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<!-- This page is set out in two columns --><head>TURNPIKE - TOLLGATHERERS</head><lb/><head>SECT. VIII</head><lb/> <p> <head>ART. I.</head> A Tollgatherer appointed instead <del>of</del> one discharged, shall at<lb/>the end of 2 days after notice given thereof to the other <add> or left at his House </add> have<lb/> possession of the Toll-house with the appurtenances, to be given<lb/> him (if opposed) by a Constable with necessary assistance upon<lb/> Warrant from a Justice: & the persons & goods therein being<lb/> shall be removed. </p><lb/> <p> <del><head>OBSERVATIONS.</head></del> <head>ART. II</head> A Temporary Tollgatherer shall <del> <gap/> the <gap/> <gap/> & be </del> <lb/> <del><gap/> to the same duties <gap/><gap/> appointed in the <gap/> <gap/> </del> <lb/> possession of the Toll-house with the appurtenances shall be given him, <lb/> (if opposed) at the end of 4 days after his appointment, in manner as<lb/>by the preceeding Article. </p> <p> <head>Observations</head>Upon examining this Section in the original, we<lb/>shall find it defective in the following particulars,<lb/>sometimes by saying too little, & sometimes by saying<lb/>too much. </p> <p> 1<hi rend='superscript'>st</hi> Neither "<hi rend='underline'>power</hi>" nor "<hi rend='underline'>authority</hi>" nor "<hi rend='underline'>accountable</hi>" <lb/>import the <hi rend='underline'>obligation</hi> to inform; which "<hi rend='underline'>duties</hi>" <lb/> manifestly does in Art...of the 1<hi rend='superscript'>st</hi> Section. <lb/> 2<hi rend='superscript'>dly</hi> Neither "the Wife" nor "Family" of the dead Tollgatherer, <lb/> but a stranger may get in and "refuse <lb/> to deliver up possession": & then where are the words <lb/> of this Section that shall turn him out? <lb/>3<hi rend='superscript'>dly</hi> Along with "<hi rend='underline'>their</hi>" goods, there may be goods in <lb/> the house belonging to a stranger: and then what <lb/> are the words in this section that shall reserves them?<lb/> 4<hi rend='superscript'>thly</hi> According to the <hi rend='underline'>expression</hi> (though certainly <lb/> not according to the design) a Tollgatherer discharged <lb/> or the Wife and family of one dead are <lb/> <hi rend='underline'>liable</hi> to be turned out at a minute's warning: <lb/> for the house is to be evacuated not at the <hi rend='underline'>expiration</hi> <lb/> of the time prescribed, but <hi rend='underline'>within</hi> it: and the <lb/> <gap/> of that is for any thing that <gap/> to the contrary </p> <pb/><!-- additonal paper attached (partly obscures line above) --> <head>X 7<del>6</del>7 ff <gap/> 6</head> <p> <note>"In case</note> Any Collector" ... "shall <sic>permitt</sic>" ... any Cert.... <lb/> <note> False Grammar </note> ...to pass .... and <hi rend='underline'>being</hi> thereof convicted ...such <lb/> Collector ... so offending, shall be <del><gap/></del> ... discharged </p> <p> In case ... any Collector ... shall <sic>permitt</sic> ... <lb/> any Cart ... to pass ......and <hi rend='underline'>shall be</hi> thereof <lb/> convicted ... such Collector ..... so offending, <lb/> shall be discharged ..... this is Syntax <lb/> <hi rend='underline'>Any Collector ... permitting .... any Cart ...</hi> <lb/> <hi rend='underline'>to pass ..... and <hi rend='underline'>being</hi> thereof convicted ....</hi><lb/> <hi rend='underline'>such Collector ... so offending, shall be ... discharged.</hi> <lb/> <hi rend='underline'>this is also Syntax</hi>. I wish I could say <lb/> as much of the 1<hi rend='superscript'>st</hi> of these 3 Sentences.</p> <p> <head>78 ff 6</head> So offending <!