JB/123/211/001

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That Case is so much stronger a one than the present, that the
precedent, though direct in its application as well to powers as to parties,
might be admitted to be a bad one without prejudice to the present Bill:
for here the benefit is surely in every dimension more extensive, without —
a hundredth part of the hardship —

As to the Commons, (that is the Inhabitants of the united —"—
Parishes considered in their Capacity of Commoners) it may easily be conceived
that there will be some individuals to whom the right in question is —
more valuable than it is to others, and that therefore they may be —
proportionably losers by a plan of compensation, which applies — not to
the accidental circumstance, of making a greater or less advantage of the
Right, but to the right itself. A Butcher for example, who happens to be established in
the near vicinity of the waste, may find in the convenience of turning
in his Cattle to cool after their Journey and before Slaughtering, an —
advantage in which his Neighbour the Grocer or the Tallow Chandler
has no share. (f) But these are contingencies by which the value of —
rights of property is liable to be affected in every situation: and
if these were admitted as conclusive arguments against forced mutations
of Property applied for on the ground of a greater mass of benefit to
be reaped by the public at large, no Act for the widening of —
Streets and improvement of Towns, no Road Act, no Canal Act, —
would ever be passed. These are Cases which, as often as they occur, —
afford matter of regret; but are never regarded as affording matter of
peremptory objection. Compensation is applied as far as it can be applied
and where it cannot, the damage (which in the present instance, cannot
surely amount to much if to any thing) is regretted, without being
compensated —

It will hardly (it should seem) be contended that the creation —
of a perpetuity, and that too in favor of waste and desolation, would in
this instance, any more than in any other, be a fit object for — .. —

(f.) As far as mere airing-room (that is standing or lying room) is
concerned, the portion not proposed to be purchased viz: the 5 or 6 Acres
behind Rochester Row would afford ample space to greater numbers than —
have ever yet been turned in upon the whole Waste: and in point of —
food, the herbage of the whole waste can be no object to the Cattle-holders
at present. —

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Identifier: | JB/123/211/001 "JB/" can not be assigned to a declared number type with value 123.
Date_1		Marginal Summary Numbering
Box	123	Main Headings	panopticon
Folio number	211	Info in main headings field
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c10
Penner		Watermarks	[[watermarks::[monogram] propatria [britannia motif] 1795]]
Marginals		Paper Producer
Corrections		Paper Produced in Year	1795
Notes public		ID Number	41637
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