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Turnpike Act. Observations on— XIX
own view is not one.
137. § 31, 51
A System somewhat less imperfect VIEW
Mischief. — View should be extended.
Where the conviction is by upon view of the Justice
himself, Informer & the Magistrate are then one: the Justice is then in effect the Informer;
either then, the Informer's share being not undisposed of, is not leviable or
as such he may be thought entitled to a half of being leviable it was to have
the Justice is entitled to it in quality of the Informer,
the Forfieture,
or the whole ought to go to be applied to the benefit of the road:
Of all these results the latter is plainly the only
one that would have been intended, if it had been
thought of: but it is not directed. What there is to
be done in this case, I must leave to those the learned
to determine: There was a time who will however have to consider, that
in a former instance of this very case of non-application all the learning in
of the nation of the profession was not deemed sufficient for the solution of it without an
Act of Parliament. + I cannot at present recover it, but one instance I know there is of an Act of Parliament passed for this single purpose.
138 § 23. New
"Laden" &c Nor to any whole " with any single Enquire or Thing
of any sort." [as a , a Boat Barrel]
139 § 51
Backing Warranted live
The provision [for backing] them thus under confined to the case
the Offender's living out of the Jurisdiction of the
Justice who convicted him, extends not to the case
of a temporary [residence absence [out of it, whether it be by chance,
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or by design - In an Act of the last reign + + 243. G.2. 26 § 11 ([in the case
of Warrants [for offences of another kind] not triable in a summary
manner] provision was made for the temporary
absence, There was no provision for the constant absence, but only for the temporary but omitted to be made for the constant
absence, in short, after before the word be live there
wants the word 'live' be.
This word 'be' was accordingly added the next
year ++ ++ By 24. G.2. c. 55. together with a few hundred others, (according
to the good old custom) that had better have been
any where else. than there Whether the omission here will
be supplied, & at what expence of Paper, time will
shew. Under For Distress the word live is sufficient but for committment in Execution, the word be becomes necessary.
140. §
EVIDENCE Informer's
To avoid the acknowledgment of Interest which word
came out in the examination, the agreement may between
to a couple of Informers may be, to take it betimes change <add> the parts</add>
of Evidence & Informer by turns, so that he who
is evidence shall have no given nothing directly interest
in by that fact — still it comes substantially
to the same thing
They have commonly I suppose, some such .
The expectation of being benefitted in his turn in one suit
is the motive of his testimony in another
Interest therefore, is still the motive of his testimony
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141 § 14
Cattle no for their Cattle escaping Toll evading Toll
of the turning of eluding of the Toll for Droves of Cattle not used in
Draught, nothing is said: was this omitted by design
upon the presumption that it sho is of its being inserted in
all the particular Acts? of these there are upwards
of 900 — have they been all perused to ascertain
this? this semms rather too much to suppose-
Is then there any reason why a fraud in the way
mentioned in the Act should meet with it's desert,
while a fraud to much greater amount in this
way must goes unpunished? I can find none.
142 § 51
Distress. Eloignment Breaking Doors
In case of Distress there wants here a provision
against eloignment as in Distress for threat
also for breaking open Doors.
143 § 53 New
"In which the Jury may find a greater or less Sum
due within the limits prescribed by the Article."
144 § 32
Indictments Limitation
Might not there be a limitation of time for Prosecutions
for these offences, where the Punishment
is so heavy, as there is for all the rest?
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The substantial purpose answer'd
What is done therefore by this rule of Evidence is seems neither
more nor less than this. EVIDENCE Informer's It contributes not a whit to
the securing the integrity of the witness but it provides
that if there be is perjury false evidence, there shall be two at least
concerned in it: thereby adding difficulty in the first instance to the attempt
in the 1st instance, by making it requisite
to the first approach to guilt that of two persons one should run the of making put himself in the power of the other
a criminal by making a <add>him a criminal</add> proposition. to the other for him for which it will <add>calculated to</add> rejected being
punishment on the proposer, if rejected; & adding afterwards
facility to the it's detection by the chance of a quarrel [between
them] & a discovery impeachment. between the confederates criminals
145 § 60 7
Place of Jurisdiction
These District, of the expression be thought sufficiently
intelligible might be substituted instead of
County as being more precise: unless it be thought
that the Franchise included Jurisdiction might in certain cases,
from the prevalence of personal , prove
too narrow
146 § 60
Place of Jurisdiction
In continuation pursuance of the same injurious design, one
fact may be done in one county, another in another.
it would be a hardship upon both Parties to have
separate actions brought on account of the
separate Counties
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