★ Find a new page on our Untranscribed Manuscripts list.
SECT.II Social TRUSTEES New. 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
This provision having no special Sanction takes of course
the general discretionary one of Fine or Imprisonment
This however is more than they every one can divine: being one
of those secrets which men of Law keep to themselves,
in full perfect appearance of their efficacy upon those who know
nothing of the matter.
Moreoever it may be asked, if the expedient of
gifting an interest to a prosecutor in the enforcement of it was a proper one
in the preceeding Section, what is it that makes it otherwise in this? in private acts
which I have seen, it is adopted in both cases.
ART. V
In default of a full meeting of Trustees, or of a due adjournment,
the number present shall appoint another
for the same place, with 10 days written notice; or in
their default or if there have been none present the Clerk: such notice to be affixed on
every Turnpike on the road, of if there be as yet
no Turnpike, upon the chief door of most conspicuous place in some
principal town or place near to which the road will
pass.
Observations
+ The possible uses of this word are two: one, to make a printed notice bad; the other, to prevent a set of
Trustees from playing a trick upon their associates
by sticking nothing but sounds upon a gate.
|| Directions of this loose stamp concerning notices have often been a
source of litigation: and motives to smuggle meetings
are conceivable not difficult to conceive. It would be something more precise
to direct the notice to be affixed "upon a chief door
of all or not less than 3 of the Parish Churches
in each of the 2 nearest Market Towns nearest to the place of meeting and
also in a conspicuous part of the Market-places
of those towns" to which might be added, (as in it is some
particular acts) " as also in one such Newspaper as is
printed the nearest to the such place."
But what if the notice be torn down again as soon as it is stuck up? a trite piece of ingenuity obvious enough, and which at least one would think ought not to be could hardly be view'd new to any one who has had the honour of a degree at Oxford.
ART. VI
To 2 be 3 valid, 4 adjournments 1 shall not be made for longer
than 3 months; nor to any hour later than 2 in the
afternoon; nor shall business ever be proceeded on, before
10 in the forenoon
ART. VII.
No act of Trustees shall be valid unless signed by the compleat number by at the
same meeting by the number competent so to do it.
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.
---page break---
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 Victualing-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 under
the Trustees of any Act of Parliament made or to
be made, for creating Turnpikes respectively, or of or farming the Tolls.
of farming the Tolls thereby granted and made payable,
during such Time as he shall keep such Victualling-house,
Alehouse, or other House of Public Entertainment, or
shall sell any Wine, Beer,Cyder, Ale, Spiritous or
other Strong Liquors by Retail.
An Apothacary 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
their Meeting, or for want of a proper Adjournment ;
by which Means, or by [some or One of them] the Intent
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
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.
XL
40 No Adjournment to be for a longer Time that 3 months;
Provided nevertheless, and it be further enacted, That
no 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 no 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 agreeed 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.]
|
Identifier: | JB/079/106/003"JB/" can not be assigned to a declared number type with value 79. |
|||
|---|---|---|---|
|
079 |
|||
|
106 |
|||
|
003 |
|||
|
text sheet |
1 |
||
|
recto |
|||
|
jeremy bentham |
[[watermarks::[gr with crown motif] [lion with vryheyt motif]]] |
||
|
25548 |
|||
