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Q.S.P. Monday 27 May 1799


Understanding that the Lords Commissioners of his Majesty's Treasury
either had seen, or would or it appeared to your (it was thought see, reason
to be of opinion, that the powers for the buying out the subsisting Leases
on the Marquis of Salisbury's estate which their Lordships being given
directions for purchasing for the purpose of the intended Penitentiary House
would require to be executed by their feoffee (to whom and to whom alone
those powers are given by the Penitentiary Contract Act 34 G. 3. c. 84. §. 6.)
I write this for the purpose of humbly praying that a letter may accordingly
be written on the part of their Lordships to the Marquis's Agent
Mr Estcourt, to inform him that that one of the two branches of the alternative
presented in his letter to you of the 7th of March last has been
embraced, and that the estate will accordingly be purchased subject to the
subsisting leases.

In presenting as for the other branch, the making the purchase purchasing of the Estate free
from those leases, Mr Estcourt could have no other meaning than this, viz.
that his would principal contract for to bear the expence of buying them out for the additional
sum required by him in that case: for as to buying them out without the consent
of the Lessees, he has no powers for that purpose: and their consent has
never been asked.

The great use of this is to answer in some degree the purpose of a previous Contract.

A letter communication to the above effect to somebody or other will be seen to be indispensable in any
so far as concerns the making the requisite impressions time enough in the ensuing
Chapter time enough for the completion of the business event – But in the opposite event it will be less clear necessary.

Should a previous Contract be ever prepared by their Lordships Sollicitor, according
to the directions transmitted to him in conformity to their minute
of the 2d instant, a decision on the subject point in question will require to be communicated
either to the said Sollicitor or to Mr Estcourt or to both: for of the
two contradictory things either of which it is referred to their Lordships choicetwo things referred to their Lordships choice, they may do either, but can not do both, consequently
will not agree to do both: therefore it seems necessary to whoever is be seen
to do (viz: purchasing free from the leases and purchasing not free from the
leases) both can not be done: – it must be said: it must be determined if either be to be done it must be said
which any conveyance can be made.

Should no such Contract be ever to be prepared, a letter to the above
effect might in some degree answer the purpose of such a Contract: I mean
in respect to the to the other proposals making the requisite impressions to in (the Dean & Chapter) the
in time enough for the purpose completion of the business.

Identifier: | JB/118/134/001
"JB/" can not be assigned to a declared number type with value 118.



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jeremy bentham


tw 1794


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francis hall


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