-- symbol --> <lb/> <note> <add>2<hi rend='superscript'>ndly</hi></add> <gap/> <gap/> a poor man about his offending after he is supposed to be convicted? A. This is to introduce a figure of speech, called in Greek <foreign>Hysteria Proteron </foreign> ; & in English the Cart before the Horse, or the Horse after the Cart. The figure, one sees, is peculiarly analgous to the subject </note></p> <pb/> <!-- Start of right hand column. Printed text --> <p> <head>SECT. <del> X<gap/></del> XLIV.</head> <note> Upon the Death of any Collector, 2 Trustees may appoint a temporary One, </note> Provided always, and be it further enacted, That it <lb/> shall and may be lawful for any Two or more Trustees <lb/> or Commissioners of any Turnpike Road, upon the <lb/>Death of any Toll-gatherer or Gate-keeper, appointed <lb/>or to be appointed, to collect the Tolls upon such Turnpike <lb/>Road, to nominate and appoint some other fit Person <lb/> in his Place, until the next Meeting of the Trustees <lb/> or Commissioners of such Road; which Person, <note> who is to be accountable, till the next meeting of the Commissioners. </note> <lb/> to be nominated and appointed, shall have the like <lb/> Power and Authority, and be accountable in the same <lb/> Manner, in all Respects, as the Person so dying had, <lb/> or | <!-- This page is set out in two columns --><head>TURNPIKE - TOLLGATHERERS</head><lb/><head>SECT. VIII</head><lb/> <p> <head>ART. I.</head> A Tollgatherer appointed instead <del>of</del> one discharged, shall at<lb/>the end of 2 days after notice given thereof to the other <add> or left at his House </add> have<lb/> possession of the Toll-house with the appurtenances, to be given<lb/> him (if opposed) by a Constable with necessary assistance upon<lb/> Warrant from a Justice: & the persons & goods therein being<lb/> shall be removed. </p><lb/> <p> <del><head>OBSERVATIONS.</head></del> <head>ART. II</head> A Temporary Tollgatherer shall <del> <gap/> the <gap/> <gap/> & be </del> <lb/> <del><gap/> to the same duties <gap/><gap/> appointed in the <gap/> <gap/> </del> <lb/> possession of the Toll-house with the appurtenances shall be given him, <lb/> (if opposed) at the end of 4 days after his appointment, in manner as<lb/>by the preceeding Article. </p> <p> <head>Observations</head>Upon examining this Section in the original, we<lb/>shall find it defective in the following particulars,<lb/>sometimes by saying too little, & sometimes by saying<lb/>too much. </p> <p> 1<hi rend='superscript'>st</hi> Neither "<hi rend='underline'>power</hi>" nor "<hi rend='underline'>authority</hi>" nor "<hi rend='underline'>accountable</hi>" <lb/>import the <hi rend='underline'>obligation</hi> to inform; which "<hi rend='underline'>duties</hi>" <lb/> manifestly does in Art...of the 1<hi rend='superscript'>st</hi> Section. <lb/> 2<hi rend='superscript'>dly</hi> Neither "the Wife" nor "Family" of the dead Tollgatherer, <lb/> but a stranger may get in and "refuse <lb/> to deliver up possession": & then where are the words <lb/> of this Section that shall turn him out? <lb/>3<hi rend='superscript'>dly</hi> Along with "<hi rend='underline'>their</hi>" goods, there may be goods in <lb/> the house belonging to a stranger: and then what <lb/> are the words in this section that shall reserves them?<lb/> 4<hi rend='superscript'>thly</hi> According to the <hi rend='underline'>expression</hi> (though certainly <lb/> not according to the design) a Tollgatherer discharged <lb/> or the Wife and family of one dead are <lb/> <hi rend='underline'>liable</hi> to be turned out at a minute's warning: <lb/> for the house is to be evacuated not at the <hi rend='underline'>expiration</hi> <lb/> of the time prescribed, but <hi rend='underline'>within</hi> it: and the <lb/> <gap/> of that is for any thing that <gap/> to the contrary </p> <pb/><!