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New MORTGAGEES. Orig.
SECT. IIII
ART.I.
Mortgagees in possession of Turnpike Tolls, shall, within 14 days
after writtn notice from any 5 trustees, render to them
or to any person of their appointment mentioned in such
notice, an account in writing of all receipts of disbursements
by themselves or on their behalf (not before accounted for <hi rend='superscript'>a)<</hi>lb/>respecting the Road: or on omission (without reasonable
excuse verified on Oath <hi rend='superscript'>b</hi>) shall forfeit £10 to the benefit of the Road or suffer
imprisonment for not more than 3 months.
Observations
a This clause tho' omittd, as may be seen, in the original
of this Article, is inserted in the instance of Tollgatherers
& Surveyors: if materila, it should have been inserted in both places; if not, in neither.
b This correponds with the new provision proposed by Sect. I
Art . . . Itis however a question laible to some doubt whether
it were better an indultive clause of this nature should
be notified to the party indulged, or not: if it be not,
the honest is left exposed to anxiety; if it be, the dishonest
is oput upon the invention of excuses.
But now supose they have kept no account, & ar therefore
incapable of giving any - What is to be done with
them thn? notice; default... conviction: notice again. default
agin, conviction again. This circle taking each twice somewhat more than a fortnight to accomplish, may be repeated somewhat
less than 26 times in a year: that is, the utmost penlty, if no allowance be made for Sundays, nor for the time that must
be given by the Justice's summons to show cause, (which cannot be issued till after the 14 days are expired) will amount to somewhat
less than £260 a year for everlating. By this they may be great losers; but they may also great gainers: for upon these
terms, for any thing that is here provided to the contrary, the Gate's their own.
Where a penalty (as here is fixed & the mischief & temptation fluent; thereis but one possible point at which the
first can be in 'due proportion to either of the other two.
+ To be recovered &c if no one is mentioned in particular, any one may inform: but as the penalty is appropriated to the benefit of the
Road, nobody will infoirm but some person order'd by the Trustees; & one is as good as another.
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ART. II
Morgagees receiving Turnpike-Tolls after satisfaction
of the Sum lent with Interest & Costs shall forfeit the
double of such surplus received with treble Costs of Suit.
---page break---
Observations
What if a Mortgagee, out of some pique or other, "keeps
possession of the Tollgates" against the Trustees, but receives
nothig? When I began to read of these words, I thought
that this case had been meant to be provided for: nor
did I perceive them to be more tautology till I found
all the punishment a man was to have for it, was
to be the paying of such a number of times what he
had received.
there are two prime sources, say the Moralists,
of iniquitous (or indeed of all other) actions; the concuspicible
appetite, & the irascible: a Law that opposes a bar to only one of them, must consequently be imperfect.
Thsi Law is indeed abundantly imperfect: It supposes that the persons it speaks of may keep possession of the Tolls themselves: & then they are to pay God knows what. This runs glib & makes a shew upon paper: but whence then is to come
the evidence?
It is plain therefore that there must go something more than what we have yet seen, to the effectivelly guarding against
the mal-adminsitration of Mortgagees. The only expedient I can think of for it, is as follows:
"That evidence may not be wanting, Mortgagees of Turnpike Tolls shall not receive them in person, but by Tollgatherers appointed by the
Trustees.
"Such Tollgatherers shall cause to be enter'd and a Book an account of each days receipt separately; on pain of
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