It may for also not improbably originate with him, since
by charging his master with the Toll-money, & sinking
it in his pocket he will have a gain —
I conclude therefore that it must have been an
omission undesigned —
If a Lawyer Man of Law had he this omission to defend, he would might
gravely observe, that the Law had already made
provision to supply it: for that the Owner <add>delinquent</add> Driver
might bring Case against him
would be liable is <add>would be compellable</add> by an action of in the case to make
a satisfaction by one in damages to the Owner for the loss thereby by him sustained:
by his default. which This being interpreted is,
that for no more than 30 or 40 £ if he has
great luck, will have a chance for recovering the
value of a Beast worth 20 £ of from a man in
all probability not worth ten. who can hardly be supposed worth ten.
There are those who, would better read in the letter of the Law than in the effect of it in licence civil life would make light of this omission: they would compose themselves with the consideration that when the man's Horse was gone, he might bring Case against the Driver for the value of it but a Plff can seldom get to the end of case is seldom brought for so little as 430 or 35 £, & no possibilty for less than 25
54 § 13
Not being very conversant in country affairs, it was
some time before I could guess how it was that in
this instance Horses by drawing in pairs should do so much mischief to the
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26 VII
roads in this instance by drawing in pairs, when there were had been so much pains taken
in former that they might be put to to make them draw in this manner
in others: at last it occurred, that Horses in pairs
taking a different track from what they did when in a strings
namely that taken which Broad-wheeled Waggons
the use design of a Preamble is to give a reason for the satisfy & to explain
clause it introduces to those who would might not otherwise
be able to see one: — It is no very edifying reason
to give for a thing's being so & so, because to say that there would
be mischief in it's being otherwise: the way to
satisfy men who stand in need of such information is to inform them how [if there is room
for it] how that mischief is brought about whence it is that the mischief accrues — a reason,
that satisfies nobody but what was satisfied
without it, may as well be spared.
55 § 19.
Unsteadiness Horses &c
"4 Horses or Beasts of Draught"- this implies that
Horses & ot & other Beasts of Draught are as to the
respective numbers of each allowed are upon the same
footing; the contrary of it which in all probability is probably true in many
parts Turnpike Acts, certainly in this. v. § 8.
When the Toll A carriage for example drawn
by 4 Oxen shall not pay so much as one if there
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27
were 4 Horses to it - are Broadwheeled carriages therefore
to pay by virtue of this Section so much as
has been hitherto paid for 4 Horses, or for 4 for
Oxen? — Observe that afterwards in the same
Section it is "Horses" only.
56. § 8.
Unsteadiness Horses &c
Here the number of Horses only being limited,
Broad-w any number of Horses other Beasts of
Draught may be used besides. for Broad wheeled Waggons Was this designed?
over & above the 8 Horses.
57 §. 8, 53. Mytton.
Repugnance
By the 8th the man whose carriage is drawn by owner of a carriage shall forfeit for every
more Bea supernumerary Horse Beast by which it is drawn, <add>which draws it, & 20" into the</add>
bargain By According to the 53d . . . The Beast when the prosecution is in the Courts above is to be recover'd
by an Action of Debt & the 20' by an Action
of Trover — & by the 53d there is not to
be more than one recovery for the same offence.
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28 58 § 32
-[+] Two Pecuniary satisfaction & a year's Imprisonment which a man knows of before
be incurrs it may chance to go as far as
Death when which a man knows nothing of the matter: till his
mischief's done.
Is there not a Riot Act?
till the mischief wch it is to prevent is done.
58 § 32.
This is not a place to enter into upon a Dissertation
on the severity & disproportion of our Punishments
I must content myself here with suggesting offering 3 considerations 3 remarks <add>observations</add>
1st That there is already an Act called the Riot-Act [+] [+] to prevent delinquents from incurring the penalties of it unawares which after all the imaginable extraordinary care taken by it to notify to delinquents the consequences which it annexes to of their transgression is decreed severe enough in which
care was taken that for offences much superior to this no one
should be made obnoxious to so severe a penalty without present warning.
2dly That no Method is here prescribed for making
known this violent Penalty to those who may be stand
in danger by incurring it.
3dly that &c ut supra -[+]
59. § 14
["Of the Roads adjacent"] According to this, if a
man evades any man is welcome to evade the Toll by turning aside into a
Field where there is no Road, if welcome no harm can happen
to him + + v Harlow Act p. 11, 12
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turnpike act observations on vii |
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unsteadiness of horses &c / repugnance |
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jeremy bentham |
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caroline vernon |
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