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13.
TURNPIKE ACT Observations on
PROCEDURE
30.ff 31.49
Repugnance The 31st says that a Justice may convicton his own
view for the offence which it creates: which afterwards a subsequent ff the 49 is
These 2 Sections seem to is must be certified give each other a shrewd rub - which of them then is to come off victor? positive that no body shall be convicted without
either confession or the Oath of Witness: which
of them is to have its' way will ?
31, ff 47 CONSTABLES The 47th The Compiler informs all Constables
that it is too much trouble for him to understand the Act he has drawn what concerns them pick out of it the clauses that concern them , & that they must do it for themselves Toll gatherers & Day Laborers, that they must
absolutely understand every part of this Act <add> (if understanding be necessary to obedience) under
penalty of as amny times ten Pounds as they make
mistakes. I am glad I am neither not a Constable
Lawyer, Toll gatherer nor Day Labourer.
The description of the offence as for the purpose of instructing it is rather obscure, so for the purpose of conviction it msut be confessed to be rather vague. N/note>
That a Constable " neglecting to put it into execution "
is to pay £10 is rather vague provision
Having understood it <add> compassed the understanding it (for that I suppose is first necessary)
he is then to execute it all : the whole for the requisition
is general - What is "to execute it all the whole of "? or
is he only to execute part? & what part? is it so
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IV.
much of it as concerns him that he is to execute? as how
much of it concerns him? it would have been well if an
answer had been provided for <all> thse questions.<note> as "not complying with ordersof Justice " brings it more to a certainty.
Identifier: | JB/095/095/001"JB/" can not be assigned to a declared number type with value 95. |
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procedure turnpike act observations on iv |
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jeremy bentham |
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