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<p>This further explanation might then be useful, by way <lb/> of direction to the Magistrate, & to prevent an offender <lb/>depending on impunity from the difficulty of the <lb/> proof — "Of the fact of such connivance direct<lb/> evidence shall not be necessary, but the Magistrate <lb/>shall <del>deliv</del> judge from the circumstances of<lb/> the case. </p> | <p>This further explanation might then be useful, by way <lb/> of direction to the Magistrate, & to prevent an offender <lb/>depending on impunity from the difficulty of the <lb/> proof — "Of the fact of such connivance direct<lb/> evidence shall not be necessary, but the Magistrate <lb/>shall <del>deliv</del> judge from the circumstances of<lb/> the case. </p> | ||
<p>It is better to devise some general term, than<lb/> to trust to these specifications, which seldom are <lb/>compleat — Those in question, for example, scarce include <hi rend='underline'>railing</hi> set up to fence off a Gravel Pit. <lb/></p> | |||
<p>The consequences of the double measure of words <lb/>given in this Section according to the laudable generosity<lb/> in use, is, (not to bend <add>a</add> myself to make acknowledgment <lb/>of it in every instance) that "if any [two <lb/>"Surveyors" are guilty of this negligence," such [one] <lb/>"Surveyor" (which of them?) is to pay the fine.</p> | |||
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New Turnpike Surveyors Orig.
Sect. VI
— VII Art. I
Surveyors fulfilling the directions of Trustees concerning
work enjoined by Sect. II Art. ... shall
be reimbursed out of the Tolls: but omitting by the space of 3 Months to execute
any order relative thereto, shall forfeit 20s.
A Surveyor, within whose suffering any Block or Heap of any thing
(other than work erected for the Benefit of the Road) to his
48 Hours within 12 feet of the middle of a Turnpike-Road above the surface
to obstruct the passage shall forfeit 40
Observations
+ By these loose words it is seems render'd in some degree doubtful
whether Tollgatherers, Clerks, or even Trustees, are not the objects of the
clause as well as Surveyors: if it be apprehended,
least the want of a formal appointment should exempt
persons acting as Surveyors from the penalty,
the ... Article in the Section of Definitions is calculated
to obviate such apprehensions: as to the cost, an
anxiety of this sort had better be expressed constantly
& regularly or not at all. The next Article, for example,
stands in equal need of it.
Is not "suffering" rather too loose? might not some
word importing knowledge, as "connivance", be more
proper? If so, the Article might be alter'd thus —
..."with whose connivance.... shall have lain."
This further explanation might then be useful, by way
of direction to the Magistrate, & to prevent an offender
depending on impunity from the difficulty of the
proof — "Of the fact of such connivance direct
evidence shall not be necessary, but the Magistrate
shall deliv judge from the circumstances of
the case.
It is better to devise some general term, than
to trust to these specifications, which seldom are
compleat — Those in question, for example, scarce include railing set up to fence off a Gravel Pit.
The consequences of the double measure of words
given in this Section according to the laudable generosity
in use, is, (not to bend a myself to make acknowledgment
of it in every instance) that "if any [two
"Surveyors" are guilty of this negligence," such [one]
"Surveyor" (which of them?) is to pay the fine.
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Identifier: | JB/079/115/001"JB/" can not be assigned to a declared number type with value 79. |
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115 |
sect. vi & vii new turnpike surveyors orig. |
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jeremy bentham |
[[watermarks::[gr with crown motif] [lion with vryheyt motif]]] |
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25557 |
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