JB/095/110/002

Click Here To Edit

Turnpike Act. Observations on— XIX

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,

---page break---

or by design - In an Act of the last reign + + 243. G.2. 26 ss 11 ([in the case
of Warrants [for offences of another kind] not triable in a summary
manner] provision was made for the temporary
absence, There was no provision for the constant absence, but only for the temporary but omitted to be made for the constant
absence, in short, after before the word be live there
wants the word 'live' be.

This word 'be' was accordingly added the next
year ++ ++ By 24. G.2. c. 55. together with a few hundred others, (according
to the good old custom) that had better have been
any where else. than there Whether the omission here will
be supplied, & at what expence of Paper, time will
shew. Under For Distress the word live is sufficient but for committment in Execution, the word be becomes necessary.

140. ss

EVIDENCE Informer's To avoid the acknowledgment of Interest which word
came out in the examination, the agreement may between
To a couple of Informers may be, to take it betimes change <add> the parts</add>
of Evidence & Informer by turns, so that he who
is evidence shall have no given nothing directly interest
in by that fact — still it comes substantially
to the same thing They have commonly I suppose, some such .

The expectation of being benefitted in his turn in one suit
is the motive of his testimony in another
Interest therefore, is still the motive of his testimony

---page break---

Identifier: | JB/095/110/002"JB/" can not be assigned to a declared number type with value 95.
Date_1		Marginal Summary Numbering	not numbered
Box	095	Main Headings
Folio number	110	Info in main headings field	turnpike act observations on xix
Image	002	Titles
Category	text sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [lion with vryheyt motif]]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	30996
Box Contents