JB/122/367/001

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4 May 1813 C + §§.3 7
Panopt. Compensation Claim 1. Capital
§.3 Capital continued
1

§§.3. First branch of the damage — loss by capital expended
or otherwise necessarily consumed.

As the profit expectable from the system of mechanical
inventions was in part consolidated, as will be seen, with
the profit expectable from the preference fulfilment of the Contract
regarding the maintenance and employment of convicts, and
the damage by loss of the a this firstmentioned mass of profit thereby pro
tanto merged in the damage by loss of the other, so the first branch of damage, viz
damage by the consumption
of the said capital
first mentioned head/branch, though viz that by capital expended may be considered as being was in like manner
merged in the damage by the second head of loss second branch [+]2 [+]2 viz profit expectable
upon that same capital
from the private manufacturing
concern,
or at any rate by in that and the abovementioned third branch of damage by the third
and last head of loss taken together viz. loss and damage by reason of the non-fulfilment of the said Contract, put together.

If it should appear that, in the Cont the mass of profit which
in in respect of the Contract, thus combined, as by the terms of the agreement
as it was to will be seen to have been with the aforesaid manufacturing concern,
a mass of profit might on reasonable grounds
have been expected, to an amount exceeding what the
greatest which the all things considered the Arbitrators
would Lords Commissioners of the Treasury would
notwithstanding the terms of the Act, be likely to regard themselves as warranted in paying,
even though called upon so to do by the an award of the made by
any and Arbitrators in strict perseverance to the said Act, in that
event, all enquiry into the amount of capital expended,
or otherwise consumed would, it is supposed, be regarded by them, as
so much labour expended to no use.

This considered, I shall therefore in the first instance for the present
and unless and until thereto required by the it be otherwise required of by me
forbear to give them any trouble on the head of that first branch
of the damage; stating only the sum of £12,000 more or less, as
disbursed in the expended or otherwise necessarily consumed in the year 1791
1792, 1793 and 1794 and 1795 upon or by reason of the said manufacturing
concern and
the said Contract together
with interest from those times
respectively, as the amount
of this first branch of the
damage so by me sustained (a)
(a) Note. Loss by sale of estates, under circumstances of unexpected pressure, for an a price below the estimated value, can scarcely be may perhaps be regarded as not among properly strictly speaking
under the head of capital expended, but may surely be considered as among and in
head of capital expended. This

Identifier: | JB/122/367/001 "JB/" can not be assigned to a declared number type with value 122.
Date_1	1813-05-04	Marginal Summary Numbering
Box	122	Main Headings	Panopticon
Folio number	367	Info in main headings field	Panopt. Compensation Claim
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.	Page Numbering	D7 / E1
Penner		Watermarks	<…> Co
Marginals		Paper Producer	A. Levy
Corrections		Paper Produced in Year
Notes public		ID Number	001
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