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Supplemental Observations 3
To refuse the Contractor the benefit of the valeat
quantum valere potest — would be inconsistent (as already
observed) with the undertaking in this behalf apparent
on the face of the draught. Such being the terms,
on the faith of which he has laid out his money, if
those terms could not otherwise be carried into effect,
Government would therefore stand bound (he conceives)
in point of good faith, to apply, at his instance,
for a fresh Act of Parliament to overcome the difficulty.
He is content at his own rush to waive the
putting of them to any such trouble: but under that
circumstance, surely, the least they could do would be
to give him the chance he prays for.
The refusal would be an injustice in another point of
view: it would be making the individual a sufferer by
a defect of which was the act of Government. The
Act of 1794 was penned in great haste, to save a
Session which was on the point of being lost by delays
on the part of Government. It was penned by the
Agent of Government & from imperfect instructions:
no sufficient opportunity having been given to Mr B
to say how far it quadrated with his conceptions. Being
indulged with the hearing (not the reading) of one
clause, which had it stood would have gone near to knock
up the whole business, he got an alteration or two
made in it currente calamo as a great favour & at a great
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Identifier: | JB/550/283/001 "JB/" can not be assigned to a declared number type with value 550.
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