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This passage it must be owned is sufficiently
perplexing
First on the supposition that a strip is
to be laid upon the word on any Turnpike
Road — one is at a loss to conceive why
the regulation should be confined to such not be general to
Roads as are not inclosed on both sides — all roads
Enclosed or not enclosed, as an encroachment
that is known to be made on the road, demands equally to be
redressed.
If no particular strip as I suppose like the remaining is to be laid on that word,
but the meaning is as it appears to me to be,
to prohibit any fine being made within the
30 feet from the middle of a Turnpike of a Turnpike Road on the
that is to either
side where it is open sideuninclosed
on both sides
where on one only
on that one
side where a
Road is it is uninclosed, that is in that
to be for this purpose the Len width of a Turnpike Road to sixty 30
feet on each side where it is not fixed already,
as for the purpose of its not being broken up put into
culture it is fixed without any such word as "on" in the next passage to
15 feet, the word "on is improper and productive
of confusion.
---page break---
It assumes that is already done which is the
very thing this Section at means to do.
With respect to the certainty of it's boundaries
a Turnpike Road may be in situations
Either, it is new ground bought for the purpose
in which case its boundaries are clear
being ascertained by the Deed of Purchase
or it is an old Highway amended open opening through
sand or uncultivated
Or it is an Old Highway running upon through
Lands cultivated
Now this Old hwy was either inclosed on both
sides, inclosed on one side only or inclosed on
neither.
If inclosed running to what is called a lane on both sides, in this case also it's
boundaries are clear, the a the inclosures are it's
boundaries — To plow it up or to make advance a
Lane upon it would be an offence and mistake.
If only is there be an enclosure on one side only,
then the boundaries are clear on that one side.
---page break---
The choice "or shall plough, barrow or break up
the Soil of any Land or Ground," if it is not to be
understood as an absolute prohibition of all husbandry
(of which either the compiler or the printer has
found [out] the art of giving it the appearance;)
that clause I say, refers either to the space distance of the
30 feet going which goes before it, or that of the 15 feet
which follows it; but to which of them I should I protest
be very glad to know I know not.
In the Annual Edition
there is only a
before the beginning of
this clause and a
after it, by which
seems to 'join' it and to
preceding: in
there is a
section in both
places by which
it is left indifferent stands undescribed
to join itself with
either.
The punctuation in itself the
Annual Editor plainly
decides it in favour of
the 1st — The punctuation
in is neuter
there is a semicolon in with
there is only a comma
between the words centre
third, if the word or,
a semicolon between the
ground & the word or
In support of the 1st construction it may be said
On the one hand it may be said, that the
Plowing up in a regular giving it <add>this ground a regular plowing</add> manner and by design is as complete
an exercise of ownership and a
completely unfits sports alters the Soil for the purpose of
a Road, or qualify as the making of a upon
the same spot: and therefore was meant to be
confined prohibited to the other distinction: that the farming
whereas on the plow by carelessness and negligence
was and to me another affair & the penalty for it meant
to be extended all over the road.
the "on" is to be laid out of the case other than
a man wa wrong be is prohibited from making an
bridge on his own ground within a former one
from changing a former bridge into
and vice versa.
---page break---
that the penalty for turning the plow or barrow
within the distance of 15 feet was a different affair
and meant to guard not to set the bounds of the road but to guard that The whole of it be it in
part that is in nature space (which is so supposed
cannot fall short of that breadth) from
being injured by carelessness of the Plowman
If the road came through enclosed on another side
then we must attend to another distinction
It is thus to be considered whether the Land through
which it passes be is cultivated or uncultivated
There is this cause
to determine
the boundaries
If cultivated, the Boundaries are can be marked no
otherwise than by these circumstances: on the one
hand the extent to which the repair has usually
reached: on the other hand, the bound's to
which the culture has been usually
of itself implies a certain property: but in
lands uncultivated there arises yet another
distinction.
They may be either private or common, able i.e.
public
If Common, then
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Identifier: | JB/095/111/001 "JB/" can not be assigned to a declared number type with value 95.
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turnp. act observations on xx |
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jeremy bentham |
[[watermarks::gr [crown motif] [lion with vryheyt motif]]] |
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