JB/095/062/002

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Turnpike Trustees

Art. I.

Whereas mischiefs have ensued from the intermedling
of mean persons in Turnpike Trusts; No
person, on pain of £ 50, to the informer, shall act as Trustee
under any Turnpike Act, untill he have taken
and subscribed an Oath of Qualification after one
of the forms ensuing; beginning with "I (mentioning
his name) do solemnly swear that" and ending
with "So help me God."

1. "I am in the enjoyment of Lands, Tenements</del immoveable property a real estate
or Hereditaments of the clear yearly value of £40"
Clear annual income consisting of By Real Estate is meant the rents or other profits issuing out of Lands, Tithes or Offices or Franchises

OR

2. "I am in Heir apparent (as I believe) to C.D.
[mentioning the name] who is (as I believe)in the
enjoyment of Lands, Tenements or Hereditaments immoveable property <add>a real estate</add>
settled or descendible on me, of the clear yearly
value of £ 80, clear annual income arising issuing out of or received upon Lands [Titles] Offices or Annuities or rents received out of them OR

3. I am in the enjoyment of personalpersonal & moveable [or real & personal [or real immoveable
and personal moveable personal ] Estate [together] of the clear value
of £ 800, Capital X Annual Income OR

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[4. I am Heir apparent (as I believe) to C.D.
[mentioning the name] who is (as I believe)in
the enjoyment of for the being possessed Lands, Tenements or Hereditaments immoveable real Estate,
[settled or descendible on me,] of the clear yearly
value of £ 40; I also am myself in the enjoyment
of a personal moveable <add>personal</add> or personal & real estates moveable & immoveable property <add>personal real estate
together of the clear value of £ 400.

Art. II.

For taking any such Oath falsely the person shall without being qualified be
the same after the manner in any some one of them therein described,
the penalty shall be the same.

Art. III.

The proof of the taking the Oath, or of possessing the
qualification, as the case is, shall lie upon the a
Def endant: : the Informer proving only his the Defendant's having acted
as a Trustee.

Observations.

[...In the right of his wife, in the actual possession,
or receipt of the rents & profits. O. ] ... enjoyment
... N.] The word [enjoyment] seems to answer the

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sense of all those other words in the original. As any duration of
interest in the premisses (tho' but a it were but momentary one ) is left
sufficient, admitted of whether it be in a man's own right that he enjoys it
or in that of his wife, makes no difference. From this circumstance
it seems as if it were the design were to secure a
certain rank in the persons invested with these Trusts, than
a certain fortune; under the notion that a real estate to the amount specified was is not
likely to have been in though for ever so short a time, in the
hands of persons of very mean condition. In the the other view the
provision is distinctly manifestly imperfect.

In any view indeed
At any rate consequences seem to arise from this latitude in the provision that are scarce consistent with the design: that an Estate holden at Will; by Sufferance; by Statute Merchant; or by Eligit in satisfaction in of a small debt, by the discharge of which they might be annihilated may respectively constitute a qualification in an instant. Estates that might easily be created for the purpose were there any thing inthis particular the

Office we are speaking ofthat could be supposed to

make it worth the while furnish an <add>adequate inducement

[...Heir ... of an estate in Land ... O.] The "Tenements and Hereditaments,"
we see are dropped already: perhaps it might as
well if they had not been at all inserted. The persons excluded

>Perhaps the words others, Tenements and Herediments are to might as well be dropped: it is plain at least that the compiler sets no store by them since he uses the word Land without them often.
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Identifier: | JB/095/062/002"JB/" can not be assigned to a declared number type with value 95.
Date_1		Marginal Summary Numbering
Box	095	Main Headings
Folio number	062	Info in main headings field	turnpike-trustees
Image	002	Titles	observations
Category	text sheet	Number of Pages	2
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	30948
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