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157 § 48
It must be the Authority of this Section which we
Such a Warrant, if at all must see gives none but expresses it already given, if any thing that can justify the issuing of such a Warrant by a Justice: as to This is the 1st & the last time in the Act that any
thing is said in the Act about a any such Warrant the matter to be granted by a
specified Forfeiture: an This is the first & the last Section
where any thing is said about the method of recovering
specific Forfeitures
"Commissioners of any Turnpike" as we hear no more of
them throughout after this, it is plain they can have no business to deal in the
matter at all: in short a no way method does this Act
prescribe of proceeding in a Summary way for a
specific Forfeiture, Plen. Libertatum non debere quia non dederit but by seizure in the 1st instance:
notwithstanding it is supposed in [§ 49 ] the preceding Section that any Principal that that officer is
Officer may lay an Information. It is true that the 5th
Section sets out writs possessory to direct how, "all
Penalties & Forfeitures . . . . "shall be levied:" but when
we come to inquire how that is to be, & find that it
is to be by Distress & Sale only, or Distress & Sale Distancing & selling
of one Horse would be but an awkward way of
coming at another, this [brings us never the nearer.]
unhappily does but leave us where we were the matter here in question where
we found it.
156 § 12 "Commissioners or Trustees."
Any one would naturally enough conclude think from these
words & the rest of this Section that cognizance had been
given to Trustees of offenses of Supernumerary Draught by "drawing a greater number
of Horses or Beasts of Draught than are hereby
allowed:" if he did however, one should say he would be mistaken.
158 § 50
It has been already observed v 157 § 48, that no
power is any where given them to grant a Warrant
159 § 53
It may be imagined, whether a Court that
159 §. 49 New
Evidence "But no evidence of any other Informing for his own benefit shall be heard."
Although It is true this provision is nothing more than what is
fully settled by the common Law, notwithstanding which the
insertion of it here is somthing more than barely useful
A provision of Common Law, as of any other Law, to serve
as a guide, must not only exist, but must be to be found.
It might be better still than it is were well if the provision in question were in no
worse case, than that of not being to be found. coming within the latter predicament.
It is known that Dr Burn's work is ( & wou it is would not be easy to
find conceive a better one that should better deserve to be) the Branch of the Country Magistracy: now in this instance unhappily there is danger of it's turning out a dumb one, or still worse. Unfortunate it is, that in Dr Burn's estimable
Work the Branch of the Country Magistracy,
there is
no notice is any where taken of the evidence requisite
to support a in Summary Information: Under the General Title
Evidence there is indeed a division [No 6] distinguished by
the words "Witness disinterested" in the Margin: but no
notice is taken of interest incompetency arising from Informership.
On the contrary unfortunate it is, that a principal case
there cited, Qu. v. Muscot tends in the a strongester measure degree to confirm any notion such as
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turnpike act observations on xxi |
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jeremy bentham |
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