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Draught Observations

It appears to me difficult if not impracticable

The faculty of having
reference to
The compulsory proceeds
is made to depend
on the payment into
the Bank

The clause in the existing Act §6 appears
be inadequate to the purpose for the following reasons.
1. Because no determine time is specified as the time at
which the default of such agreement shall be understood
to have commenced taken place, and yet it is not untill
such default has taken place, that the payment
into the Bank is permitted to be made, from which
payment the subsequent compulsory operations are
to take their date. No such determinate time being
specified, I do not see how the fact of making default

It may be said that
if the allowed by
the feoffee to the Land owner for deliberation
shall have been a reasonable
one viz. for deliberating whether
he will agree or not, the Entry
grounded in the default of agreement
can be susceptible of
proof. Hence A reasonable
time for deliberation ought
it may be said to be
given: but surely it
would be a perilous
thing to make the
able to the land, and
the existence of the
proposed establishment
defined upon an ex-
post-facto judgment
on the question whether
the time allowed by
the feoffee, for want
of a time being specified
by the Act, was
or was not a reasonable

An agreement is the act of two parties:
the owners owner and the feoffee: Supposing the
Owner advises he may say it supposes a proposal
to come from the one party or the other. It can not
be expected to come from the Owner. It must
come then, if at all from any body, from the
Feoffee. But if it is to come from the Feoffee, it
seems as well as that the payment into the Bank
should be precede or accompany prior to, or contemporary with, the proposal:
because as such payment must is to be made at all
events before Entry can take place, whether
consent on the part of the Owner eventually takes place or no,
the postponing of the such payment till after it
has been ascertained that no consent is to be had,
seems a loss of time prejudicial to the object purpose of the Act

Identifier: | JB/123/110/001
"JB/" can not be assigned to a declared number type with value 123.


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jeremy bentham



jeremy bentham

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