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<p><head>ART. I.</head>
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Whereas mischiefs have arisen from the intermedling
<head>ART. I.</head>
<p>Whereas mischiefs have arisen from the intermeddling
<lb/>
<lb/>
of mean persons in Turnpike Trusts;
of mean persons in Turnpike Trusts;
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he hath taken and subscribed an Oath <del>of Qualification</del>
he hath taken and subscribed an Oath <del>of Qualification</del>
<lb/>
<lb/>
after one of the forms ensuing; beginning with "I" (mentioning his name) "do
after one of the forms ensuing; beginning<lb/>
with "I" (mentioning his name) "do
<lb/>
<lb/>
sincerely swear that" and ending with "So help
sincerely swear that" and ending with "So help
<lb/>
<lb/>
me God."
me God."</p>
</p>
<p>1.  I am in the enjoyment of a real estate
<p>
1.  I am in the enjoyment of a real estate
<lb/>
<lb/>
of the clear yearly value of £40 <gap/>
of the clear yearly value of £40 OR
<lb/></p>
<lb/></p>
<p>2.  I am Heir apparent (as I believe) to C.
<p>2.  I am Heir apparent (as I believe) to C.
Line 30: Line 30:
in the enjoyment of a real estate [settled or
in the enjoyment of a real estate [settled or
<lb/>
<lb/>
descendible on me, of the clear <gap/><del>deleted text</del> yearly
descendible on me, of the clear <del>value</del> yearly
<lb/>
<lb/>
of £80  <unclear>OR</unclear></p>
of £80  OR</p>
<p>
<p>I am in the enjoyment of personal, [or real
I am in the enjoyment of personal, [or real
<lb/>
<lb/>
and personal] estate ][together] of the clear value
and personal] estate ][together] of the clear value
<lb/>
<lb/>
of £800 <unclear> OR</unclear></p>
of £800 OR</p>
<p>
<p>
[I am Heir apparent (as I believe) to C. D,
[I am Heir apparent (as I believe) to C. D,
<lb/>
<pb/>
(mentioning the name) who is (as I believe) in
(mentioning the name) who is (as I believe) in
<lb/>
<lb/>
the enjoyment of real estate, settled or descendible
the enjoyment of real estate, settled or <sic>descendible</sic>
<lb/>
<lb/>
on me, of the clear yearly value of £40;
on me, of the clear yearly value of £40;
<lb/>
<lb/>
and also am myself in the enjoyment of personal, or real and personal, estate together of
and also am myself in the enjoyment of personal,<lb/>
or real and personal, estate together of
<lb/>
<lb/>
the clear value of £400.]</p>
the clear value of £400.]</p>
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<p>
<head>ART. II.</head>
<head>ART. II.</head>
By real estate is meant rents or other profits
<p>By real estate is meant rents or other profits
<lb/>
<lb/>
issuing out of Lands Tuthes Offices or Franchises :
issuing out of Lands Tithes Offices or Franchises:
<lb/>
<lb/>
by personal, any other kind of property
by personal, any other kind of property
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besides.</p>
besides.</p>
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<p>
<head>ART. III</head>
<head>ART. III</head>
For taking any such Oath without being qualified
<p>For taking any such Oath without being qualified
<lb/>
<lb/>
in the manner therein described, the  
in the manner therein described, the  
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penalty shall be the same.</p>
penalty shall be the same.</p>
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<p>
<head>ART. IV</head>
<head>ART. IV</head>
<del>The</del> Proof of the taking the Oath, or of posessing
<p><del>The</del> Proof of the taking the Oath, or of possessing
<lb/>
<lb/>
the Qualification, as the case is, shall
the Qualification, as the case is, shall
<lb/>
<lb/>
lie upon a Defendant : the Informer proving
lie upon a Defendant: the Informer proving
<lb/>
<lb/>
only the Defendant's having acted as a Trustee.
only the Defendant's having acted as a Trustee.</p>
</p>
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<p>
<head>Observations.</head>
<head>Observations.</head>
This section, in order to justify the several
<p>This section, in order to justify the several
<lb/>
<lb/>
additions retrenchments and alterations that
additions retrenchments and alterations that</p>
<lb/>
<pb/>
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<pb/>
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<p>
 