-- additonal paper attached (partly obscures line above) --> <head>X 7<del>6</del>7 ff <gap/> 6</head> <p> <note>"In case</note> Any Collector" ... "shall <sic>permitt</sic>" ... any Cert.... <lb/> <note> False Grammar </note> ...to pass .... and <hi rend='underline'>being</hi> thereof convicted ...such <lb/> Collector ... so offending, shall be <del><gap/></del> ... discharged </p> <p> In case ... any Collector ... shall <sic>permitt</sic> ... <lb/> any Cart ... to pass ......and <hi rend='underline'>shall be</hi> thereof <lb/> convicted ... such Collector ..... so offending, <lb/> shall be discharged ..... this is Syntax <lb/> <hi rend='underline'>Any Collector ... permitting .... any Cart ...</hi> <lb/> <hi rend='underline'>to pass ..... and <hi rend='underline'>being</hi> thereof convicted ....</hi><lb/> <hi rend='underline'>such Collector ... so offending, shall be ... discharged.</hi> <lb/> <hi rend='underline'>this is also Syntax</hi>. I wish I could say <lb/> as much of the 1<hi rend='superscript'>st</hi> of these 3 Sentences.</p> <p> <head>78 ff 6</head> So offending <!-- symbol --> <lb/> <note> <add>2<hi rend='superscript'>ndly</hi></add> <gap/> <gap/> a poor man about his offending after he is supposed to be convicted? A. This is to introduce a figure of speech, called in Greek <foreign>Hysteria Proteron </foreign> ; & in English the Cart before the Horse, or the Horse after the Cart. The figure, one sees, is peculiarly analgous to the subject </note></p> <pb/> <!-- Start of right hand column. Printed text --> <p> <head>SECT. <del> X<gap/></del> XLIV.</head> <note> Upon the Death of any Collector, 2 Trustees may appoint a temporary One, </note> <lb/>Provided always, and be it further enacted, That it <lb/> shall and may be lawful for any Two or more Trustees <lb/> or Commissioners of any Turnpike Road, upon the <lb/>Death of any Toll-gatherer or Gate-keeper, appointed <lb/>or to be appointed, to collect the Tolls upon such Turnpike <lb/>Road, to nominate and appoint some other fit Person <lb/> in his Place, until the next Meeting of the Trustees <lb/> or Commissioners of such Road; which Person, <note> who is to be accountable, till the next meeting of the Commissioners. </note> <lb/> to be nominated and appointed, shall have the like <lb/> Power and Authority, and be accountable in the same <lb/> Manner, in all Respects, as the Person so dying had, <lb/> or would have been, if living: And that if any Toll-gatherer <note> Collector discharged, refusing to deliver up Possession of the House & c. </note><lb/> or Gate-keeper, who shall be discharged from <lb/> his Office by the Trustees or Commissioners authorized <lb/>for that Purpose, shall refuse to deliver up the Possession <lb/> of the House, Buildings, and Appurtenances, which he <lb/> enjoyed in Right of his Appointment to that Office, <lb/> within Two Days after Notice of his Discharge shall <lb/> be given to him, or left at his House; or if the Wife <note> or the Wife or Family of such as shall die, </note><lb/> or family of any such Toll-gatherer or Gate-keeper who <lb/> shall die as aforesaid, shall refuse to deliver up the Possession <lb/> of such House, Buildings, and Appurtenances, <lb/> within Four Days after such new Appointment shall be <lb/> made as aforesaid; then, and in either of the said Cases, <note> Constable, by Warrant of a Justice, may enter the Premises, & c. </note><lb/>it shall and may be lawful for any Justice of the Peace <lb/> for the County, Division, or Place, where such Turnpike-house <lb/> shall be, by Warrant under his Hand and <lb/> Seal, to order the Constable or other Peace Officer, <lb/> with such Assistance as shall be necessary, to enter such <lb/> House and Premises in the Day-time, and to remove <note> and put the new appointed Officer in Possession. </note></lb> the persons who shall be found therein, together with <lb/> their Goods, out of such House, and to put the new <lb/> appointed Officer into the Possession thereof. </p><pb/> <p> <note> Collectors neglecting their Duty