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TURNPIKE - TOLLGATHERERS
SECT. VIII
ART. I. A Tollgatherer appointed instead of one discharged, shall at
the end of 2 days after notice given thereof to the other or left at his House have
possession of the Toll-house with the appurtenances, to be given
him (if opposed) by a Constable with necessary assistance upon
Warrant from a Justice: & the persons & goods therein being
shall be removed.
OBSERVATIONS. ART. II A Temporary Tollgatherer shall the & be
to the same duties appointed in the
possession of the Toll-house with the appurtenances shall be given him,
(if opposed) at the end of 4 days after his appointment, in manner as
by the preceeding Article.
ObservationsUpon examining this Section in the original, we
shall find it defective in the following particulars,
sometimes by saying too little, & sometimes by saying
too much.
1st Neither "power" nor "authority" nor "accountable"
import the obligation to inform; which "duties"
manifestly does in Art...of the 1st Section.
2dly Neither "the Wife" nor "Family" of the dead Tollgatherer,
but a stranger may get in and "refuse
to deliver up possession": & then where are the words
of this Section that shall turn him out?
3dly Along with "their" goods, there may be goods in
the house belonging to a stranger: and then what
are the words in this section that shall reserves them?
4thly According to the expression (though certainly
not according to the design) a Tollgatherer discharged
or the Wife and family of one dead are
liable to be turned out at a minute's warning:
for the house is to be evacuated not at the expiration
of the time prescribed, but within it: and the
of that is for any thing that to the contrary
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X 767 ff 6
"In case Any Collector" ... "shall permitt" ... any Cert....
False Grammar ...to pass .... and being thereof convicted ...such
Collector ... so offending, shall be ... discharged
In case ... any Collector ... shall permitt ...
any Cart ... to pass ......and shall be thereof
convicted ... such Collector ..... so offending,
shall be discharged ..... this is Syntax
Any Collector ... permitting .... any Cart ...
to pass ..... and <hi rend='underline'>being thereof convicted ....</hi>
such Collector ... so offending, shall be ... discharged.
this is also Syntax. I wish I could say
as much of the 1st of these 3 Sentences.
78 ff 6 So offending
2ndly a poor man about his offending after he is supposed to be convicted? A. This is to introduce a figure of speech, called in Greek Hysteria Proteron ; & in English the Cart before the Horse, or the Horse after the Cart. The figure, one sees, is peculiarly analgous to the subject
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SECT. X XLIV. Upon the Death of any Collector, 2 Trustees may appoint a temporary One, Provided always, and be it further enacted, That it
shall and may be lawful for any Two or more Trustees
or Commissioners of any Turnpike Road, upon the
Death of any Toll-gatherer or Gate-keeper, appointed
or to be appointed, to collect the Tolls upon such Turnpike
Road, to nominate and appoint some other fit Person
in his Place, until the next Meeting of the Trustees
or Commissioners of such Road; which Person, who is to be accountable, till the next meeting of the Commissioners.
to be nominated and appointed, shall have the like
Power and Authority, and be accountable in the same
Manner, in all Respects, as the Person so dying had,
or wold have been, if living: And that if any Toll-gatherer Collector duischarged, refusing to deliver up Possession of the House & c.
or Gate-keeper, who shall be discharged from
his Office by the Trustees or Commissioners authorized
for that Purpose, shall refuse to deliver up the Possession
of the House, Buildings, and Appurtenances, which he
enjoyed in Right of his Appointment to that Office,
within Two Days after Notice of his Dischare shall
be given to him, or left at his House; or if the Wife or the Wife or Family of such as shall die,
or family of any such Toll-gatherer or Gate-keeper who
shall die as aforesaid, shall refuse to dleiver up the Possession
of such ouse, Buildings, and Appurtenances,
within Four Days after such new Appointment shall be
made as aforesaid; then, ands in either of the said Cases, Constable, bywarrant of a Justice, may enter the Premises, & c.
it shall and may be lawful for any Justice of the Peace
for the County, Division, or Place, where such Turnpike-house
shall be, by Warrant under his Hand and
Seal, to order theConstable or other Peace Officer,
with such Assistace as shall be necessary, to enter such
House and Premises in the Dat-time, and to remove and put the new appointed Officer in Possession. </lb> the persons who shall be found therein, together with
their Goods, out of such House, and to put the new
appointed Officer into the Possession thereof.
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