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TURNP. ACT. Observations on- XIV 103 § 16
-former by assuming the power in the one case where it
is not given him, as well as in the other where it is, will
be apt to involve himself & the offender in a litigation
The like may be observed with regard to the distance
of the Wheels, + § 7 & 9 a circumstance distinct from that
of their construction which alone
103* § 18 23
Redundancies will not be treated , but incidentally as they arise
How is it to be known that a carriage belongs to has a
Nobleman or a Gentleman to for its owner unless his
name appear?
104 § 18
Enter'd
For the painting marking a false or fictitious place of abode
no penalty is provided: the effect of a fraud in this
behalf circumstance towards the frustrating of the purposes of the
provision may be just the same, as in the other.
105 § 14.
Suspicious Grammar.
In This In this Section the construction if reconcilable to the Rules of Grammar it must be confessed,
is rather perplexd.
"No Waggon . . . shall be driven . . . in order to avoid &
thereby avoiding paying"
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106 § 48
What The clause beginning ending at <add>prior to that which begins</add> with "but if such Proof"
is so worded, that what follows is is rather a contradiction to it <add>contradicts than qualifies it.</add> than a qualification of the it.
former.
107 § 48
"Owner" To be inserted " of the carriage, whether
he be owner of the Beast or not"
"Forthwith" For the original leaves it too indefinite.
108 § 48
The Parish Constable or other Officer who has to whom
the things are to be deliver'd, may if in collusion
with the offender (no very unlikely circumstance)
may keep out of the way to avoid seeing the
or being served with the Warrant —
109 § 48
The seizure if he does not fails to comply with the directions
of the act, is to pay the charges of keeping.
nothing can look better upon Paper: nothing
can be more equitable. meanwhile This supposes however, that
the seizer being a neighbour & a responsible person if he finds that he can make nothing
of the affair (whether for want of evidence or from
what other cause) shall come with the money in
his hands to pay for the keeping: but it may so happen
that he may be neither a neighbour, nor a
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109 § 48.
responsible person, nor (although he were both) be very
much in haste to pay the money to the Constable:
The question then concerning who shall <add>provisionally bear</add> the burthen, was between
the Owner of the things Carrier & the Constable; I suppose
there will be no great difficulty in deciding for
the Officer Minister of Justice.
But the hardship might be removed from both by requiring of the Seizer a deposit for the keeping adequate to the greatest time. or was before allow'd
[Tis of , which like the clause, shew a fair
outside, while weakness lurks within, that men
make magnify commendation while they deplore their inexecution; lament their they are
not <add>being executed:</add> whereas the fault cause of inexecution lies within in
the Laws themselves.]
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122 § 47. 42 51 35 33
Pen:" on Constables fixed instead of current
If the condition of an honest Constable under this act
is not very enviable, it may be otherwise, however, with
a knavish one - Such an one, In the instance W where the Penaltyies amounts it to either
40' or £5, will do well to bring it in where he is
order'd; for if he does not, he is liable by this Section to pay £ profit 5 times
or twice the money. But when + + in consequence of § 42 35 & 51. he has got 20£
in his pocket from a Clerk or Surveyor [or their Representatives] or God
knows what how much more than £20 from a Mortgagee || || in consequence of § 42 in possession, what
to hinders him from keeping it there? Is he indictable
for a Cheat, & consequently apprehendible at short hand?
this is a question I would not readily undertake to
answer — Case however may be brought against
him- but who's to bring it? Not I suppose 150 ten or a dozen
score of Trustees which is about the common complement inserted in the Acts— Not the Clerk: or any single person: unless
the special provision for that purpose in § 33 is nugatory. Besides Case (to
say nothing of the expence), in his own is apt to take no small time in bringing,
& before it can have been brought to any purpose, he
may have made himself very merry with the money.
Heaven, (meantime, avert it keeps it from the thoughts of any
well-meaning Justice Magistrate, to make him pay the 10£ which
the Law Act prescribes: in consequence of § 53 which forbids more than one recovery for one offence if that's done, the rest of it is his own
for ever.
This is the consequence as well here, One instance more of the consequence of making a as in many other Acts
where the penalty instead of being a ruinous one, is fixed.
fixed, where it should be
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