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TURNPIKE - TOLLGATHERERS
SECT. VIII
ART. I.
A Tollgatherer appointed instead of one discharged, shall at
the end of 2 days after notice given thereof to the other or left at his House have
possession of the Toll-house with the appurtenances, to be given
him (if opposed) by a Constable with necessary assistance upon
Warrant from a Justice: & the persons & goods therein being
shall be removed.
OBSERVATIONS. ART. II
A Temporary Tollgatherer shall have the & be
bound to the same duties appointed in the
possession of the Toll-house with the appurtenances shall be given him,
(if opposed) at the end of 4 days after his appointment, in manner as
by the preceeding Article.
Observations
Upon examining this Section in the original, we
shall find it defective in the following particulars,
sometimes by saying too little, & sometimes by saying
too much.
1st Neither "power" nor "authority" nor "accountable"
import the obligation to inform; which "duties"
manifestly does in Art...of the 1st Section.
2dly Neither "the Wife" nor "Family" of the dead Tollgatherer,
but a stranger may get in and "refuse
to deliver up possession": & then where are the words
of this Section that shall turn him out?
3dly Along with "their" goods, there may be goods in
the house belonging to a stranger: and then what
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are the words in this section that shall reserves them?
4thly According to the expression (though certainly
not according to the design) a Tollgatherer discharged
or the Wife and family of one dead are
liable to be turned out at a minute's warning:
for the house is to be evacuated not at the expiration
of the time prescribed, but within it: and the
of that is for any thing that to the contrary
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X 767 § 6
False Grammar "In case Any Collector" ... "shall permitt" ... any Cert....
...to pass .... and being thereof convicted ...such
Collector ... so offending, shall be ... discharged
In case ... any Collector ... shall permitt ...
any Cart ... to pass ......and shall be thereof
convicted ... such Collector ..... so offending,
shall be discharged ..... this is Syntax
Any Collector ... permitting .... any Cart ...
to pass ..... and <hi rend='underline'>being thereof convicted ....</hi>
such Collector ... so offending, shall be ... discharged.
this is also Syntax. I wish I could say
as much of the 1st of these 3 Sentences.
78 § 6
So offending [+]
[+] 2ndly to lay a poor man about his offending after he is supposed to be convicted? A. This is to introduce a figure of speech, called in Greek Hysteria Proteron ; & in English the Cart before the Horse, or the Horse after the Cart. The figure, one sees, is peculiarly analgous to the subject
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SECT. X XLIV.
Upon the Death of any Collector, 2 Trustees may appoint a temporary One,
Provided always, and be it further enacted, That it
shall and may be lawful for any Two or more Trustees
or Commissioners of any Turnpike Road, upon the
Death of any Toll-gatherer or Gate-keeper, appointed
or to be appointed, to collect the Tolls upon such Turnpike
Road, to nominate and appoint some other fit Person
in his Place, until the next Meeting of the Trustees
or Commissioners of such Road; which Person, who is to be accountable, till the next meeting of the Commissioners.
to be nominated and appointed, shall have the like
Power and Authority, and be accountable in the same
Manner, in all Respects, as the Person so dying had,
or would have been, if living: And that if any Toll-gatherer Collector discharged, refusing to deliver up Possession of the House & c.
or Gate-keeper, who shall be discharged from
his Office by the Trustees or Commissioners authorized
for that Purpose, shall refuse to deliver up the Possession
of the House, Buildings, and Appurtenances, which he
enjoyed in Right of his Appointment to that Office,
within Two Days after Notice of his Discharge shall
be given to him, or left at his House; or if the Wife or the Wife or Family of such as shall die,
or family of any such Toll-gatherer or Gate-keeper who
shall die as aforesaid, shall refuse to deliver up the Possession
of such House, Buildings, and Appurtenances,
within Four Days after such new Appointment shall be
made as aforesaid; then, and in either of the said Cases, Constable, by Warrant of a Justice, may enter the Premises, & c.
it shall and may be lawful for any Justice of the Peace
for the County, Division, or Place, where such Turnpike-house
shall be, by Warrant under his Hand and
Seal, to order the Constable or other Peace Officer,
with such Assistance as shall be necessary, to enter such
House and Premises in the Day-time, and to remove and put the new appointed Officer in Possession.
the persons who shall be found therein, together with
their Goods, out of such House, and to put the new
appointed Officer into the Possession thereof.
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Collectors neglecting their Duty are liable to be discharged,
And in case any Collector
or Receiver of the Tolls or Duties at any Gate or Turnpike
where, or near to which, any Crane, Machine,
or Engine, for weighing of Carriages shall be built and
erected, shall permit or suffer any Cart, Waggon, or
Carriage, as aforesaid, being laden, to pass or repass
through any such Gate or Turnpike without weighing the
same, and being thereof convicted in Manner aforesaid;
such Collector or Receiver, to offending, shall be immediately
discharged, and rendered incapable of holding
or forfeit 5/- any Office under the said Trustees, or shall forfeit the
Sum of Five Pounds, at the Option of such Trustees.
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The Laws into execution, this, in the original, is the firsts the
next is that which forms the 15th Section, the last that part
of the 47th which together with the 25th we have consider'd along in
that Section of the Draught which concerns Turnpike Officers
in general.
It is observable that the offence which Turnpikemen are here
charged with prosecuting is that which is created by the 1st
Section [of the original] (between which and that we are speaking
of there are Sections containing matter totally irrelative:)
not that either of those which are created by this: the only plea that could
have been urged for the jumbling in one and the same
Section different objects, different offences, different punishments
and different jurisdictions. What sort of a
task a Turnpike-man must have, who is to lay the whole
together & get a notion of his duty from it, we may
now perceive.
And note it may be proper to mention, what probably
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