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12 Case relative to the Tothill Fields Bill.
his Lordship a hint to that effect. But no such grace can
naturally by supposed to be in the expectation of any of the
wrong-doers; nothing therefore but opposition (should any active
part be taken) and at any rate, nothing like consent, can reasonably
be looked for, on the part of a set of Individuals thus
circumstanced.
In the Dean's-Yard-Square Act already mentioned, there was
neither consent given by any of the Parties (besides the two Individuals
at whose solicitation it was passed) nor so much as application for consent
made to the Parishioners; but a strong opposition, both from the
Vestry as a body(d) (d) Review do ut supra. (The Parishes the same in that instance as
the present) and from a numerous list of Individuals: and yet
the Bill passed into a Law.
As to the Propriety of taking Ground by compulsive powers
for such a purpose as that in question, it is a point not open
to dispute, having been already affirmed twice over by the
Legislature, and that in relation to the particular purpose here in Question;
viz. once by the original Penitentiary Act, (19 Geo: 3 Ch. 74), and again
by the Penitentiary-Contract Act (34 Geo. 3. Ch. 84) the enforcement
and amendment of which is the object of the Present Bill.
The Object of the Bill (it should all along be observed) is — not
to create de novo any such compulsive powers as those in question —
not to add any thing to the existing stock of those Powers — but
only to transfer, and by transferring to nullify in effect, a set
of Powers of the sort in question already created by two former
Acts. The spot at Battersea which (as well as any other Lands
in separate ownership within the four Counties, except the Scites
of Dwelling Houses with their Appurtenances) may be taken
at any time under those Acts, is a Spot, in relation to which
the Pretium affectionis has been found to operate (as it well
might be expected to operate) with more than ordinary force:
and it is only for the purpose of transferring the exercise of
the powers in question from that favorite spot, to an ill famed and
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