JB/095/062/002

Click Here To Edit Turnpike Trustees Art. I. Sect. XXXIV.

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 a real property immoveable estate Lands, Tenements
or Hereditaments of the clear yearly value of £ 40"

OR

2. I am inHeir 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 a real estate
settled or descendible on me, of the clear yearly value
of £ 80, 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, OR

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

---page break---
Art. II.

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

---page break---
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.

---page break---
Observations.[...In the right of his wife in the actual possession,
or receipt of the rents and profits. O. T. ... enjoyment
... N.] The word [enjoyment] seems to answer the

---page break---

sense of all those other words in the original. At any duration of
interest in the premisses

(tho' but a it were but momentary one) is left
sufficient, admitted 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 not
likely to have been in though for ever so short a time, in the
hands of persons of very mean condition.  In the added textthe 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 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 in this particular the Office we are speaking of that could be supposed to furnish an <add>adequate inducement</add>

make it worth the while

[...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

---page break---

Perhaps the words

This Page Has Not Been Transcribed Yet

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
Box Contents