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<head>5</head> | |||
<head>SUPPLEMENTAL Provisions</head> | |||
<head>27</head> | |||
<p>Power to Surveyors (on order of Trustees) to make<lb/> | |||
Causeways Ditches Drains & Bridges, making recompense<lb/> | |||
for damage. 20</p> | |||
<head>28</head> | |||
<p>To make temporary Roads while the old ones<lb/> | |||
are <del>repairing</del> <add>improving</add> or widening. 20</p> | |||
<head>29</head> | |||
<p>Penalty on person's obstructing Surveyors 21.<lb/> | |||
Persons <del>liable to</del> <add>& Rents chargeable with</add> repairing parts of the Road, or Bridges<lb/> | |||
Drains, Ditches or Sewers, <del>& Rents charge</del> to continue<lb/> | |||
so — <add><del>unless</del> but <hi rend='underline'>Persons</hi> may compound p. 20.</add> — pp. 21. 22. Qu. whether it would not<lb/> | |||
be useful for the sake of uniformity to give power<lb/> | |||
to Trustees at a full meeting <hi rend='superscript'>+</hi> <note><hi rend='superscript'>+</hi> or not till after 2 meetings at a certain interval (in order to prevent <sic><hi rend='underline'>favor</hi></sic> & <sic><hi rend='underline'>surprize</hi></sic></note> to compound <del>?</del> <del>for</del><lb/> | |||
where Rents are chargeable?</p> | |||
<head>30</head> | |||
<p>Rent-charges <del>to be</del> recoverable by distress by order<lb/> | |||
of a Justice - p. 22, N.B. But an Affidavit should<lb/> | |||
be required of the Rent-charge's having been paid<lb/> | |||
before within such a time otherwise this may<lb/> | |||
be trying a Title before a single Justice - thus<lb/> | |||
the treble Penalty for not setting out of Tythes<lb/> | |||
is not [or Qu would not be] recoverable if the<lb/><pb/> | |||
Title was not clear.</p> | |||
<head>31.</head> | |||
<p>Apportionment of <add>Statutes</add> Work between Turnpikes & the<lb/> | |||
Highways. <add>to be made by Trustees</add> p. 22.</p> | |||
<head>32</head> | |||
<p>Lists <del>to be given in</del> of chargeable Inhabitants to be<lb/> | |||
given in by Surveyors to Trustees - <del><gap/></del> 23.<lb/> | |||
<gap/> on Inhabitants refractory </p> | |||
<head>33</head> | |||
<p>Appeal from Trustees to Petty Sessions, & from<lb/> | |||
Petty to Quarter — p. 24. N.B. the Provision<lb/> | |||
in the General Act that Trustees may act as Justices<lb/> | |||
should be repealed per <gap/> <unclear>as</unclear> to what regard<lb/> | |||
the hearing of Appeals. <hi rend='superscript'>+</hi> <note><hi rend='superscript'>+</hi> <sic>Enter'd</sic> Observation 60<hi rend='superscript'>th</hi>.</note></p> | |||
<head>34</head> | |||
<p>Power of Trustees to compound with Parishes for<lb/> | |||
Statute Duty</p> | |||
<head>35</head> | |||
<p>Composition money <add>being 3 months in arrear</add> to be <sic>recover'd</sic> <del>before one Justice</del><lb/> | |||
<hi rend='underline'>by Distress</hi> <add>of the Defaulter where a<del>n</del> <del>private</del> <add>Individual <del>of the</del></add></add> of the Surveyor <del>if made with</del> <add>-where</add> a Parish<lb/> | |||
before one Justice by a person appointed by 5 Trustees<lb/> | |||
<del>making</del> Oath being made that it is <add>remains</add> unpaid after demand.</p> | |||
<head>36</head> | |||
<p>Surveyor to be reimbursed by <add>being</add> allow<del>ed</del>ing the money paid (with<lb/> | |||
Costs & charges if levied by distress) in his accounts</p><pb/> | |||
<head>37.</head> | |||
<p>Power of 5 Trustees to <del>Purchase</del> widen or divert the<lb/> | |||
Road at the expense of <add>"Moor or</add> Waste Lands", <note>It should be Common</note> without satisfaction</p> | |||
<head>38</head> | |||
<p>And of Private <del>grounds</del> <add>[profitable]</add> Lands by contracting <add>by purchase or Exchange</add> for the<lb/> | |||
new ground wanted with the persons <add><del>owners</del></add> seized under<lb/> | |||
their several descriptions of Persons <note>Issue Unborn Lunatics Idiots Infants <gap/> Covert</note> <del><gap/> & Corporate</del> <add>Natural or Politic</add><lb/> | |||
seized in their own or in another's right & their<lb/> | |||