are liable to be discharged, </note> <lb/> And in case any Collector <lb/> or Receiver of the Tolls or Duties at any Gate or Turnpike <lb/> where, or near to which, any Crane, Machine, <lb/> or Engine, for weighing of Carriages shall be built and <lb/> erected, shall permit or suffer any Cart, Waggon, or <lb/> Carriage, as aforesaid, beig laden, to pass or repass <lb/> through any such Gate or Turnpike without weighing the <lb/> same, and being thereof convicted in Manner aforesaid; <lb/> such Collector o Receiver, to offending, shall be immediately <lb/> discharged, and rendered incapable of holding <lb/> <note> or forfeit 5/- </note> any Office under the said Trustees, or shall forfeit the <lb/> Sum of Five Pounds, at the Option of such Trustees. </p><!-- end of printed text --><pb/> <p> The Laws into execution, this, in the original, is the <sic>firsts</sic> the <lb/> next is that which forms the 15<hi rend='superscript'>th</hi> Section, the last that part <lb/> of the 47<hi rend='superscript'>th</hi> which together with the 25<hi rend='superscript'>th</hi> we have <sic>consider'd</sic> <del> along </del> <add>in</add> <lb/> that Section of the <sic>Draught</sic> which concerns Turnpike Officers <lb/> in general. </p> <p> Itis observable that the offence which Turnpikemen are here <lb/> charged with prosecuting is that which is created by the 1<hi rend='superscript'>st</hi> <lb/> Section [of the original] (between which and that we are speaking <lb/> of than are Sections containing matter totally <sic>irrelative:</sic>) <lb/> not <del>that</del> <add> either of those </add> which are created by this: the only plea that could <lb/> havebeen urged for the jumbling in one and the same <lb/> Section diffeent objects, different offences, different punishments <lb/> and different jurisdictions. What sort of a <lb/> task a Turnpike-man must have, who is to lay the whole <lb/> together & get a notion of his duty from it, we may <lb/> now perceive. </p> <p> And note it may be proper to mention, what probably </p><!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
TURNPIKE - TOLLGATHERERS
SECT. VIII
ART. I. A Tollgatherer appointed instead of one discharged, shall at
the end of 2 days after notice given thereof to the other or left at his House have
possession of the Toll-house with the appurtenances, to be given
him (if opposed) by a Constable with necessary assistance upon
Warrant from a Justice: & the persons & goods therein being
shall be removed.
OBSERVATIONS. ART. II A Temporary Tollgatherer shall the & be
to the same duties appointed in the
possession of the Toll-house with the appurtenances shall be given him,
(if opposed) at the end of 4 days after his appointment, in manner as
by the preceeding Article.
ObservationsUpon examining this Section in the original, we
shall find it defective in the following particulars,
sometimes by saying too little, & sometimes by saying
too much.
1st Neither "power" nor "authority" nor "accountable"
import the obligation to inform; which "duties"
manifestly does in Art...of the 1st Section.
2dly Neither "the Wife" nor "Family" of the dead Tollgatherer,
but a stranger may get in and "refuse
to deliver up possession": & then where are the words
of this Section that shall turn him out?
3dly Along with "their" goods, there may be goods in
the house belonging to a stranger: and then what
are the words in this section that shall reserves them?
4thly According to the expression (though certainly
not according to the design) a Tollgatherer discharged
or the Wife and family of one dead are
liable to be turned out at a minute's warning:
for the house is to be evacuated not at the expiration
of the time prescribed, but within it: and the
of that is for any thing that to the contrary
---page break---
X 767 ff 6
"In case Any Collector" ... "shall permitt" ... any Cert....
