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11
as is requisite for the obtainment of 13 Acres out of 79 1/4,
must by a quirk of Law repugnant to the evident intention
of Parliament be construed into an evident expenditure of
the whole. Without words of reservation, yes, for argument
sake: but proper words, of reservation might and would be
inserted. Were even the Power to be considered as expended,
the Consumption of it would be no objection to this Plan:
since recourse is to be had to be Parliament at all events
for additional powers for the common Land: and that
being the case a Clause for giving fresh Powers in the
room of those expended by the supposition on the Land in
separte ownership, would occasion no additional trouble
or delay.
If you will have the goodness, Sir, to turn to S3
of Stat. 7th July 1794 (being 34 Geo: 3.84 — the Statute
passed on my account) you will I flatter myself agree
with my that there cannot be a doubt but that the proposed
Temporary Penitentiary House would be capable
of being not only begun upon, but compleated and
governed and managed (so long as fresh compulsory
Powers for the Purchase of Land are not wanted) without
fresh recourse to Parliament. By S3 Power is given to
"His Majesty"..... not only "when the said Penitentiary
"House... shall be Erected in pursuance of and according
"to such Contract or Contracts" as therein mentioned, but
"sooner if occasion shall require".... to appoint one or
more... "Person or Persons to be Governor or Governors of the
said Penitentiary House or Houses... who... shall have the
Identifier: | JB/117/092/003 "JB/" can not be assigned to a declared number type with value 117.
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117 |
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092 |
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003 |
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correspondence |
4 |
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recto |
f9 / f10 / f11 / f12 |
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tw 1794 |
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francis hall |
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1794 |
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copy of letter at 117-085 to 117-089; not sent; see note 2 to letter 1357, vol. 6 |
38709 |
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