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This passage it must be owned is sufficiently
perplexing
First on the supposition that a strip is
to be laid upon the word on any Turnpike
Road — one is at a loss to conceive why
the regulation should be confined to such not be general to
Roads as are not inclosed on both sides — all roads
Enclosed or not enclosed, as an encroachment
that is known to be made on the road, demands equally to be
redressed.
If no particular strip as I suppose like the remaining is to be laid on that word,
but the meaning is as it appears to me to be,
to prohibit any fine being made within the
from the middle of a Turnpike of a Turnpike Road on the
Notice not other
side where it is open sideuninclosed
on both sides
where on one only
on that one
side where a
Road is it is uninclosed, that is in that
to be for this purpose the Len width of a Turnpike Road to sixty
feet on each side where it is not fixed already,
as for the purpose of its not being broken up put into
culture it is fixed without any such word as "on" in the next passage to
15 feet, the word "on is improper and productive
of confusion.
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It assumes that is already done which is the
very thing this Section at means to do.
With respect to the certainty of it's boundaries
a Turnpike Road may be in situations
Either, it is new ground bought for the purpose
in which case its boundaries are clear
being ascertained by the Deed of Purchase
or it is an old Highway amended open opening through
sand or uncultivated
Or it is an Old Highway running upon through
Lands cultivated
Now this Old hwy was either inclosed on both
sides, inclosed on one side only or inclosed on
neither.
If inclosed running to what is called a lane on both sides, in this case also it's
boundaries are clear, the a the inclosures are it's
boundaries — To plow it up or to make advance a
Lane upon it would be an offence and mistake.
If only is there be an enclosure on one side only,
then the boundaries are clear on that one side.
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The choice "or shall plough, barrow or break up
the Soil of any Land or Ground," if it is not to be
understood as an absolute prohibition of all husbandry
(of which either the compiler or the printer has
found [out] the art of giving it the appearance;)
that clause I say, refers either to the space distance of the
30 feet going which goes before it, or that of the 15 feet
which follows it; but to which of them I should I protest
be very glad to know I know not.
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Identifier: | JB/095/111/001"JB/" can not be assigned to a declared number type with value 95. |
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111 |
turnp. act observations on xx |
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001 |
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text sheet |
2 |
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recto |
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jeremy bentham |
[[watermarks::gr [crown motif] [lion with vryheyt motif]]] |
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30997 |
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