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<head> | <head>TRUSTEES</head><lb/><!-- text is laid out in two columns headed New and Original respectively. The left hand column is transcribed first --><lb/><p><head>New.</head><lb/> <note>SECT.1</note> <head>ART.XII</head><lb/> Any 9, where it appears to them impracticable for Waggons<lb/>with the weights allowed in Sect. . ..Art . . . to be<lb/>drawn up a hill by the number of beasts allowed in<lb/>Art.. . . . of the same Section without manifest inconvenience<lb/> & hazard, may by written order, allow<lb/>any number not exceeding 6 horses (or what is equivalent <!-- symbol -->) for narrow wheeled carriages, nor so far broad <lb/>wheeled; specifying in such order the limits both ways<lb/>within which such over-number may be used.</p><pb/><p> <head>ART. XIII</head><lb/> Such order shall be certified, by them or their Clerk, to<lb/>the next Sessions for the District within which the<lb/>hill in question lies; & if there confirmed shall be forthwith<lb/>filed by the Clerk of the Peace among the Records<lb/> & from the time of such filing, shall be in force.</p><pb/> <p> <head>ART. XIV </head> <lb/> The like number of Trustes may then order proper<lb/> stones or posts to be set up wherein the allocated limits<lb/> shall be described.</p><pb/> <p> <head>Observations</head><lb/> This long section of the original reflecting three perfectly<lb/> distinguishable transactions, I have thought it proper,<lb/> in easement of the reader's attention, to break into<lb/> as many Articles.<pb/> <p> <!-- This paragraph span both columns --> <!-- symbol from first paragraph --> These words I have inserted as necessary to <sic>compleat</sic><lb/> whatI imagine to be the intention. To reason indeed upon the presumption of <gap/> in it <gap/> <gap/> <gap/> <!-- words obscured by overlap in paper join --><lb/> it otherwise; since, as it <add>was</add> but the Section before that the general term "Beasts of Draught" was subjoined to "Horses"<lb/> it can hardly be supposed to have been omitted the very next without a meaning. This however I cannot help<lb/> thinking to have been the case: I cannot suppose it to have been <hi rend='underline'>meant</hi> that man should be debarred (for no reason <lb/> that I can see) from using any other Beasts, precisely upon the occasion where there is the greatest demand,<lb/> for every thing that will draw, & the least choice. They may console themselves however pretty well for this,<lb/> since by a like omission, as we shall see hereafter, they are left at liberty ( to the manifest overthrow of the Act,)<lb/> as to the number of some kinds of Beasts, where there is no need at all </p><pb/> <head>ART. XV</head><lb/>Any 5 Trustees, may, at the expense of the Road, to be<lb/> <sic>allow'd</sic> at some subsequent metting, order prosecutions by<lb/> Indictment for nuisances thereon: but not unlessthe offence<lb/> have been confessed or evidence <add>of it</add> produced to them. <p> <pb/> <p> <!-- The second half of this paragraph spans both columns --><head>Observations</head><lb/> The motiveof this proviso, one sees plainly enough to be a laudable anxiety<lb/> <add>not</add> to give birth to vexatious prosecutions: but the foundation of this anxiety<lb/> &the method taken to satisfy it, are not quite so easy to understand.<lb/> It is not very usual, I believe, for Grand Juries to find a Bill without<lb/> any evidence at all: & to say that no prosecution shall be commenced <lb/> without evidence that must eventually prove conclusive, is to say that <lb/> no person shall be put to a Trial but whereit is certain that he is guilty; <lb/> or in other words, where there is no occasion for it. </p> <p> If itis meant that Trustees should not direct a prosecution, upon their<lb/> hearing foreign evidence, it might be said so if it means that no evidenceof a Trustee should be received it might have said so: having said none <lb/> of these things, what is it that, it means, should or should not be done? amidstthese difficulties I have given the best guess I could.<lb/> I know not where came the notion of there being anything in the Act to oppose the Idea that no man must play at Indictments but what is sure to win:<lb/> <del> or sure enough to oppose </del> in common sense , & in the nature of things,one sees enough to oppose it; but nothing in particular in this Act.<lb/> Nothing indeed is more common, tho' at the same time noting is more fatal to the cause of perspicacity than these vague references, by which<lb/> the penner of a Statute sends a whole nation upon a wild-goose chase, to save himself the intolerable trouble ofconsidering what he has done. One<lb/> who like the author of these remarks hs been at the pains of reading the Act over & over; may be able with at <del><gap/></del> <add>some</add> degre of confidence to assure the <lb/> reader that this is all <add>there is </add> in it about the matter: but who is there that deserves so ill, as to have <del>it</del> <add>such a task</add> imposed on him as a matter of necessity? </p> <pb/><!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
TRUSTEES
New.
