Another impediment, which of itself might be sufficient to prevent
any future and different division or improvement of the Waste, is the
uncertainty that prevails (as already stated) with regard to the —
proportionable quantities of interest as between the Dean and Chapter
as Lords in the one hand, and the Inhabitants aforesaid as Commoners
on the other. This uncertainty will be continually increasing, while by
encroachment the very subject matter itself will be as continually crumbling
away. The benefit reaped by the Dean and Chapter being nothing, and
the benefit to the Commoners being in the instance of a vast majority of
them, nothing or next to nothing, neither party has ever found any
adequate inducement for engaging in that tedious and expensive course
of litigation, without which in the ordinary mode of proceeding the
uncertainty could not be removed: particularly the Dean & Chapter
a body composed of individuals advanced in life and whose interest
in the Premises does not survive to their natural representatives: and,
as the subject matter of the investigation grows less, and less, so would
the inducement to engage in it. The present Bill, while for the
first time it gives a value to these Interests, provides a summary mode
of procedure for establishing their relative amount, an assistance which
(it has been already shewn) could not with any degree of consistency
be afforded by the Legislature on any future occasion, if on the present
occasion it were to be refused.
Upon the whole therefore, the following points will it is supposed be found
1. That the Plan itself would in the Opinion of the Legislature be a
considerable National benefit.
2. That the choice of the spot in question would not upon the whole be
prejudicial to the neighbourhood of that spot
3. That on the contrary it would be beneficial to the neighbourhood.
4. That with as few and as sight exceptions if any, as in the case of
transmutation of property can occur it would be beneficial to every
description of persons interested in point of proprietary right.
5. That at the same time under the circumstances of the Case, no express
general consent would reasonably be to be expected.
6. But that it is of the number of those Cases where consent ought not to be
looked upon as requisite. —
Identifier: | JB/123/197/001
"JB/" can not be assigned to a declared number type with value 123.
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