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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?
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sect. v turnpike officers art. iii |
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jeremy bentham |
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