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SECT. II Social Trustees Now. TRUSTEES Orig.
ART IV
Publicans disqualified
No person, while he keeps a house of public entertainment,
or sells strong drink [liquors] other than medieval by retail, shall act as a
Trustee
Observations TRUSTEES 36
The laudable & customary caution // Person or Persons The provident cautious precaution provision <add>foresight </add> which having provided apr declared
that "no" one "person" who should keep a Public
House should act as a Trustee, was not content
without dealingtaking <add>providing least </add> that by two or more "persons"
of that trade of that employment taking advantage of their numbers to into not <add>less than unity </add>
should creep into this office, seems here to be a
little overseen: for with submission to the learned the danger is very little less
of the a person's getting into to be a several Trustees, after
being prevented from getting in to be one seems to be very little less than
it was that , of several persons getting to be one
while each of them was remains included.
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False GrammarBesides that this the Phrase " Persons" shall not be capable of
farming Turnpike Toll during such Time as
while he shall keep a Public House, contains an seems an
example of that sort of Grammatical concord, which had better that it were
to be alter'd better to alter in condescension to the vulgar & illiterate
who are not sufficiently familiarized to the
sublimities of the Legislative stile.
A Doubt also may arise whether under the word "her" v. D15 in VIII f 6 a person
of the female Sex be excluded included and this might be
a subject for many learned arguments: Those on the negative side would insist worth a high hand on the presumption which the one that is liken
as in ff 42,43,45 {which list it is applied to Toll-gatherer] [not in 46]
49, 50 [not 53] [not 55] 56, 57, 60 of to
specifying this but also where it is meant to be included could affords, that it was
set as meant
to be so here: those on the
negative
affirmative
would stand upon the party of reason: which party their
more gallant antagonists upon the ground of the differences of character attending the
difference of sex
gender might dispute
It ought to be observed This doubt
<add> however that the doubt arises</add> arises not from the specification
of Sex being
included omitted here, that the doubt arises but from its being inserted elsewhere.
it would
doubtless be a pleasure to hear these arguments:
but as the pleasure of knowing what one's about is
still greater, it is submitted whether this law
may not be alter'd with to advantage.
who has had the honour of a degree at Oxford. : some meeting by the member to do it
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Observations
An Adjournment made to any Hour of a Day on which
the meeting was not "appointed to be held " must have
attended with an extraordinary consequence effect: it was high time
to guard against it.
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XXXVI
36 Persons disqualified from acting as Trustees, or holding any Office under the Trust,
And it is hereby further enacted, That no Person or
Persons who shall keep any Victualling-house, Ale-house
or other House of Public Entertainment, or
who shall sell any Wine, Cyder, Beer, Ale, Spiritous
or other Strong Liquor, by Retail, shall be capable
of acting as a Trustee or of taking, holding or
enjoying, any Place or Places of Trust or Profit unless
the Trustees of any Act of Parliament made or to
be made, for creating Turnpikes respectively, or of or farming the Tolls.
farming the Tolls thereby granted and made payable,
such Time as he shall keep such Victualling-house,
house, or other House of Public Entertainment, or
sell any Wine, Beer,Cyder, Ale, Spiritous or
other Strong Liquors + by Retail.
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An Apothecary is not very likely to be a candidate for such an office; if he were, the word "drink" intimating something that is
used for Diet, would be the less liable to move doubts than "Strong
liquor" many sorts of which are used in medicine.
XXXIX
39
Where a sufficient Number of Trustees to act, shall not meet on the Day appointed for their First, or an subsequent Meeting,
And be it further enacted, That where a sufficient
Number of the Trustees appointed, or to be appointed,
by any Act or Acts of Parliament made, or to be made,
for making, amending, or repairing, any particular
Turnpike Roads, shall not meet on the Day appointed,
or to be appointed, by any such Act or Acts respectively,
for their First Meeting; or shall not meet on the Day
appointed, or to be appointed, by Adjournment, for
or for want of a proper Adjournment,
their Meeting;
by which Means, or by [some or One of them] the Intent
the Trustees met, or their Clerk of the said Act or Acts may be frustrated; in all or
either of the said Cases, it shall be lawful for so many
of the said Trustees as shall meet, or the major Part of
may appoint another Meeting; giving Publick Notice thereof;
them, or in case no such Trustee shall be present, for
their Clerk or Clerks to cause Notice in Writing + to
be affixed on all Turnpikes that shall be then erected on
the said respective Roads, or, if no Turnpikes shall be
then created, to cause the like Notice to be affixed in the
most conspicuous Place in One of the principal Towns
or Places nearest to which the Roads directed to be repaired
do lie, // at least Ten Days before the intended
Meeting; appointing such Trustees to meet at such
Place where the preceding meeting was appointed to
have been held, or at the Place directed for the First
Meeting of such Trustees, if no such preceding Meeting
shall have been held; and the said Trustees, when
met in pursuance of such Notice, shall and may, and and the Trustees met in consequence thereof,may proceed to carry such Acts into Execution.
they are hereby required, to proceed and carry such Act
or Acts into Execution, in the same and as ample and
full a Manner, to all Intents and Purposes, as they
might or could have done if no such neglect had happened.
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XL
40 No Adjournment to be for a longer Time that 3 months;
Provided nevertheless, and it be further enacted, That Meeting of such Trustees shall at any Time be adjourned
for any longer Time than Three Months from
the Day on which such Adjournment shall be made; and nor proceedings to be had before 10 in the Morning;
that no Business shall be done or proceeded upon by the
Trustees, at any Meeting to be held under this or any
Act or Acts of Parliament, made or to be made, for making
or repairing any Turnpike Roads, before the Hour
of Ten in the Forenoon; and that no Adjournment shall nor Adjournment to be made to a later Hour than 2 in the Afternoon.
be made to any Hour later than Two in the Afternoon
of the Day on which such Meeting shall be appointed to
be held; and that every Act agreed upon at any Meeting,
shall be signed at the said Meeting by a competent Number
of Trustees, or otherwise every such Meeting, Adjournment,
and Act respectively, shall be void [and of
none Effect.]
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