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<!-- This page is set out in two columns --> <head>New. TRUSTEES. Orig.</head><lb/><head>SECT.II</head><lb/> <p> <head>ART. VII</head><lb/> If a Gate be set up or continued by Trustees without authority, the Quarter Sessions shall upon complaint<lb/>in a summary way, order the Sherriff to remove it.</p><pb/><p> Observations<lb/>The tautology of this section, tho' perhaps the highest in<lb/>it's degree, is the most innocent in its kind, of any<lb/> throughout the Act. It generates not a single<lb/>doubt: <unclear>item</unclear> or a dozen lines of "<foreign><hi rend='underline'>Que genus</hi></foreign>" or "<foreign><hi rend='underline'>As<lb/> inpraxenti</hi></foreign>" scattered between the words that are significant<lb/> could not be more harmless. </p><lb/> _________<lb/> | <!-- This page is set out in two columns --> <head>New. TRUSTEES. Orig.</head><lb/><head>SECT.II</head><lb/> <p> <head>ART. VII</head><lb/> If a Gate be set up or continued by Trustees without authority, the Quarter Sessions shall upon complaint<lb/>in a summary way, order the Sherriff to remove it.</p><pb/><p> Observations<lb/>The tautology of this section, tho' perhaps the highest in<lb/>it's degree, is the most innocent in its kind, of any<lb/> throughout the Act. It generates not a single<lb/>doubt: <unclear>item</unclear> or a dozen lines of "<foreign><hi rend='underline'>Que genus</hi></foreign>" or "<foreign><hi rend='underline'>As<lb/> inpraxenti</hi></foreign>" scattered between the words that are significant<lb/> could not be more harmless. </p><lb/> _________<lb/> </p><pb/> <p> <head>ART. IX.</head> <lb/> Trustees shall order their Surveyors to set up (where there are<lb/>not any such already) the erections following. 1. At places where<lb/> several Highways meet, <del>a</del> Stones or Posts indicating by an inscription<lb/>in large characters the names & distances of the next Market<lb/>Towns and other considerable places to which they lead.<lb/> 2. As the approaches to such parts as are subject to deep <del><gap/></del><lb/> or dangerous floods, Stones or Posts for indicating by a graduated<lb/> scale the depth of the water in the deepest point, & for directing<lb/> <gap/><gap/> safest track. 3. At every miles interval, Milestones<lb/> indicating the distances from the principal towns & places<lb/> on the road. </p><pb/> <p> <head>Observations</head><lb/> As the execution of this clause <sic>admitts</sic> some varities through local<lb/> causes; hence it is that Surveyors must take their directions not<lb/> immediately from the Act, but from Trustees, tis therefore to the <lb/>latter that it must be addressed in the first instance.</p> <p> The figures used for Milestones & Direction Posts, in<lb/> I believe more frequently Roman numerals than Cyphers:<lb/> yet the latter seem universally to deserve the preference, As<lb/>being more generally <add>used and</add> understood, they are better for the poor<lb/>who travel slow: as taking up less room, & therefore being <sic>easilier</sic><lb/> apprehended at a glance, they are better for the rich who travel quick</p> <p> Let any one suppose himself to be whisking by a Milestone with<lb/> these two numbers on it [CCLXXXViii.288.] in a Postchair &<lb/> four, & then think which of them he would be the post likely to carry<lb/> with him. </p><pb/> <p> <head>ART. X.</head><lb/> Trustees shall give order concerning the apportionment of<lb/> Tolls to the breadth of Wheels, according to Sect: Art. <lb/>& to the number of Beasts drawing, according to Act . . . . : &<lb/> shall confirm in <del><gap/> <gap/> <gap/></del> <add>in admitting of exemptions to</add> Art. & in making<lb/> compositions to Art.... </p> <pb/> <p> <head>Observations</head> <lb/> With this Article finishes that part of the Section in which<lb/> the number of Trustees stands undetermined. The remainder <lb/> exhibits those wherein the numbers are determined, in the order<lb/> of decreasing series of those numbers. </p> <p> It is not improper to insert Articles here referred to (together<lb/> with such others relating to Carriers as Trustees have the special superintendance of)<lb/> in the <del>chap</del> <add>Section</add> <sic>intitled </sic> from that class of persons, for the reason opposite to that which <lb/> makes it otherwise as we just now observed) in the instance of Surveyors: and it<lb/> is <hi rend='underline'>necessary</hi>, that they may have time to order the implements of their business (their<lb/>carriages, their homes &c) in conformity. This they would not have, if the first notice<lb/> to them of the regulations respecting those implements were to arise from the Rates &<lb/> Orders stuck up at Turnpike Gates. It were to little purpose for a man to know<lb/><!-- this paragraph completed in space above --> <del><gap/></del> <add>The</add> Sections of the Original, corresponding to the several Articles of the<lb/> New <sic>Draught</sic> referred to in this, <unclear>or</unclear> inserted to face those Articles, in the <lb/>Section concerning CARRIERS </p> <pb/> <!-- Start of right hand column - printed text --> <p> <head>SECT. XLI</head><lb/> <note> Trustees abusing or exceeding their Power, in any of the Instances here mentioned. </note><lb/> And be it enacted, That if the Commissioners and<lb/> Trustees appointed, or to be appointed, to put any Act<lb/> of Parliament, made or to be made for the Repair of<lb/> any Turnpike Road, into Execution, shall abuse or exceed<lb/> their Power, by erecting or causing to be erected, or<lb/> continuing or causing to be continued, any Gate or<lb/> Gates, Turnpike or Turnpikes, where they have not<lb/> any Power, by virtue of any Act of Parliament, to<lb/> erect such Gate or Gates, Turnpike or Turnpikes; it <note> the General Quarter Sessions may determine any Complaint made thereof in a Summary way: </note><lb/> shall and may be lawful to and for the Justices of the<lb/> Peace of the County, Riding, Division, or Place,<lb/> where any such Gate or Gates, Turnpike or Turnpikes,<lb/> is or shall be erected or continued, in their General<lb/> Quarter Sessions assembled, upon Complaint of such<lb/> Abuse or Excess of Power in such Commissioners and<lb/> Trusteees, in a summary Way to hear and determine the<lb/> same; and thereupon to order the Sheriff of the County, <note> and the Sheriff is to execute their Order. </note><lb/> who is hereby authorized and required to execute such<lb/> Order, <add>+ Else it were to little purpose he should have it.</add> <!-- handwritten addition --> to remove any such Gate or Gates, Turnpike<lb/> or Turnpikes.<!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
New. TRUSTEES. Orig.
