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not be equally "convenient" with reference to the public,
as according to the Act it ought to be.
Does the act then put the choice of the spot
in the power of an Individual, in the power of
your Memorialist, altogether. Does it give him a
Negative upon it in every Case? By no means. It
gives him no Negative, upon the choice of that
best of all Spots, which has been chosen by such
high authority, and after such mature deliberation.
Convenient and inconvenient to him, your Lordships may
call upon him to take that or none. He has
pronounced it convenient, he is estopped from calling
it otherwise. Could he, pointing to any new
spot, say, this would be more convenient to
me than the Old one, therefore you are bound
to give me instead? No certainly; not even were
he able to shew that it would be still more
"convenient and proper" with reference to the Public
in every point of view. The Act admits that
other spots may perhaps be found "as convenient
and proper", but it does not admit that any
can be more so. Hard indeed then would it
be, while one Party, your Memorialist, were
bound, the other party, the Public, whom your
Lordships represent, should be altogether free.
Even had "proper" been the only word, the
conclusion would have been still the same. In
Identifier: | JB/118/059/001 "JB/" can not be assigned to a declared number type with value 118.
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118 |
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059 |
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001 |
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copy/fair copy sheet |
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recto |
f33 / f34 |
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coles |
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patrick colquhoun |
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see note to letter 988, vol. 5 |
39113 |
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