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TURNPIKE ACT Observations on
*15 § 38
PRODCEDUR This Power [The power of setting aside collusive prosecutions]
which was thought necessary to be given to Justices
judging of offences in their cognizable, before is omitted to
be given to Trustees ing in matters of their
cognizance: & sa can find no reason for imagining it to suppose it, by
design; since if necessary for the purposes of Justice and one
case, it seems equally so in the other ?
*152 § 8 - g
PROC.It seems a pretty nice distinction, that Trustees at the same
that they have cognizance given them of Frauds.
Triple disobediences within Fraud
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XXI
justifiable, that the competent number should do the
business in question when at any by private agreement, among themselves, without
the formalities any of such general notice as is required given for the assent by
by §3g to precede a general meeting
of the whole body, & <add>or at hours at which a general meeting</add>
(by §40) is forbidden to be holden - If the words in
question had been inserted no where without any draft <add>hesitation have </add>
concluded not: but as chit is, & trust acknowledge confess being
unable to decide.
It is clear they may by §40 - where 2 are to appoint a Turnp. man in the interval before a General Meeting
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