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15 Case relative to the Tothill Fields Bill.
assemblage of other names, in a List of Commissioners appointed
in the Act.
That case is so much stronger a one than the present, that the
precedent, though direct in its application as well to powers as to
Parties, might be admitted to be a bad one, without prejudice
to the Present Bill; for here the benefit is surely, in every
dimension, more extensive, without a hundredth part of the hardship.
As to the Commoners (that is the Inhabitants of the United
Parishes considered in their Capacity of Commoners) it may easily
be conceived that there will be some Individuals to whom the
right in Question is more valuable than it is to others, and that
therefore they may be proportionably losers by a Plan of Compensation,
which applies — not to the accidental circumstance, of making
a greater or less advantage of the Right, but to the Right
itself. A Butcher for example, who happens to be established
in the near vicinity of the waste, may find in the convenience
of turning in his Cattle, to cool after their Journey and before
Slaughtering, an advantage in which his neighbour the Grocer
or the Tallow-Chandler has no Share.(f) (f) As far as mere airing-room, (that is standing or lying
Room) is concerned, the Portion not proposed to be purchased, viz:
the 45 or 6 Acres behind Rochester Row, would afford ample
space, to greater numbers than have ever yet been turned in
upon the whole waste: and, in point of food, the Herbage
of the whole waste can be no object to the Cattle-Holders
at present. But these are contingencies
by which the value of rights of property is liable to be
affected in every situation: and if these were admitted as
conclusive arguments, against forced mutations of property, applied
for on the Ground of a greater Mass of benefit to be reaped
by the Public at large, no Act for the widening of Streets and
improvement of Towns, no Road Act, no Canal Act, would ever
be passed. These are cases which, as often as they occur, afford matter
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