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Draught of Penitentiary Bill 26 Decr: 1796
Reasons
why the existing Act (7 July 1794) can not (it
is humbly apprehended) be safely taken for the
basis of the proceedings in relation to the taking
possession of the ground, without some such explanations
as are presented by Mr Butler's Draught,
as amended by the pencil marginal alterations
herewith submitted.
In the existing Act, every thing is made to
depend, in point of time, on the time of payment
into the Bank: and yet there is no time at
which a Feoffee can (it is apprehended) safely
make such payment (that is so as to render the
subsequent proceedings safe), since such payment
is not to be made untill a "default of agreement"
on the part of the landowner has taken place:
and no determinate period, expressed in number
days, is specified, at the expiration of which
such default shall be deemed to have taken place.⊞
⊞ It may be said indeed,
that if the time allowed to
the land-owner for deliberation,
(viz: for deliberating
whether he will sell or no,
and if he at whether for
the price offered) shall
be deemed a reasonable
one, the Entry grounded
on the "default of" such "agreement"
may be good:
but surely it would be a
perilous thing to make
the title to the land, &
consequently the existence
of the proposed establishment
depend upon an
ex-post-facto judgement
on the question whether
the time allowed by the
feoffee, for want of a
time's being specified in
and by the Act, was or
was not a reasonable one.
No such "default" in point "of agreement" can be said to
have taken place, till a proposal has been made
i:e: a requisition to convey, accompanied with the
offer or a price. Such offer being therefore necessary,
there seems no harm in empowering the Feoffee
to make the payment into the Bank at the same time,
and in the first instance: since such payment must
be made, sooner or later, before entry can be made:
and the making the time for payment paymen the same as the
as early as the time for making the proposal, which in the event
of
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