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TURNPIKE-OFFICERS.
SECT. V.
ART. IIIA Turnpike Officer, within whose view or knowledge
a carriage shall have been drawn upon the Road by more Beasts
than are allowed, willfully omitting neglecting for the space
of a week after the offence to make seizure, or to
prosecute each seizure before a Justice, shall forfeit £10.
OBSERVATIONSThe former part of this Section of the original, bearing
no relation in respect of person or of anything
else to this that follows it, can have no place
here: it be said will be found in the Section concerning Constables.
[Persons ...as do or shall receive Salaries ... who
shall nelect ...& O.] The construction here, it must be confessed
is rather of the mysterious order: add to this that
"as" without "such" before it, is not English for "who" on
this ride the Kitchen-Door. It may be thought, the
word "such" was omitted by mistake: this indeed will
remove the vulgarism; but will not serve entirely to
clear the Grammar. The antecedent "such" being
already provided with it's relative "as" put for "who"
will not properly admitt properly of another upon the back of it.
It will be curious enough to make the comparison
of one of these two Sections: which tho' separated by an
interval of half the Act, are in truth so intimately
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66 ff 15. [If any Tollgatherer ... he shall forfeit]
Women are often stationed to take
One often sees nobody at a Turnpike to take the Tolls but a
Sex v. LX, 71 Woman: either therefore this clause is imperfect,
or the sepcification of the female gender
in so many others clausesis superfluous. v. ix
71
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of 310. By
to prosecute for the offence of drawing, with too many
Horses. By the 15th the last And now not only Horses, but "Oxen", & also
of the is moreover & Per ides "Neat Cattle" come into though
what follows to those who as to taking notice of Mules or any other Beasts
after to Sect. or.
[Sect... Act... New] with Beasts in fairs, where they should indeed <add>would it be if he were not, since as we </add>
in fairs & shall find by & by, it is none but Horses & Oxen that
in fairs &
are <add> taken notice of in in the original provisions.
By the same section the lastmentioned persons are
also in virtue of the word "constructed" & what follows
it, to prosecute such as offend by using their wheels
at forbidden distances + ff 7. Or. ff Art... New. or by drawing with Beasts
in a line when they should be in pairs & vice versa. || ff 8 & 13. Or. ff... Art.... New
of this to there is not a Syllable in the 15th
In neither of them is there a Syllable about to enforce
the prosecuting for the several offences, of using carriages without
the justification enjoined ff 18.or. ff .. Art ... New of fraudulently evading Toll, # ff 14.or. ff Art... New of using
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47 ..... every Surveyor or any Turnpike Road, and every Tollgatherer,
and all Persons employed or to be employed,
by Commissioners or Trustees, appointed or to be appointed
for the repairing Roads, as do or shall receive
neglecting to seize supernumary Horses drawing in Waggons, Salaries or Rewards, who shall willfully neglect, for the
Space of One Week after the Offence committed, to
seize any Supernumerary Horse or Horses drawing within
their View or Knowledge in any Waggon, Wain,
or Cart, contrary to the true Intent and Meaning of
or to give due Information of the Offence, this Act; or shall wilfully neglect for the same Time to
lay such Information, upon Oath, before One or more
of His Majesty's Justices of the Peace, for the County
Riding, Division, or Place, wherein such Offence was
committed, or before the Commissioners or Trustees at
their respective Meetings, as by this Act is directed;
forfeit 10/-shall, upon due Information made, upon Oath, before
One or more of His Majesty's Justices of the Peace for the
said County, Riding, Divison, or Place, forfeit, for every
such Neglect, the Sum of Ten Pounds.
15 Collector, & c. being privy to any of the within Offences, and not duly prosecuting for the Penalty,
And be it futher enacted by the Authority aforesaid, That if any Tol-gaherer or Gate-Keeper sall permit or siffer an Waggon, Wain,Cart or other Carriage, to be drawn or pass upon any Turnpike Road within the View, or with the Knowledge, of such Gate-keeper or Toll-gatherer, or to pass through any Toll-gate or Bar, with any greater Number of Horses, Dren, or Neat Cattle, or with any Carriage constructed or drawn in any otehr Manner than is before directed, and shall not, within the Space of One Week, proceeed for the recivery of forfeits 40s. the Forfeiture or Penalty hereby inflicted for every such Offence, in the Manner directed or authorized by this Act; he shall forfeit and pay, for every such Neglect, the Sum of Forty Shillings
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