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S.5. Breach of faith 1st Previous Contract
1799 paid to the most Noble the Marquis of Salisbury, as
the purchase money of the so often mentioned estate, for
the declared use of the then declared-to-be-intended Penitentiary
establishment: that to this hour — being upwards
of two years — neither the estate nor any nor any part of it has
ever been applied to that use — that all the steps necessary
to such application have uniformly been resisted and refused
to be taken in spite of the persevering sollicitation of the
individual concerned in duty as well as interest in solliciting
the taking of those steps — and this without any
obstacles other than what were either created by the said Messrs
Pitt, Rose, and Long, or one or more of them, or suffered,
spite of all notices to remain unremoved, they or one or
more of them, having it in their power to remove them:
that so, and from such causes, it has happened that
the estate so purchased with the said sum of £12,000 has
never yet been applied to such its only lawful purpose:
which positive act, consisting in the disbursements of so
much of the public money, coupled with the negative act,
consisting in the non-application of the estate so purchased
to such its only lawful use, no just cause or impediment
existing to prevent such just application of it, in all that
time — constitutes, according to my humble conception of the
matter, an act of waste.
A sort of... which without much apprehension
of error, I will venture to state to your Lordship as
a security in general use, previous to the execution of the
deeds by which a purchase is compleated is — a memorandum
in uniting between the parties to the Contract, expressive of
their mutual agreement to join in it, and binding each
to the other to do his part towards the completion of it.
In my own experience I do not recollect an instance where
the
Identifier: | JB/120/033/001 "JB/" can not be assigned to a declared number type with value 120.
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120 |
panopticon versus new south wales |
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033 |
breach of faith 1st previous contract |
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001 |
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copy/fair copy sheet |
1 |
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recto |
d3 |
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1800 |
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1800 |
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39859 |
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