False Grammar ...to pass .... and being thereof convicted ...such
Collector ... so offending, shall be ... discharged
In case ... any Collector ... shall permitt ...
any Cart ... to pass ......and shall be thereof
convicted ... such Collector ..... so offending,
shall be discharged ..... this is Syntax
Any Collector ... permitting .... any Cart ...
to pass ..... and <hi rend='underline'>being thereof convicted ....</hi>
such Collector ... so offending, shall be ... discharged.
this is also Syntax. I wish I could say
as much of the 1st of these 3 Sentences.
78 ff 6 So offending
2ndly a poor man about his offending after he is supposed to be convicted? A. This is to introduce a figure of speech, called in Greek Hysteria Proteron ; & in English the Cart before the Horse, or the Horse after the Cart. The figure, one sees, is peculiarly analgous to the subject
---page break---
SECT. X XLIV. Upon the Death of any Collector, 2 Trustees may appoint a temporary One,
Provided always, and be it further enacted, That it
shall and may be lawful for any Two or more Trustees
or Commissioners of any Turnpike Road, upon the
Death of any Toll-gatherer or Gate-keeper, appointed
or to be appointed, to collect the Tolls upon such Turnpike
Road, to nominate and appoint some other fit Person
in his Place, until the next Meeting of the Trustees
or Commissioners of such Road; which Person, who is to be accountable, till the next meeting of the Commissioners.
to be nominated and appointed, shall have the like
Power and Authority, and be accountable in the same
Manner, in all Respects, as the Person so dying had,
or would have been, if living: And that if any Toll-gatherer Collector discharged, refusing to deliver up Possession of the House & c.
or Gate-keeper, who shall be discharged from
his Office by the Trustees or Commissioners authorized
for that Purpose, shall refuse to deliver up the Possession
of the House, Buildings, and Appurtenances, which he
enjoyed in Right of his Appointment to that Office,
within Two Days after Notice of his Discharge shall
be given to him, or left at his House; or if the Wife or the Wife or Family of such as shall die,
or family of any such Toll-gatherer or Gate-keeper who
shall die as aforesaid, shall refuse to deliver up the Possession
of such House, Buildings, and Appurtenances,
within Four Days after such new Appointment shall be
made as aforesaid; then, and in either of the said Cases, Constable, by Warrant of a Justice, may enter the Premises, & c.
it shall and may be lawful for any Justice of the Peace
for the County, Division, or Place, where such Turnpike-house
shall be, by Warrant under his Hand and
Seal, to order the Constable or other Peace Officer,
with such Assistance as shall be necessary, to enter such
House and Premises in the Day-time, and to remove and put the new appointed Officer in Possession. </lb> the persons who shall be found therein, together with
their Goods, out of such House, and to put the new
appointed Officer into the Possession thereof.
---page break---
Collectors neglecting their Duty are liable to be discharged,
And in case any Collector
or Receiver of the Tolls or Duties at any Gate or Turnpike
where, or near to which, any Crane, Machine,
or Engine, for weighing of Carriages shall be built and
erected, shall permit or suffer any Cart, Waggon, or
Carriage, as aforesaid, beig laden, to pass or repass
through any such Gate or Turnpike without weighing the
same, and being thereof convicted in Manner aforesaid;
such Collector o Receiver, to offending, shall be immediately
discharged, and rendered incapable of holding
or forfeit 5/- any Office under the said Trustees, or shall forfeit the
Sum of Five Pounds, at the Option of such Trustees.
---page break---
The Laws into execution, this, in the original, is the firsts the
next is that which forms the 15th Section, the last that part
of the 47th which together with the 25th we have consider'd along in
that Section of the Draught which concerns Turnpike Officers
in general.
Itis observable that the offence which Turnpikemen are here
charged with prosecuting is that which is created by the 1st
Section [of the original] (between which and that we are speaking
of than are Sections containing matter totally irrelative:)
not that either of those which are created by this: the only plea that could
havebeen urged for the jumbling in one and the same
Section diffeent objects, different offences, different punishments
and different jurisdictions. What sort of a
task a Turnpike-man must have, who is to lay the whole
together & get a notion of his duty from it, we may
now perceive.
And note it may be proper to mention, what probably
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