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<p>Mischief. — View should be extended.</p> | <p>Mischief. — View should be extended.</p> | ||
Where <del><unclear>the</unclear> <gap/></del> conviction is by <add>upon</add> view of the Justice<lb/> | <p>Where <del><unclear>the</unclear> <gap/></del> conviction is by <add>upon</add> view of the Justice<lb/> | ||
himself, <add>Informer & the Magistrate are then one:</add> the Justice is then in effect the Informer;<lb/> | himself, <add>Informer & the Magistrate are then one:</add> the Justice is then in effect the Informer;<lb/> | ||
either then, the Informer's share <add><gap/> not</add> <unclear>is undisposed</unclear> of, <add>is not leviable</add> or<lb/> | either then, the Informer's share <add><gap/> not</add> <unclear>is undisposed</unclear> of, <add>is not leviable</add> or<lb/> | ||
| Line 23: | Line 23: | ||
<add>in a former instance of</add> <del>this very</del> case of non-application all the learning in<lb/> | <add>in a former instance of</add> <del>this very</del> case of non-application all the learning in<lb/> | ||
<del>of</del> the nation <add>of the <unclear>profession</unclear></add> was not deemed sufficient <add>for the solution of it</add> without an<lb/> | <del>of</del> the nation <add>of the <unclear>profession</unclear></add> was not deemed sufficient <add>for the solution of it</add> without an<lb/> | ||
Act of Parliament. <hi rend='superscript'>+</hi> <note>I cannot at present recover it, but one instance I know there is of an Act of Parliament passed for this single purpose.</note> | Act of Parliament. <hi rend='superscript'>+</hi> <note>I cannot at present recover it, but one instance I know there is of an Act of Parliament passed for this single purpose.</note></p> | ||
<head>138 ss 23. New</head> | |||
<p><!-- This paragraph is crossed out heavily --><add>"laden" &c</add> <del>Nor to any whole</del> "<gap/> with any <unclear>single Enquire</unclear> or Thing<lb/> | |||
of any sort." [as a <gap/>, a Boat <gap/> Barrel]</p> | |||
<head>139 ss 51</head> | |||
<p><note>Backing Warranted live</note> The provision [for <hi rend='underline'>backing</hi>] them thus <del><unclear>under</unclear></del> <add>confined</add> to the case<lb/> | |||
the Offender's <hi rend='underline'>living</hi> out of the Jurisdiction of the<lb/> | |||
Justice who convicted him, extends not to the case<lb/> | |||
of a temporary [residence <add>absence</add> [out of it, whether it be by chance,</p> | |||
<pb/> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
Turnpike Act. Observations on—
own view is not one.
137. ss 31, 51 A System somewhat less imperfect VIEW
Mischief. — View should be extended.
Where the conviction is by upon view of the Justice
himself, Informer & the Magistrate are then one: the Justice is then in effect the Informer;
either then, the Informer's share not is undisposed of, is not leviable or
as such he may be thought entitled to a half of being leviable it was to have
the Justice is entitled to it in quality of the Informer,
the Forfieture,
or the whole ought to go to be applied to the benefit of the road:
Of all these results the latter is plainly the only
one that would have been intended, if it had been
thought of: but it is not directed. What there is to
be done in this case, I must leave to those the learned
to determine: There was a time who will however have to consider, that
in a former instance of this very case of non-application all the learning in
of the nation of the profession was not deemed sufficient for the solution of it without an
Act of Parliament. + I cannot at present recover it, but one instance I know there is of an Act of Parliament passed for this single purpose.
138 ss 23. New
"laden" &c Nor to any whole " with any single Enquire or Thing
of any sort." [as a , a Boat Barrel]
139 ss 51
Backing Warranted live The provision [for backing] them thus under confined to the case
the Offender's living out of the Jurisdiction of the
Justice who convicted him, extends not to the case
of a temporary [residence absence [out of it, whether it be by chance,
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