JB/117/110/004

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16 Case relative to the Tothill Fields Bill.

matter of regret, but are never regarded as affording matter of
peremptory objection. Compensation is applied, as far as it can be
applied: and where it cannot, the damage (which in the present
instance, cannot surely amount to much if any thing)
is regretted without being compensated.

It will hardly (it should seem) be contended that the
creation of a perpetuity, and that too in favor of waste and
desolation, would in this instance, any more than in any
other, be a fit object for Parliament to propose to itself: Yet such
would be the Judgment virtually involved, in any determination
which should regard the objection grounded on the supposed
extraordinary value of the Common Right to the very small
proportion of the Commoners, as opposing a peremptory Bar to
the improvement of the Waste, on the Plan here proposed. If, even
with the support of the Plea of Public exigency, the private Plea,
grounded on the Interests of the vast majority of the Commoners,
is not strong enough to outweigh the objection, much less will it
be when standing alone, as it would do in the instance of
any Plan of Improvement originating with, and confined in
its object to the sole benefit of the Commoners. If the two Pleas
together are not strong enough, much less can the weaker ever
be when standing alone.

As to pecuniary compensation for the Rights in question,
either they are susceptible of it, or they are not: if they are, they
are as susceptible of it on the present occasion, as they can be
on any other; if they are unsusceptible of it, and the Circumstance of their being so is to be considered as a conclusive Bar
to their being given up, then, so long as it is considered in
that Sight, the Waste must remain a Waste, were it to the
end of time.

Were this Waste to be divided, like other Wastes, among
all the Commoners, in Proportion to their respective quantities
of Interest (in the present instance in equal Shares) the quantity of

Identifier: | JB/117/110/004 "JB/" can not be assigned to a declared number type with value 117.
Date_1		Marginal Summary Numbering
Box	117	Main Headings	panopticon
Folio number	110	Info in main headings field	case relative to the tothill fields bill
Image	004	Titles
Category	collectanea	Number of Pages	4
Recto/Verso	recto	Page Numbering	f13 / f14 / f15 / f16
Penner		Watermarks	g & ep 1794
Marginals		Paper Producer	fr3
Corrections	jeremy bentham	Paper Produced in Year	1794
Notes public		ID Number	38727
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