JB/122/521/002

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68
§. 7. 32

These, it may be said, are but theory: where has been your practice
? — My practice has been where the practice of any man would be, who,
having been engaged by a Master to go through a specified course of labour,
for a stipulated length of time, should, by the irresistible power of that
same Master have been kept, with his hands tied behind him, for the
whole of that length of time. In any such case, would it, in the mouth
of the Master, be a good plea to say to the Servant, "Nay, but you have
"done nothing?" In any such case, to the prejudice of the Servant is there
any thing that ought to be presumed? In favour of the Servant is
there any thing that ought not to be presumed? — Take the most successful
Manager that ever existed: - there was a time, when all he could have
said or written on the subject would have been but theory; there was
a time when he had had no practice.

For the purpose of fixing the sum -- neglecting altogether
that which, consistently with truth, I could not but state, and on the
specific grounds above stated, as the lowest which wore the appearance
of probability in my eyes, -- if, for the mere purpose of fixing the sum
proper to be awarded to me, my Arbitrators were to put in hotchpot
the highest and lowest of these three last rates of profit, the rates
of profit deduced from the Evidence of the two magistrates in question —
viz. the £251,125.:s0:d0 and the £23,438."s10"d10 — taking
accordingly for the sum to be awarded to me, the medium between
these two sums viz. £137,281"s15"d3, in such case, though I could
not with truth speak of it as a sum, approaching by some hundreds
of thousands to the minimum of what could with propriety be
termed "compensation" — though, instead of "liberal," it were but
"simple compensation," for my "loss and damage by non-fulfilment
of the contract," I could however speak of it, as not only
exceeding my own most sanguine expectations, but as going
beyond what, in their situation, I should, on consideration of the
circumstances

Identifier: | JB/122/521/002 "JB/" can not be assigned to a declared number type with value 122.
Date_1		Marginal Summary Numbering
Box	122	Main Headings	Panopticon
Folio number	521	Info in main headings field
Image	002	Titles
Category	Copy/fair copy sheet	Number of Pages	2
Recto/Verso	"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.	Page Numbering	F67 / F68
Penner		Watermarks	JOHN DICKINSON & Co 1809
Marginals		Paper Producer	A. Levy
Corrections	Jeremy Bentham	Paper Produced in Year	1809
Notes public		ID Number	002
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