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Turnpike
Sect. VIII
Art. 1
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 have the same powers & be
possession of the Toll-house with the appurtenances shall be given him,
(if opposed) at the end of 6 days after his appointment, in manner as
by the preceding Article.
Observations
Upon 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
2ly 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
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are the words in this Section that shall remove 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 then
expulsion is to take place in case of, that is for any thing that appears to the contrary immediately at upon
refusal.
5thly A Tollgatherer discharged is to have notice to quit; is there not the same reason why the Wife
and family of one dead should have it too? The
Death itself its notice that they have not long to
stay, it is true: but it is no notice how long they have; &
this surely they ought to have.
Art. III.
A Tollgatherer suffering a carriage liable to be weighed
to pass unweighed, shall at the option of the Trustees
forfeit £5, or be discharged from his office, and
render'dincapable of holding that or any other under
the same Trustees.
Observations
The former part of this Section of the original, as it
relates primarily to Carriers will be found in the Section of the
New Draught denominated from that class.
Of in these clauses of the original
Of those clauses that oblige Road-Officers to put
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[[info_in_main_headings_field::sect. viii turnpike-tollgathers[sic]]] |
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jeremy bentham |
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