contracts to bind their <unclear>listing</unclear> <unclear>give</unclear> Trusts</p> | |||
<head>39.</head> | |||
<p>Upon their neglect refusal or inability to treat within<lb/> | |||
a limited time <hi rend='superscript'>||</hi> <note><hi rend='superscript'>||</hi> 20 days Hursling- New-<gap/> Act</note> after suitable notice given <hi rend='superscript'>+</hi> <note><hi rend='superscript'>+</hi> To the Tenant in possession d<hi rend='superscript'>o</hi></note> — <hi rend='underline'>compulsive</hi><lb/> | |||
conveyance <hi rend='superscript'>||</hi> <note><hi rend='superscript'>||</hi> (except as to <del><gap/></del> Land <sic>cover'd</sic> with <gap/> or <unclear>laid</unclear> out in a Garden Orchard Yard, Park Paddock, Planted Walk or Avenue to a House)</note> <add>for a consideration to be</add> <del>by</del> <sic>aestimated</sic> <gap/> of by a Jury.</p> | |||
<head><del>3</del>40.</head> | |||
<p>Course of proceedings for <add>such</add> adversary valuation.<lb/> | |||
<add>Power of</add> 5 Trustees to Issue Warrants to the Sheriff for<lb/> | |||
returning a Jury of 24. & to Summon Witnesses<lb/> | |||
[N.B. This power ought to be mutual to the adverse<lb/> | |||
party]. —</p> | |||
<p><foreign>Tales de circumstantibus</foreign> — <add>And to order a view —</add> Verdict final. <note>If this Jury give <del>as</del> more than what was offer'd the Proprietors <add>Trustees</add> <del>of the Land</del> to pay <gap/><!-- words missing due to torn page --> of expenses; if <add>no</add> more <gap/> Proprietors.</note></p> | |||
<p><del>Powers of</del><lb/> | |||
N.B There wants here a Provision for the case<lb/> | |||
where the same Land <add>Subject</add> is carried out into different<lb/> | |||
Estates as if there are several Life Estates expectant one<pb/> | |||
<head>40</head> | |||
after the other or a fee after a thousand years <del><gap/></del><lb/> | |||
or where a Tenant has a common Tenants Lease<lb/> | |||
The owner of a life <add>present</add> Estate whether for his own or<lb/> | |||
another man's or a <del>Beneficial</del> Lease originally created<lb/> | |||
for 60 years or more whereof 31 are unexpired<lb/> | |||
ought to bind by what they do or suffer all persons<lb/> | |||
interested in a <unclear>posterior</unclear> <add>the greater</add> Estate <del><unclear>the</unclear></del> <add>in that</add> of same<lb/> | |||
<gap/>.</p> | |||
<head>41.</head> | |||
<p>Power of Trustees to fine 1<hi rend='superscript'><unclear>st</unclear></hi> the Sheriff or his Deputies<lb/> | |||
<add>for Default</add> 2<hi rend='superscript'>d</hi> Jurymen summoned & returned who <sic>omitt</sic> to<lb/> | |||
appear, or appearing, to be sworn, or being sworn<lb/> | |||
to give their Verdict 3<hi rend='superscript'>d</hi> Witnesses summoned who<lb/> | |||
<sic>omitt</sic> to appear; or appearing, to be sworn; or<lb/> | |||
being sworn, to give their evidence. — Limits<lb/> | |||
of the Fines.</p> | |||
<head>42.</head> | |||
<p><del>Recompense</del> <add>Compensation</add> money <add>agreed for or assessed</add> to be <hi rend='superscript'>[+]</hi> <note><hi rend='superscript'>[+]</hi> taken out of the Tolls money or money <sic>borrowd</sic> upon the credit of the Tolls, & to be</note> paid to persons entitled or<lb/> | |||
their Agents, or on refusal to accept, to be left<lb/> | |||
with the Treasurer for their use on demand.</p> | |||
<head>43. p. 28.</head> | |||
<p>Lands so acquired to be Ditched & Fenced from<lb/> | |||
the Lands adjoining; & to become part of the Road<lb/> | |||
into which they are laid</p> | |||
<head>44 p. 28</head> | |||
<p>The Old Road then to be sold unless where it leads over<lb/> | |||
waste Ground or to some Town or Village to which the<lb/> | |||
new one does not: & the purchase money to be added to the</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} |
5
SUPPLEMENTAL Provisions
27
Power to Surveyors (on order of Trustees) to make
Causeways Ditches Drains & Bridges, making recompense
for damage. 20
28
To make temporary Roads while the old ones
are repairing improving or widening. 20
29
Penalty on person's obstructing Surveyors 21.