<head>Observations continued.</head>
<head>Observations continued.</head>
are here made in it, together with others that will be propos'd,
<p>are here made in it, together with others that will be <sic>propos'd</sic>,
<lb/>
<lb/>
will necessarily draw on a number of observations; many
will necessarily draw on a number of observations; many
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others that naturally presented themselves have been suppressed,
others that naturally presented themselves have been suppressed,
<lb/>
<lb/>
since it is necessary this essay should have it's limits.
since it is necessary this essay should have <sic>it's</sic> limits.
<lb/>
<lb/>
<del>To take it, in the 1<hi rend='superscript'>st</hi> place in a general view</del>  <gap/><del>deleted text</del> <gap/><del>deleted text</del>,
<del>To take it, in the 1<hi rend='superscript'>st</hi> place in a general view in <gap/></del>,
<add>Upon taking a general view we may observe in the first place</add>  
<lb/>
<lb/>
<add>Upon taking a general view we may observe int he first place</add>  
<del><gap/></del> that the Qualification besides being described in the
<lb/>
<lb/>
that the Qualification besides being described in the
Oath, is described <add>before</add> in the enacting part; which is tautology:
<lb/>
<lb/>
Oath, is described <add>before</add> in the enacting part; which is tautology :
and it is described differently; which is confusion.</p>
<p>In the Oath the word "Enjoyment" is <hi rend='underline'>added</hi> to the words<lb/>
"Possession or Receipt &amp;c" <del>(and what follows through</del> of the enacting
<lb/>
<lb/>
and it is described differently; which is confusion.
part: it should seem that it might be <hi rend='underline'>substituted</hi> instead
 
<lb/>
of them; and this is what has accordingly been done in
<lb/>
the New <sic>Draught</sic>.  I would not answer for <sic>it's</sic> being absolutely
<lb/>
free from doubts : but if it is not, it is no more than
</p>


</p>
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{{Metadata:{{PAGENAME}}}}
{{Metadata:{{PAGENAME}}}}{{Completed}}

Latest revision as of 10:11, 4 February 2020

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ART. I.

Whereas mischiefs have arisen from the intermeddling
of mean persons in Turnpike Trusts;
No person, on pain of £50 to the infomer, shall
act as Trustee under any Turnpike Act whereby no qualification is required until
he hath taken and subscribed an Oath of Qualification
after one of the forms ensuing; beginning
with "I" (mentioning his name) "do
sincerely swear that" and ending with "So help
me God."

1. I am in the enjoyment of a real estate
of the clear yearly value of £40 OR

2. I am Heir apparent (as I believe) to C.
D. (mentioning the name) who is (as I believe)
in the enjoyment of a real estate [settled or
descendible on me, of the clear value yearly
of £80 OR

I am in the enjoyment of personal, [or real
and personal] estate ][together] of the clear value
of £800 OR

[I am Heir apparent (as I believe) to C. D,
---page break---
(mentioning the name) who is (as I believe) in
the enjoyment of real estate, settled or descendible
on me, of the clear yearly value of £40;
and also am myself in the enjoyment of personal,
or real and personal, estate together of
the clear value of £400.]

ART. II.

By real estate is meant rents or other profits
issuing out of Lands Tithes Offices or Franchises:
by personal, any other kind of property
besides.

ART. III

For taking any such Oath without being qualified
in the manner therein described, the
penalty shall be the same.

ART. IV

The Proof of the taking the Oath, or of possessing
the Qualification, as the case is, shall
lie upon a Defendant: the Informer proving
only the Defendant's having acted as a Trustee.

Observations.

This section, in order to justify the several
additions retrenchments and alterations that


---page break---

---page break---

Observations continued.

are here made in it, together with others that will be propos'd,
will necessarily draw on a number of observations; many
others that naturally presented themselves have been suppressed,
since it is necessary this essay should have it's limits.
To take it, in the 1st place in a general view in , Upon taking a general view we may observe in the first place
that the Qualification besides being described in the
Oath, is described before in the enacting part; which is tautology:
and it is described differently; which is confusion.

In the Oath the word "Enjoyment" is added to the words
"Possession or Receipt &c" (and what follows through of the enacting
part: it should seem that it might be substituted instead
of them; and this is what has accordingly been done in
the New Draught. I would not answer for it's being absolutely
free from doubts : but if it is not, it is no more than



Identifier: | JB/095/064/001"JB/" can not be assigned to a declared number type with value 95.

Date_1

Marginal Summary Numbering

Box

095

Main Headings

Folio number

064

Info in main headings field

Image

001

Titles

observations continued

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

Penner

jeremy bentham

Watermarks

[[watermarks::[gr with crown motif] [lion with vryheyt motif]]]

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

30950

Box Contents

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