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TURNPIKE OFFICERS SECT. V.
ART. I
No person, so long as he keepeth a house of public
entertainment, or selleth strong drink by retail, shall
hold any place of trust or profit, under Trustees of Turnpikes,
or personally gather Turnpike Tolls.
OBSERVATIONS
The slight alteration here made is with a view 1.st to the case of
a Publican lending his money to the Roads. The passage
as it stands in the original must either, in
virtue of the words "taking, holding or enjoying" be
construed by excluding persons of this class from the
common right of Mortgagees to take possession of
their Tolls in default of payment, to take away
their security: or in virtue of the words "under
the Trustees" not to extend to them at all; which
in the case supposed would let in the inconvenience
thise Law intends to guard against.
ART.II.
Turnpike Officers, or their Executors or Administrators
shall, upon 10 days written notice received
from any 5 Trustees, deliver up to the next Turnpike
meeting [or to any person specified in such
notice to be appointed by them] all such papers writings relative
to their office as shall be in their custody or
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power, or on completion without reasonable excuse, verified
on Oath, shall forfeit £20.
OBSERVATIONS
A further provision to this effect seems requisite
"Provided that for their own satisfaction they may
retain duplicates of any such papers as they shall
have deliver'd."
Another, to the effect of the 1st clause in Brackets,
in case of sickness. This would be a much less
Trust than that of taking the accounts of Surveyors
& Tollgatherers which Trustees are impower'd to
committ to a Deputy by a following Section.
The necessity of the last clause in Brackets must
be acknowledg'd by every one: it seems safer to express
it than to trust in all cases to its' being
implied.
The penalty being a fixed instead of a running
one, lies open to the objections stated in a similar
case in the Section concerning Mortgages.
[+]
To remedy in some sort the difficulty of getting
evidence of such a concealment, the following Article
it should seem might be of use.
(The words "upon Oath" being inserted in the preceeding)
The form of such Oath shall be as follows - "I
---page break---
§ 36
... 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 erecting Turnpikes respectively or of farming the Tolls thereby
granted and made payable .... N.B. for the rest v Supra p. SECT.
Art. ...
2dly to that of a Publican farming the Tolls, but putting in a
deputy to receive them: when this is the case, the reason of
the exclusion ceases.
SECT. XXXV.
Officers to deliver up to the Trustees all Books and Papers in their Custody, & c. relating to the Execution of their Office,
And be it further enacted, That all Clerks, Treasurers,
Surveyors, and other Officers appointed, or to
be appointed, by any Act or Acts made or to be made for
the Repair of any Turnpike Roads, and their respective
Executors or Administrators, shall, within Ten
Days after Notice, in Writing, to them respectively
given by the Commissioners or Trustees of such Roads,
35 or any five or more of them, at a Meeting held pursuant
to such Act, produce and deliver up to such Trustees,
all Books, Accounts, Papers or Writings whatsoever,
relative to the Execution of such respective Offices,
which shall be in their Custody or Power; and on Forfeiture of 20/-
every such Officer or Person as aforesaid neglecting or
refusing to produce and deliver up such Books, Accounts,
Papers, or Writings, after such Notice as
aforesaid, shall for every such Neglect or Refusal respectively,
forfeit the Sum of Twenty Pounds.
OBSERVATIONS.
A.B. do swear that I have no other writings (except
Duplicates) in my custody or power is anywise
The word "writings" is the only one of the 4, that strictly includes the other 3. relating to my Office of ...... of the Turnpike
Road [describing it] according to the best of my belief
than what I have deliver'd up to the Trustees for the
said Road [or to C.D. as the case is ] nominated
by the Trustees of the said Road to receive them] So help me God. and
whose taketh the said such Oath falsely, knowing or believing
any part there of to be false shall suffer as in
case of Perjury.
[+] Such as it is, the following provision would be of use it would be a means of adding to its' operation,
Suppose there are no nor any one who thinks it worth while to take out Administration? a disposition not altogether improbable in the case of a poor Turnpike man.
to aid its' operation (and I see no inconvenience in it) to provide, that After its a first conviction, 2 days
notice shall be sufficient to ground a second.
The delivery being thus to be made within 10 days after
notice, let us observe the consequence: It may not perhaps
be convenient to appoint another meeting so soon after the
former; but let it. At this 2nd meeting there comes notice
sufficient number: notice is then given of a 3rd in pursuance
of § 39 p ... : but this meeting cannot be holden
Is it meant a public or private meeting ? without "at least 10 days notice": & the business in question
if done at all must be done within 10 days: it follows
that according to the words, here used it cannot be done at all
Besides this, the Papers may be so disposed of, as that it
may be impracticable to have them forthcoming within
the time. I will carry this view of the consequences
no farther: this much seems sufficient to justify the alteration.
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