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<head>DIGEST. Publican's Law <!-- the next word is written on the same line but right aligned -->Observations.</head> | <head>DIGEST. Publican's Law <!-- the next word is written on the same line but right aligned -->Observations.</head> | ||
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<p>be secure against finding by dear-bought experience, | <p>be secure against finding by dear-bought experience, | ||
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that a quite different thing is <hi rend='underline'>meant</hi>. | that a quite different thing is <hi rend='underline'>meant</hi>. | ||
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<p>Now <del><gap/></del> a Justice of Peace and his Clerk, not being | <p>Now <del><gap/></del> a Justice of Peace and his Clerk, not being | ||
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considerations it should seem better for the Legislature | considerations it should seem better for the Legislature | ||
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to give <add>use proper words, & <add>& natural<!-- or, material --></add></add> 'the | to give <add>use proper words, & <add>& natural<!-- or, material --></add></add> 'the Fees' at once to the Justice, than <del>for it</del> <add>to have</add> | ||
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<add>it to</add> <del>be</del> a plain move to conclude, as he certainly would do | <add>it to</add> <del>be</del> a plain move to conclude, as he certainly would do | ||
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from the Law itself, knowing the Law only and not | from the Law itself, knowing the Law only and not | ||
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the practise, that the | the practise, that the Fees were given only to the | ||
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Clerk, <del>and</del> <add>as likewise</add> in case of dispute to make it necessary | Clerk, <del>and</del> <add>as likewise</add> in case of dispute to make it necessary | ||
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the Law <del>said</del> <add>mentioned</add> the Clerk, it meant the Justice. | the Law <del>said</del> <add>mentioned</add> the Clerk, it meant the Justice. | ||
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<p><del>The Law is</del> <add>It does</add> not half vindicated <add><del>th</del></add> <del>when it is observed</del> | <p><del>The Law is</del> <add>It does</add> not half vindicated <add><del>th</del></add> <del>when it is observed</del> | ||
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<p> | <p>Dig. <add><del>Of keeping a</del></add> <del>Art.</del> Sect. 1. <del>Art.</del> XXI. | ||
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[Of keeping good order <add>as the Justices shall think <sic>conveniant</sic>]] <del>as</del> by these words <unclear><del>on</del></unclear> a very | [Of keeping good order <add>as the Justices shall think <sic>conveniant</sic>]] <del>as</del> by these words <unclear><del>on</del></unclear> a very ample</add> | ||
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29 DIGEST. Publican's Law Observations.
be secure against finding by dear-bought experience,
that a quite different thing is meant.
Now a Justice of Peace and his Clerk, not being
the same person, what is given to his the Clerk, is certainly,
ex vi termini not given to him the Justice. Ex vi termini
the Clerk might claim it against the Justice ; and Ex vi
termini where there is no the Justice has no Clerk [that is
every where except at General Sessions and here
and there in London and perhaps a few other large towns] the
Justice could claim it against nobody. From these
considerations it should seem better for the Legislature
to give use proper words, & <add>& natural</add> 'the Fees' at once to the Justice, than for it to have
it to be a plain move to conclude, as he certainly would do
from the Law itself, knowing the Law only and not
the practise, that the Fees were given only to the
Clerk, and as likewise in case of dispute to make it necessary
for a superior Court of Justice to determine that when
the Law said mentioned the Clerk, it meant the Justice.
The Law is It does not half vindicated th when it is observed
the Law to observe say that the Justices make may
make it come to the same thing by agreement with
their Clerks; for as has been just observed, the Justices
who have Clerks are very few.
Dig. Of keeping a Art. Sect. 1. Art. XXI.
[Of keeping good order as the Justices shall think conveniant]] as by these words on a very ample
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