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Turnpike
Sect. VIII
Art. 1
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 have the same powers & be
possession of the Toll-house with the appurtenances shall be given him,
(if opposed) at the end of 6 days after his appointment, in manner as
by the preceding Article.
Observations
Upon 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
2ly 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
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are the words in this Section that shall remove 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 then
expulsion is to take place in case of, that is for any thing that appears to the contrary immediately at upon
refusal.
5thly A Tollgatherer discharged is to have notice to quit; is there not the same reason why the Wife
and family of one dead should have it too? The
Death itself its notice that they have not long to
stay, it is true: but it is no notice how long they have; &
this surely they ought to have.
Art. III.
A Tollgatherer suffering a carriage liable to be weighed
to pass unweighed, shall at the option of the Trustees
forfeit £5, or be discharged from his office, and
render'dincapable of holding that or any other under
the same Trustees.
Observations
The former part of this Section of the original, as it
relates primarily to Carriers will be found in the Section of the
New Draught denominated from that class.
Of in these clauses of the original
Of those clauses that oblige Road-Officers to put
---page break---
Tollgatherers.
Sect. 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.
so 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 would have been, if living: And that if any Collector discharged, refusing to deliver up Possession of the House, &c Toll-gatherer
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 Discharge 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 deliver up the Possession
of such House, Buildings, and Appurtenances,
within Four Days after such new Appointment shall be
made as aforesaid; then, and in either of the said Cases, Constable, by Warrant of a Justice, may enter the Premisses, &c.
it shall and may be lawful for any Justice of the Peace
for the County, Division, or Place, where such Turnpike-house may be, by warrant under his hand and
Seal, to order the Constable or other Peace Officer,
with such Assistance as shall be necessary, to enter such
House and Premisses in the Day-time, and to remove and put the new appointed Officer in Possession.
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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