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Art. 1. §. 3. Mr Soll. Gen on looking a second time on the passage in
It appearance the the draught well refined in a certain sense
the ground in question can not have been "procured"
the procuring of it being the object of an instrument
which (as stated) (as that recited) is not yet executed, but remains to be executed
on the same day with this Contract. This gives it It could not be procured
without a feoffee to procure it: and the Treasury though pressed did not think
fit to execute the instrument recited appoint anyone of a feoffee till the Contract should be ready for execution.
This Contract is therefore humbly presumed should prayed must be cancelled, All that
is lest their Lordships or Mr White may be led by it to doubt whether, for want of the Lands having
been already procured the contract can be now executed. All that Mr B. has been able to
could hitherto have been get done towards the procurement of the Ground is the fixing upon the spot
in question, i:e: the formation forming of the to fix determination of fixing
upon that spot executing upon that spot to execute a proper instrument announcing
in form "to all men" the having fixed upon that spot, and
appointing a feoffee accordingly for the purpose of procuring it.
Such determination was accordingly formed and announced
to Mr Bentham six or seven months ago, and an instrument
prepared accordingly and engrossed by Mr White after revision by Mr Atty General by order
of government from the Treasury which and and lies at the Treasury there ready to be signed whenever this Contract
shall be ready for signature.
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