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Sect. IX. Turnpike Officers. Art. III
Observations.
Sect. V In the 47th nothing he has taken the pains to provide,
forgetting the provision he was to in the behalf
in the 58 that the providing both <add>for the original penalty, &</add> the penalty for the negligence shall
be receiv'd by Information: upon both in the 15th nothing is said
about the Information, nor about the Oath.
In the 49th 15th the offender is to for not only to "forfeit,"
but actually — to "pay" besides: in the 47th, he is
only to "forfeit"; the payment being, one may suppose,
excused: as indeed, when it comes to be 5 times as much
as is thought sufficient, it is right enough it should
be.
In the 15th, the Tollgatherer seems to have the option
given him whether he will stop the offender, or proceed
against him for the penalty: in the 47th all option is out of
the question.
From the discourse about laying an information
before Trustees, & "as by this Act IS" [already] "directed," a
plain man would be apt to suppose, that somewhere or
other there was power given it had directed them to receive it: if he
did he would be very much mistaken.+ + +v. §... Art. ..... New. he would be apt No power is any where given
to them to judge of this offense. Disappointed in this, he would think, at least, that before Justices of the Peace, something
was sent "Direction" was given somewhere about "laying an information."
he would be a second time disappointed — In the
8th Section which creates the offence, the supernumerary
Cattle are declared to be forfeited to any that will
"seize or sue", the 49th talks from in case of
seizure, of creating proof upon Oath before a
Justice: the 51st speaks of levying monies by Distress
& Sale — no such word as "information" occurs to be found
in any.
Does this "laying of an information" b mean
the of a by "making proof
upon oath of the fir offence" according to the
next Section (§48) or does it mean to give the
option of informing laying information in the 1st instance without
making a seizure? the 1st of these meanings is that in
which I understand it.
And what are these people to do about the
20s that is forfeited besides the Cattle?
When a composer takes sends those to whom he is adressing
himself, to look after "the true intent & meaning" of what
he has been saying for this half hour; it looks as if he
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began to suspect he had not made it out altogether clear
to himself: if this is the case with Legislators, it seems
rather hard to shift off the task upon a Turnpikeman
or Constable as we shall see or a Day labourer.
"Day-labourers then"? are they included? that is more
than I would venture to decide. within the words they are, unless their pay is not a "reward", or unless, because
it is more likely to be the Surveyor that engages
them, they can not be said ever to be "employ'd" by the
Trustees.
If a man of this class is actually, under a penalty of
£10 bound to such a duty, his case is somewhat to
be pitied. Not that there is e'er a Bookseller of tolerable civility in his
Parish, who can refuse to present him gratis complement him with
a handsom fair copy of the said Act neatly bound &
letter'd: but to find out this same true intent & meaning
of the Act (when he has got it) (the whole Act!) is once more a serious not the
bag easiest of all matters. In here He who writes this
has been trying at it for some months, & cannot
flatter himself with having succeeded quite at this Hour
he has taken (I don't know whether he may ride get upon its back or no)
ba 5 or 6 miles after a Constable, & then 5 or 6 other miles after Justices
& by Jus all for nothing — be the words what they
will, I will never think it the intentions
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sect. v turnpike officers art. iii |
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