SECT.II
ART. VII
If a Gate be set up or continued by Trustees without authority, the Quarter Sessions shall upon complaint
in a summary way, order the Sherriff to remove it.
---page break---
Observations
The tautology of this section, tho' perhaps the highest in
it's degree, is the most innocent in its kind, of any
throughout the Act. It generates not a single
doubt: item or a dozen lines of "Que genus" or "As
inpraxenti" scattered between the words that are significant
could not be more harmless.
_________
---page break---
ART. IX.
Trustees shall order their Surveyors to set up (where there are
not any such already) the erections following. 1. At places where
several Highways meet, a Stones or Posts indicating by an inscription
in large characters the names & distances of the next Market
Towns and other considerable places to which they lead.
2. As the approaches to such parts as are subject to deep
or dangerous floods, Stones or Posts for indicating by a graduated
scale the depth of the water in the deepest point, & for directing
safest track. 3. At every miles interval, Milestones
indicating the distances from the principal towns & places
on the road.
---page break---
Observations
As the execution of this clause admitts some varities through local
causes; hence it is that Surveyors must take their directions not
immediately from the Act, but from Trustees, tis therefore to the
latter that it must be addressed in the first instance.
The figures used for Milestones & Direction Posts, in
I believe more frequently Roman numerals than Cyphers:
yet the latter seem universally to deserve the preference, As
being more generally used and understood, they are better for the poor
who travel slow: as taking up less room, & therefore being easilier
apprehended at a glance, they are better for the rich who travel quick
Let any one suppose himself to be whisking by a Milestone with
these two numbers on it [CCLXXXViii.288.] in a Postchair &
four, & then think which of them he would be the post likely to carry
with him.
---page break---
ART. X.
Trustees shall give order concerning the apportionment of
Tolls to the breadth of Wheels, according to Sect: Art.
& to the number of Beasts drawing, according to Act . . . . : &
shall confirm in in admitting of exemptions to Art. & in making
compositions to Art....
---page break---
Observations
With this Article finishes that part of the Section in which
the number of Trustees stands undetermined. The remainder
exhibits those wherein the numbers are determined, in the order
of decreasing series of those numbers.
It is not improper to insert Articles here referred to (together
with such others relating to Carriers as Trustees have the special superintendance of)
in the chap Section intitled from that class of persons, for the reason opposite to that which
makes it otherwise as we just now observed) in the instance of Surveyors: and it
is necessary, that they may have time to order the implements of their business (their
carriages, their homes &c) in conformity. This they would not have, if the first notice
to them of the regulations respecting those implements were to arise from the Rates &
Orders stuck up at Turnpike Gates. It were to little purpose for a man to know
The Sections of the Original, corresponding to the several Articles of the
New Draught referred to in this, or inserted to face those Articles, in the
Section concerning CARRIERS
---page break---
SECT. XLI
Trustees abusing or exceeding their Power, in any of the Instances here mentioned.
And be it enacted, That if the Commissioners and
Trustees appointed, or to be appointed, to put any Act
of Parliament, made or to be made for the Repair of
any Turnpike Road, into Execution, shall abuse or exceed
their Power, by erecting or causing to be erected, or
continuing or causing to be continued, any Gate or
Gates, Turnpike or Turnpikes, where they have not
any Power, by virtue of any Act of Parliament, to
erect such Gate or Gates, Turnpike or Turnpikes; it the General Quarter Sessions may determine any Complaint made thereof in a Summary way:
shall and may be lawful to and for the Justices of the
Peace of the County, Riding, Division, or Place,
where any such Gate or Gates, Turnpike or Turnpikes,
is or shall be erected or continued, in their General
Quarter Sessions assembled, upon Complaint of such
Abuse or Excess of Power in such Commissioners and
Trusteees, in a summary Way to hear and determine the
same; and thereupon to order the Sheriff of the County, and the Sheriff is to execute their Order.
who is hereby authorized and required to execute such
Order, + Else it were to little purpose he should have it. to remove any such Gate or Gates, Turnpike
or Turnpikes.
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