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TURNPIKE OFFICERS
SECT. V.
ART.INo person, so long as he keepeth a house of public
entertainment, or selleth strong drink by retail, shall
hold any place of trust or profit, under Trustees of Turnpikes,
or personally gather Turnpike Tolls.
OBSERVATIONSThe slight alteration here made is with a view 1.st to the case of
a Publican lending his money to the Roads. The passage
as it stands in the original must either, in
virtue of the words "taking, holding or enjoying" be
construed by excluding persons of this class from the
common right of Mortgagees to take possession of
their Tolls in default of payment, to take away
their security: or in virtue of the words "under
the Trustees" not to extend to them at all; which
in the case supposed would let in the inconvenience
thise Law intends to guard against.
ART.II. Turnpike Officers, or their Executors or Administrators
shall, upon 10 days written notice received
from any 5 Trustees, deliver up to the next Turnpike
meeting [or to any person specified in such
notice to be appointed by them] all such papers writings relative
to their office as shall be in their custody or
power, or on completion without reasonable excuse, verified
on Oath, shall forfeit £20.
OBSERVATIONSA further provision to this effect seems requisite
"Provided that for their own satisfaction they may
retain duplicates of any such papers as they shall
have deliver'd."
Another, to the effect of the 1st clause in Brackets,
in case of sickness. This would be a much less
Trust than that of taking the accounts of Surveyors
& Tollgatherers which Trustees are impower'd to
committto a Deputy by a following Section.
The necessity of the last clause in Brackets must
be acknowledg'd by every one: it seems safer to express
it than to trust in all cases to its' being
implied.
The penalty being a fixed instead of a running
one, lies open to the objections stated in a similar
case in the Section concerning Mortgages.
Such as it is, the following provision would be of use <add>it would be a means of adding to its' operation,
to aid its' operation (and I see no inconvenience in it) to provide, that After its a first conviction, 2 days
notice shall be sufficient to ground a second.
The delivery being thus to be made within10 days after
notice, let us observe the consequence: It may not perhaps
be convenient to appoint another meeting so soon after the
former; but let it. At this 2nd meeting there comes notice
sufficient number: notice is then given of a 3rd in pursuance
of ff 39 p ... : but this meeting cannot be holden
without "at least 10 days notice": & the business in question
if done at all must be done within 10 days: it follows
that acording to the words, here used it cannot be done at all
Besides this, the Papers may be so disposed of, as that it
may be impracticable to have them forthcoming within
the time. I willcarry this view of the consequences
no farther: this much seems sufficient to justify the alteration. </add>
To remedy in some sort the difficulty of getting
evidence of such a concealment, the following Article
it should seem might be of use.
(The words "upon Oath" being inserted in the preceeding)
The form of such Oath shall be as follows - "I
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sect. v turnpike officers |
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jeremy bentham |
[[watermarks::[gr with crown motif] [lion with vryheyt motif]]] |
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