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Case relative to the Tothill Fields Bill. —

in as out of Parliament: it was petitioned against, not only
on the part of the Individuals whose Houses were consigned
by it to demolition, but by the Vestry of the United Parishes.
That it had not been framed however without great Consideration,
and the most respectable professional concurrence, may be inferred
from the name of the first Earl of Mansfield, at that time
Solicitor General (the intimacy of whose connection with the
principal of the two Petitioners in behalf of the Bill Dr.
Markham, the present Archbishop of York is so well known)
together with the names of his three Brothers in Law or Nephews
in Law the Finches, standing amidst a numerous and illustrious
assemblage of other names, in a List of Commissioners
appointed in the Act. —

That case is so much stronger a one than the present
that the precedent, though direct in its applications 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 Commoners, (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 proportionallly 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 twining 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

(e) Review &c p: 25.
(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

Identifier: | JB/123/225/001
"JB/" can not be assigned to a declared number type with value 123.


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case relative to the tothill fields bill





copy/fair copy sheet

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f15 / f16




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Notes public

see note 3 to letter 1392, vol. 6

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