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<head>49</head><lb/><head>TURNPIKE ACT. Observations on</head><lb/> <p> <head>93 ff 5.9. <del><gap/></del></head> <note> Trover for a specific, uncertain</note>This <add> any one Horse out of half a dozen </add> <del> Horse <del> which might have been seized but was not, <lb/> <note> which is not this & that. Horn of the Team, but any one </note>the value of which is to be <sic>recover'd</sic> in damages, is it <lb/> not somewhat like the Sword that Balaam wished <lb/> for ? </p> <p> A <del> certain </del> keeper of <del>the</del> <add> a certain </add> Museum <del> in Ox</del>ford | <head>49</head><lb/><head>TURNPIKE ACT. Observations on</head><lb/> <p> <head>93 ff 5.9. <del><gap/></del></head> <note> Trover for a specific, uncertain</note>This <add> any one Horse out of half a dozen </add> <del> Horse </del> which might have been seized but was not, <lb/> <note> which is not this & that. Horn of the Team, but any one </note>the value of which is to be <sic>recover'd</sic> in damages, is it <lb/> not somewhat like the Sword that Balaam wished <lb/> for ? </p> <p> A <del> certain </del> keeper of <del>the</del> <add> a certain </add> Museum <del> in Ox</del>ford <add> & says the story <del> goes </del></add> in going the <lb/> rounds with a Stranger, came to an old rusty Sword, the <lb/> History of which he did not perfectly recollect .... And this, says he <lb/> this is the Sword that Balaam <sic>slew</sic> that<unclear> Ass</unclear> with : <!-- symbol --> <note> <add> <!-- symbol --> <del> Why <add> begging your </add> pardon <add> for quoth </add> cries the stranger <del> but </del> I thought the Prophet <add> that what gave <gap/> </add> regret <add> concern </add> [was] <add>it <gap/><gap/> true</add> that he <hi rend='underline'>had</hi> never a sword </add> </note> <lb/><del> <gap/></del> <add> <del> <gap/> Ay</del> </add> <add>Yes Yes </add> very true replies the Cicerone, <add> I had forgot </add> you are in the right, <lb/> I had forgot - it is the sword he wished for. </p> <p> <head>94 FF 8.13</head><lb/> <note> Horses supernum<hi rend='superscript'>y</hi> all forfeitable </note> Should not <hi rend='underline'>every</hi> supernummerary Horse be made <lb/> perfectable? otherwise a man suffers the same from <lb/> a greater transgression as for a smaller </p> <p> <head>99 ff 12</head> <note> COSTS </note>When a Prosecution is <unclear>dismissed</unclear> on account of <gap/> &c <lb/> should not costs be given to the Def<hi rend='superscript'>t</hi> - under such circumstances <lb/> it must probably have been <foreign>maldicus</foreign>. </p> <p> <head>96 FF 12</head> <note> VIEW </note>Might not the Magistrates <hi rend='underline'>own view</hi> of such impediment <lb/> serve instead of Witnesses </p> <p> <head>97 ff 12</head> <note> SEIZURE Restitution </note>Qu. a method to improve the restitution of a <del> Beast </del> <add> <sic>persun</sic> </add> to <lb/> Def<hi rend='superscript'>t</hi> by a Constable &c - as by committment, without <lb/> the circuity of an Indictment. </p><!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
49
TURNPIKE ACT. Observations on
93 ff 5.9. Trover for a specific, uncertainThis any one Horse out of half a dozen Horse which might have been seized but was not,
which is not this & that. Horn of the Team, but any one the value of which is to be recover'd in damages, is it
not somewhat like the Sword that Balaam wished
for ?
A certain keeper of the a certain Museum in Oxford & says the story goes in going the
rounds with a Stranger, came to an old rusty Sword, the
History of which he did not perfectly recollect .... And this, says he
this is the Sword that Balaam slew that Ass with : Why <add> begging your pardon for quoth cries the stranger but I thought the Prophet that what gave regret concern [was] it true that he had never a sword </add>
Ay Yes Yes very true replies the Cicerone, I had forgot you are in the right,
I had forgot - it is the sword he wished for.
94 FF 8.13
Horses supernumy all forfeitable Should not every supernummerary Horse be made
perfectable? otherwise a man suffers the same from
a greater transgression as for a smaller
99 ff 12 COSTS When a Prosecution is dismissed on account of &c
should not costs be given to the Deft - under such circumstances
it must probably have been maldicus.
96 FF 12 VIEW Might not the Magistrates own view of such impediment
serve instead of Witnesses
97 ff 12 SEIZURE Restitution Qu. a method to improve the restitution of a Beast persun to
Deft by a Constable &c - as by committment, without
the circuity of an Indictment.
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