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<p><head>ART. I.</head> | <p><head>ART. I.</head> | ||
Whereas mischiefs have arisen from the | Whereas mischiefs have arisen from the intermeddling | ||
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of mean persons in Turnpike Trusts; | of mean persons in Turnpike Trusts; | ||
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he hath taken and subscribed an Oath <del>of Qualification</del> | he hath taken and subscribed an Oath <del>of Qualification</del> | ||
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after one of the forms ensuing; beginning with "I" (mentioning his name) "do | after one of the forms ensuing; beginning<lb/> | ||
with "I" (mentioning his name) "do | |||
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sincerely swear that" and ending with "So help | sincerely swear that" and ending with "So help | ||
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1. I am in the enjoyment of a real estate | 1. I am in the enjoyment of a real estate | ||
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of the clear yearly value of £40 <gap/> | of the clear yearly value of £40 OR<gap/> | ||
<lb/></p> | <lb/></p> | ||
<p>2. I am Heir apparent (as I believe) to C. | <p>2. I am Heir apparent (as I believe) to C. | ||
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in the enjoyment of a real estate [settled or | in the enjoyment of a real estate [settled or | ||
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descendible on me, of the clear <del>value</del> yearly | <sic>descendible</sic> on me, of the clear <del>value</del> yearly | ||
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of £80 | of £80 OR</p> | ||
<p> | <p> | ||
I am in the enjoyment of personal, [or real | I am in the enjoyment of personal, [or real | ||
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and personal] estate ][together] of the clear value | and personal] estate ][together] of the clear value | ||
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of £800 | of £800 OR</p> | ||
<p> | <p> | ||
[I am Heir apparent (as I believe) to C. D, | [I am Heir apparent (as I believe) to C. D, | ||
< | <pb/> | ||
(mentioning the name) who is (as I believe) in | (mentioning the name) who is (as I believe) in | ||
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the enjoyment of real estate, settled or descendible | the enjoyment of real estate, settled or <sic>descendible</sic> | ||
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on me, of the clear yearly value of £40; | on me, of the clear yearly value of £40; | ||
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and also am myself in the enjoyment of personal, or real and personal, estate together of | and also am myself in the enjoyment of personal,<lb/> | ||
or real and personal, estate together of | |||
<lb/> | <lb/> | ||
the clear value of £400.]</p> | the clear value of £400.]</p> | ||
<!-- horizontal line --> | <!-- horizontal line --> | ||
<head>ART. II.</head> | <head>ART. II.</head> | ||
By real estate is meant rents or other profits | <p>By real estate is meant rents or other profits | ||
<lb/> | <lb/> | ||
issuing out of Lands Tuthes Offices or Franchises : | issuing out of Lands Tuthes Offices or Franchises : | ||
ART. I.
Whereas mischiefs have arisen from the intermeddling
of mean persons in Turnpike Trusts;
No person, on pain of £50 to the infomer, shall
act as Trustee under any Turnpike Act whereby no qualification is required until
he hath taken and subscribed an Oath of Qualification
after one of the forms ensuing; beginning
with "I" (mentioning his name) "do
sincerely swear that" and ending with "So help
me God."
1. I am in the enjoyment of a real estate
of the clear yearly value of £40 OR
2. I am Heir apparent (as I believe) to C.
D. (mentioning the name) who is (as I believe)
in the enjoyment of a real estate [settled or
descendible on me, of the clear value yearly
of £80 OR
I am in the enjoyment of personal, [or real
and personal] estate ][together] of the clear value
of £800 OR
[I am Heir apparent (as I believe) to C. D,
---page break---
(mentioning the name) who is (as I believe) in
the enjoyment of real estate, settled or descendible
on me, of the clear yearly value of £40;
and also am myself in the enjoyment of personal,
or real and personal, estate together of
the clear value of £400.]
ART. II.
By real estate is meant rents or other profits
issuing out of Lands Tuthes Offices or Franchises :
by personal, any other kind of property
besides.
ART. III
For taking any such Oath without being qualified
in the manner therein described, the
penalty shall be the same.
ART. IV
The Proof of the taking the Oath, or of posessing
the Qualification, as the case is, shall
lie upon a Defendant : the Informer proving
only the Defendant's having acted as a Trustee.
Observations.
This section, in order to justify the several
additions retrenchments and alterations that
---page break---
Observations continued.
are here made in it, together with others that will be propos'd,
will necessarily draw on a number of observations; many
others that naturally presented themselves have been suppressed,
since it is necessary this essay should have it's limits.
To take it, in the 1st place in a general view deleted text deleted text,
Upon taking a general view we may observe in the first place
that the Qualification besides being described in the
Oath, is described before in the enacting part; which is tautology :
and it is described differently; which is confusion.
In the Oath the word "Enjoyment" is added to the worde "Possession or " (add what follows through of the enacting
part : it should seem that it might be substituted instead
of them; and this is what has accordingly been done in
the New Draught. I would not answer for it's being absolutely
free from doubts : but if it is not, it is no more than
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