SECT.1 ART.XII
Any 9, where it appears to them impracticable for Waggons
with the weights allowed in Sect. . ..Art . . . to be
drawn up a hill by the number of beasts allowed in
Art.. . . . of the same Section without manifest inconvenience
& hazard, may by written order, allow
any number not exceeding 6 horses (or what is equivalent ) for narrow wheeled carriages, nor so far broad
wheeled; specifying in such order the limits both ways
within which such over-number may be used.
---page break---
ART. XIII
Such order shall be certified, by them or their Clerk, to
the next Sessions for the District within which the
hill in question lies; & if there confirmed shall be forthwith
filed by the Clerk of the Peace among the Records
& from the time of such filing, shall be in force.
---page break---
ART. XIV
The like number of Trustes may then order proper
stones or posts to be set up wherein the allocated limits
shall be described.
---page break---
Observations
This long section of the original reflecting three perfectly
distinguishable transactions, I have thought it proper,
in easement of the reader's attention, to break into
as many Articles.
---page break---
These words I have inserted as necessary to compleat
whatI imagine to be the intention. To reason indeed upon the presumption of in it
it otherwise; since, as it was but the Section before that the general term "Beasts of Draught" was subjoined to "Horses"
it can hardly be supposed to have been omitted the very next without a meaning. This however I cannot help
thinking to have been the case: I cannot suppose it to have been meant that man should be debarred (for no reason
that I can see) from using any other Beasts, precisely upon the occasion where there is the greatest demand,
for every thing that will draw, & the least choice. They may console themselves however pretty well for this,
since by a like omission, as we shall see hereafter, they are left at liberty ( to the manifest overthrow of the Act,)
as to the number of some kinds of Beasts, where there is no need at all
---page break---
ART. XV
Any 5 Trustees, may, at the expense of the Road, to be
allow'd at some subsequent metting, order prosecutions by
Indictment for nuisances thereon: but not unlessthe offence
have been confessed or evidence of it produced to them.
---page break---
Observations
The motiveof this proviso, one sees plainly enough to be a laudable anxiety
not to give birth to vexatious prosecutions: but the foundation of this anxiety
&the method taken to satisfy it, are not quite so easy to understand.
It is not very usual, I believe, for Grand Juries to find a Bill without
any evidence at all: & to say that no prosecution shall be commenced
without evidence that must eventually prove conclusive, is to say that
no person shall be put to a Trial but whereit is certain that he is guilty;
or in other words, where there is no occasion for it.
If itis meant that Trustees should not direct a prosecution, upon their
hearing foreign evidence, it might be said so if it means that no evidenceof a Trustee should be received it might have said so: having said none
of these things, what is it that, it means, should or should not be done? amidstthese difficulties I have given the best guess I could.
I know not where came the notion of there being anything in the Act to oppose the Idea that no man must play at Indictments but what is sure to win:
or sure enough to oppose in common sense , & in the nature of things,one sees enough to oppose it; but nothing in particular in this Act.
Nothing indeed is more common, tho' at the same time noting is more fatal to the cause of perspicacity than these vague references, by which
the penner of a Statute sends a whole nation upon a wild-goose chase, to save himself the intolerable trouble ofconsidering what he has done. One
who like the author of these remarks hs been at the pains of reading the Act over & over; may be able with at some degre of confidence to assure the
reader that this is all there is in it about the matter: but who is there that deserves so ill, as to have it such a task imposed on him as a matter of necessity?
---page break---
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sect. i new trustees orig. |
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jeremy bentham |
[[watermarks::[gr with crown motif] [lion with vryheyt motif]]] |
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