Persons liable to & Rents chargeable with repairing parts of the Road, or Bridges
Drains, Ditches or Sewers, & Rents charge to continue
so — unless but Persons may compound p. 20. — pp. 21. 22. Qu. whether it would not
be useful for the sake of uniformity to give power
to Trustees at a full meeting + + or not till after 2 meetings at a certain interval (in order to prevent favor & surprize to compound ? for
where Rents are chargeable?
30
Rent-charges to be recoverable by distress by order
of a Justice - p. 22, N.B. But an Affidavit should
be required of the Rent-charge's having been paid
before within such a time otherwise this may
be trying a Title before a single Justice - thus
the treble Penalty for not setting out of Tythes
is not [or Qu would not be] recoverable if the
---page break---
Title was not clear.
31.
Apportionment of Statutes Work between Turnpikes & the
Highways. to be made by Trustees p. 22.
32
Lists to be given in of chargeable Inhabitants to be
given in by Surveyors to Trustees - 23.
on Inhabitants refractory
33
Appeal from Trustees to Petty Sessions, & from
Petty to Quarter — p. 24. N.B. the Provision
in the General Act that Trustees may act as Justices
should be repealed per as to what regard
the hearing of Appeals. + + Enter'd Observation 60th.
34
Power of Trustees to compound with Parishes for
Statute Duty
35
Composition money being 3 months in arrear to be recover'd before one Justice
by Distress of the Defaulter where an private <add>Individual of the</add> of the Surveyor if made with -where a Parish
before one Justice by a person appointed by 5 Trustees
making Oath being made that it is remains unpaid after demand.
36
Surveyor to be reimbursed by being alloweding the money paid (with
Costs & charges if levied by distress) in his accounts
---page break---
37.
Power of 5 Trustees to Purchase widen or divert the
Road at the expense of "Moor or Waste Lands", It should be Common without satisfaction
38
And of Private grounds [profitable] Lands by contracting by purchase or Exchange for the
new ground wanted with the persons owners seized under
their several descriptions of Persons Issue Unborn Lunatics Idiots Infants Covert & Corporate Natural or Politic
seized in their own or in another's right & their
contracts to bind their listing give Trusts
39.
Upon their neglect refusal or inability to treat within
a limited time || || 20 days Hursling- New- Act after suitable notice given + + To the Tenant in possession do — compulsive
conveyance || || (except as to Land cover'd with or laid out in a Garden Orchard Yard, Park Paddock, Planted Walk or Avenue to a House) for a consideration to be by aestimated of by a Jury.
340.
Course of proceedings for such adversary valuation.
Power of 5 Trustees to Issue Warrants to the Sheriff for
returning a Jury of 24. & to Summon Witnesses
[N.B. This power ought to be mutual to the adverse
party]. —
Tales de circumstantibus — And to order a view — Verdict final. If this Jury give as more than what was offer'd the Proprietors Trustees of the Land to pay of expenses; if no more Proprietors.
Powers of
N.B There wants here a Provision for the case
where the same Land Subject is carried out into different
Estates as if there are several Life Estates expectant one
---page break---
40
after the other or a fee after a thousand years
or where a Tenant has a common Tenants Lease
The owner of a life present Estate whether for his own or
another man's or a Beneficial Lease originally created
for 60 years or more whereof 31 are unexpired
ought to bind by what they do or suffer all persons
interested in a posterior the greater Estate the in that of same
.
41.
Power of Trustees to fine 1st the Sheriff or his Deputies
for Default 2d Jurymen summoned & returned who omitt to
appear, or appearing, to be sworn, or being sworn
to give their Verdict 3d Witnesses summoned who
omitt to appear; or appearing, to be sworn; or
being sworn, to give their evidence. — Limits
of the Fines.
42.
Recompense Compensation money agreed for or assessed to be [+] [+] taken out of the Tolls money or money borrowd upon the credit of the Tolls, & to be paid to persons entitled or
their Agents, or on refusal to accept, to be left
with the Treasurer for their use on demand.
43. p. 28.
Lands so acquired to be Ditched & Fenced from
the Lands adjoining; & to become part of the Road
into which they are laid
44 p. 28
The Old Road then to be sold unless where it leads over
waste Ground or to some Town or Village to which the
new one does not: & the purchase money to be added to the
Identifier: | JB/095/037/001"JB/" can not be assigned to a declared number type with value 95. |
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jeremy bentham |
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