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SECT. I.
TURNPIKE - TRUSTEES.
ART. I Observations continued.
It may seem extraordinary, that which that number of persons to whom it is thought proper to commit
these powers is usually so great, no estate is admitted as a qualification, but what consists singly of some one of
the several species of Interest mentioned specified by itselfnotionaly; although it is plain, as clear a responsibility may
be constituted out of a mixture of the three as by either requisite: by so that which means a many may
be excluded who shall within a few shillings be possessed of the qualifications that is deemed
necessary. I have By the clauses in brackets I have accordingly made supplied this omission which
I can scarce persuade myself to have been intentionally designed. Under the Militia Acts, mixt qualifications, tho' the mixture mixtures tho' not altogether
isnot carried tho' not all the ingredients so perfect are admitted:If it were not so this had not been the case, a mixture would hardly have been admitted in a trustso much more important a trust as that of a command in the Militia although the number of persons required to fill the offices created by those acts
is seldom scarce a tenth part of that usually requ appointed under these: It is true that in the instance of Militia
officers the siteplace of the estate constitutes of the qualification, where it is a real one, & the residence
of the person limits within which they must have their residence where it is a personal one, is circumscribed by the nature of things by the limits of the county: but the
site of the residence of persons that can be called to a Turnpike Trust, under any expectation of
their attendance to execute fulfill it's duties, is circumscribed by natural limits full as still narrower limits.
With respect to the nature of these qualifications, I cannot but forbear observing observe, that the best precedents that I have seen examined
fall far short of perfection both as to the manner of describing method of description them, and as to the means taken for giving
efficacy enforcing their execution to the provisions which require them.
[Settled or descendible on me ... N.] For with
nothing: since of the terms of it this Act may be fulfilled by one of those momentary estates in the Ancestor which
have been just mentioneding. It is observable that as no other Estate which is otherwise lying in expectancy.
tho' a vested one that is, no remainder nor reversion is here admitted for a qualification: an omission which if intentional could can only have
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sect. i turnpike-trustees |
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observations continued |
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jeremy bentham |
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