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9 Case relative to the Tothill Fields Bill.
the Neighbourhood, though it be such a Neighbourhood, could not
naturally be expected to be a popular one; the advantage in
point of easement of Poors Rates, how substantial soever, could not
be presented beforehand in any liquidated shape: particular
inconvenience would naturally be apprehended, on the part of those
who by vicinage are in the habit of making what little use is
made of the universal right, by turning in their Cattle, where
Air and a resting-place at least, are to be found for them, how
little soever besides. —
In the Deans Yard Square Act already mentioned, there
was neither consent given by any of the Parties (besides the two
Individuals at whose solicitation it was passed) nor so much as application for consent made to the Parishioners; but a strong opposition both
from the Vestry as a body(d) (the Parishes the same in that instance
as the present) and from a numerous list of Individuals: and yet the
Bill passed into a Law. —
As to the propriety of taking Ground by compulsive powers for such
a purpose as that in question, it is a point not open to dispute, having
been already affirmed twice over by the Legislature, and that in
relation to the particular purpose here in question, viz: once by the
original Penitentiary Act (19 Geo: 3 Ch 74) and again by the
Penitentiary Contract Act (34 Geo 3 Ch 84) the enforcement and
amendment of which is the object of the present Bill.
The object of the Bill (it should all along be observed) is — not to
create de novo any such compulsive powers as those in question —
not to add any thing to the existing Stock of those Powers — but only
to transfer, and by transferring to mollify in effect, a set of powers
of the sort in question already created by two former Acts. The Spot
at Battersea which (as well as any other Lands in separate
ownership within the four Counties except the Scites of Dwelling
Houses with their Appurtenances) may be taken at any time
under those Acts, is a Spot, in relation to which the pretium
affectionis has been found to operate (as it well might be expected
to
(d) Review etc. ut supra.
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see note 3 to letter 1392, vol. 6 |
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