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New Turnpike Surveyors Orig.
Sect. VI
— VII Art. I
Surveyors fulfilling the directions of Trustees concerning
work enjoined by Sect. II Art. ... shall
be reimbursed out of the Tolls: but omitting by the space of 3 Months to execute
any order relative thereto, shall forfeit 20s.
A Surveyor, within whose suffering any Block or Heap of any thing
(other than work erected for the Benefit of the Road) to his
48 Hours within 12 feet of the middle of a Turnpike-Road above the surface
to obstruct the passage shall forfeit 40
Observations
+ By these loose words it is seems render'd in some degree doubtful
whether Tollgatherers, Clerks, or even Trustees, are not the objects of the
clause as well as Surveyors: if it be apprehended,
least the want of a formal appointment should exempt
persons acting as Surveyors from the penalty,
the ... Article in the Section of Definitions is calculated
to obviate such apprehensions: as to the cost, an
anxiety of this sort had better be expressed constantly
& regularly or not at all. The next Article, for example,
stands in equal need of it.
Is not "suffering" rather too loose? might not some
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word importing knowledge, as "connivance", be more
proper? If so, the Article might be alter'd thus —
..."with whose connivance.... shall have lain."
This further explanation might then be useful, by way
of direction to the Magistrate, & to prevent an offender
depending on impunity from the difficulty of the
proof — "Of the fact of such connivance direct
evidence shall not be necessary, but the Magistrate
shall deliv judge from the circumstances of
the case.
It is better to devise some general term, than
to trust to these specifications, which seldom are
compleat — Those in question, for example, scarce
include railing set up to fence off a Gravel Pit.
The consequences of the double measure of words
given in this Section according to the laudable generosity
in use, is, (not to bend a myself to make acknowledgment
of it in every instance) that "if any [two
"Surveyors" are guilty of this negligence," such [one]
"Surveyor" (which of them?) is to pay the fine.
Art. I
Sect. VII
Surveyors and Tollgatherers shall [within ....days] after
written notice from any 5 Trustees, render to them
or to any person of their appointment mentioned in such notice, an account in writing of all receipts & disbursements by themselves
[or on their behalf,] not before accounted for;
or on omission [without reasonable excuses verified by Oath] shall forfeit
5£ to the benefit of the Road.
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Sect XXX
And be it further enacted, That if any Surveyor [or
Surveyors,] + or other Person or Persons having the Care
of any Turnpike Road, shall suffer to be [or remain,] for
the Space of Forty-eight hours in any part thereof
within Twelve feet [on either Side] of the Middle of
such Road, any Post [or Posts,] Heap [or Heaps] of
Stones, Rubbish, or Earth, set up or raised [in or] above
the Surface [of the said Road,] by which the Passage
[thereof shall or] may be obstructed, [impeded, confined,
or Straitened] (other than [and except] Posts, Blocks,
Stones, or Banks of Earth, fixed in the Ground, or
raised, for securing Horse or Foot Roads, and also Direction
Posts and Stones) such Surveyor or other Person
shall forfeit [and pay] the Sum of Forty Shillings, to
be recovered before One Justice of the Peace.
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And be it further enacted, that the Gate-keeper or
Toll-gatherer of every such Toll-gate or Bar, and every
Surveyor of any Turnpike Road, shall, when required,
by Notice in Writing from the said Trustees or Commissioners,
or any five or more of them, render upon
Oath, to be administered by, and taken before, any One
Justice of the Peace, Trustee, or Commissioner of such
Turnpike Road, a true and exact Account in Writing,
to the said Trustees or Commissioners, or to any Person
to be named in such Notice appointed by them, or
any five or more of them, of all Monies received by
him, her, or them, at such Toll-gate or Bar, or otherwise
on account of such Turnpike Road, not before accounted
for, under the Penalty of Five Pounds for
every such Offence or Neglect; to be recovered in a summary
manner before any One Justice of the Peace, and
applied to the Use of the respective Road on which such
Toll-gate shall be placed.
Observations.
Having been at the pains of framing an article not above a
page or two ago for the purpose of imposing precisely the same obligation upon Mortgages, I have e'en gone to work this
time like old Homer messengers, messages & made the
same do over again for Tollgatherers & Surveyors. The
luxuriance of the compiler's fancy disdains these servile imitations;
yet I am apt to think the critics in both walks
will join with one in opinion, that it might not have been
never the worse if, in the point in question, the venerable ancient
abovementioned had been somewhat less of a Special-Pleader,
& our compiler somewhat less of a Poet — a perfection
of the one art is, variety; of the other, sameness.
In the strict , of sameness of expression with sameness
of design, consists one main expedient for the making
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sect. vi & vii new turnpike surveyors orig. |
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jeremy bentham |
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