JB/550/289/002

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To refuse the Contractor that would scarcelythe contract the benefit of the valeat quantum valere potest would be
be to allow – to or pledged by be consistent with good faith. it had been the terms
inconsistent as already observed with the undertaking on this behalf as
a good one, and under the faith of which the Contractor he
apparent on the face of the Draught. Such being the terms in
the faith of which he has laid out his money, if they those terms could not otherwise
be carried into effect, government would therefore stand bound (as he conceives)
in point of good faith to apply, at his instance for new a fresh Act of
Parliament to overcome the difficulty. He is content
at his own risk to waive the putting 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.

It would be inconsistent with good faith The refusal would be an injustice in another
point of view: it would be making the individual
a sufferer by an a defect which was the act
of Government. The Act of 1794 was penned in great haste,
to save a system which was on the point of being lost
by delays on the part of government. It was penned
by the Agent of government and from imperfect instructions:
no sufficient opportunity having been given to Mr B. to say how
whether far it answered his purpose or his conception of what quadrated with his conceptions.⊞1 ⊞1 Being indulged
with the hearing (not the reading)
of one one clause, to
which had
it stood would
have given means
to up the
whole business he got
an alteration or
two made in it
as a great favour
and at a great
risk.2
⊞2 This was all
the indulgence
which under the
hurry in question
he would venture
to apply for, and
even th in applying
even for this he ventured
to act against
advice. have agreed. In refusing to do what would be done towards
repairing a flaw thus left there by the act of government, government would
in taking advantage of its own

Identifier: | JB/550/289/002 "JB/" can not be assigned to a declared number type with value 550.
Date_1		Marginal Summary Numbering
Box	550	Main Headings
Folio number	289	Info in main headings field
Image	002	Titles
Category		Number of Pages
Recto/Verso		Page Numbering
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number
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