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Sheet extracted from the Penitentiary Contract Act 34. G.3. C.84 §6.
as referred to in a Letter from Mr Bentham to Mr Secretary Long dated
31 Jan.y 1800.
The words scored with red Ink exhibit the whole of the matter
relative to the treaty for buying out the Leases, and the money to
be provided for that purpose. Those with black ink provide the case for
eventual disagreement.
Cap. 84. GEORGII III. REGIS.1225
and reasonable Price to be given to such Increase in Value; and that in
like Manner, in case any other Piece or Pieces of Ground shall be appropriated
If other Land
should be used,
the Feoffees
may pay to
the Bank the
Price agreed,
&c.
in pursuance of this Act for the Purpose of erecting such Penitentiary
House or Houses thereon, it shall and may be lawful to and for
such Feoffee and Feoffees to pay into the Bank of England, with such
Privity as aforesaid, the Price agreed upon to be paid for the same, or, in
Default of such Agreement, to pay into the said Bank of England such Sum
of Money as such Feoffee or Feoffees shall think a fit and reasonable Price to
be paid for the same; and in each Case the said Feoffee or Feoffees shall
also make or tender such Compensation, Recompence, or Satisfaction, in
Recomence
to be made to
Tithe Owners,
and Tenants
for Life, &c.
Money, 11
11 To "tender"
satisfaction
in money the
Feoffee must
have the money
in hand
To have the
money he must
have some particular
sum
of money: for
example, the
proposed £1000
— For him to
have the money
by any particular
day, an
Order must
have been given, 3,
4, 5, or 6, weeks
before:
A sum being
confessedly
necessary for
the purpose,
does it lie
within the province
of the
Sollicitor, in
this case, any
more than in
that of the
purchase money,
to say what the amount of the sum shall be, or at what term the order for it
shall be issued?
According to the Sollicitor's plan, if in, the Feoffee's treatys with all
the several parties interested must have been brought to conclusion, the time for removal fixed, the damage in each
case liquidated, and the sum demanded acceded to by the Feofee or refused, before he
will be at liberty so much as to apply for an Order to be given for a Warrant for the
compensation — money for any one of the parties. The parties interested are at least 38
families, 18 of them occupiers of 10 many Houses. Three Public Houses, and a
considerable distillery are of the number. Add to these a close-stocked Nursery Ground of above 7 acres, a Market Garden Ground
of 11 Acres; with other too long to state. To commence any such treaty the Feofee must hold up to the of the
party the necessity of removal by a certain day. In
the day he must in each instance either show indulgence
at his own expense and that of the establishment, without
compensation, or the short interval presented out
. He must likewise offer money: but after the experiences he has had: he humbly prays to be excused from making any such offers, before any means of making them good are in his hands.
or otherwise, to the Tithe Owner or Owners, and also to the
several Occupiers who shall be Tenants for Life or Lives or for Terms of
Years, or Tenants from Year to Year, or at Will, of such Piece or
Pieces of Ground on which the said Penitentiary House or Penitentiary
Houses are so intended to be erected as aforesaid, or any Part thereof,
in respect of their several Rights and Interests of and in the said Premises
respectively, as such Feoffee or Feoffees shall in his or their
Discretion think fit, which Compensation shall be made to them respectively,
over and above the Price to be paid to the Owners and Proprietors
as aforesaid; and that if the Owners or Proprietors aforesaid
shall not agree with the said Feoffee and Feoffees for such Price as aforesaid,
In case of Disagreemen
Value to be
ascertained by
a Jury.
or shall not, within the Period of Twenty-one Days after Notice in
Writing of such Payment, agree to accept such Price as shall be paid into
the Bank of England by said Feoffee or Feoffees, or if any such Tithe
Owner or Owners, Tenants for Years, or Tenants from Year to Year, or
at Will, upon Noice to him, her, or them, given or left in Writing at
the House or Houses or other Place or Places of Abode of such Persons
respectively, or fixed on some conspicuous Place upon the Premises to be
conveyed, which shall be in his, her, or their respective Occupations, or
on the Parish Church where the same Premises shall be situate, shall, for
the Space of Twenty-one Days next after such notice given, left, or
fixed, neglect or refuse to accept such Price as shall be offered by the said
Feoffee or Feoffees for their respective Rights and Interests in such Premises,
then, and in such Cases respectively, the said Feoffee or Feoffees
shall cause the Values of all such Rights and interests in respect whereof
any such Controversy or Dispute shall have arisen to be respectively inquired
into and ascertained by a Jury or Juries of indifferent Men in the
County in which such Lands shall be situate; and to that End shall
summon and call before such Jury or Juries, and examine upon Oath
(which Oath such Feoffee, or any One of more of such Feoffees, is and
are hereby empowered to administer) any Person or Persons whomsoever;
and such Feoffee or Feoffees shall, by ordering a View or otherwise,
use all Ways and Means for the Information of Jury or Juries
in the Premises; and when such Jury or Juries shall have enquired of
and ascertained the several Matters aforesaid, the said Feoffee or Feoffees
shall thereupon pay, in Manner herein directed, the respective Sums of
Money which shall so appear to be payable, as well to such Owners or
Proprietors of such Lands or Tithes in respect of such Value, or Increase
in Value as aforesaid, as to such Occupiers or Tenants in respect
of their Interests in the Premises; which Sums of Money due and payable
to the Occupiers or Tenants respectively shall be paid to such Occupiers
or Tenants respectively, or their respective Executors, Administrators, or
Assigns; and which Verdicts or Inquisitions shall be respectively filed of
I4 H Record
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Identifier: | JB/116/652/008 "JB/" can not be assigned to a declared number type with value 116.
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panopticon versus new south wales |
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sheet extracted from the penitentiary contract act 34 g.3.c.84 § 6 as referred to in a letter from mr bentham to mr secretary long dated 31st january 1800 |
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printed material |
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(1219-1228) |
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annotated by bentham; see note 10 to letter 1494, vol. 6, of which this is the original annotated copy of the act |
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