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<p>Memorialist humbly apprehends, no sort of difference<lb/> | |||
so far as any such investment took place previously<lb/> | |||
to the aforesaid decision of the twelve Judges,<lb/> | |||
the complainant stands precluded by a decision,<lb/> | |||
pronounced against himself: so far as such .....<lb/> | |||
investment took place subsequently to such decision,<lb/> | |||
he and all similar complainants, at least in respect<lb/> | |||
of the neighbourhood and spot in question, stand<lb/> | |||
equally precluded; and <hi rend="underline">that</hi>, not only by the <hi rend="underline">principle</hi><lb/> | |||
of the decision, but, even here, by that very <hi rend="underline">individual</hi><lb/> | |||
decision itself. They were told by that decision, and told<lb/> | |||
before hand, that whatever might be thought by the<lb/> | |||
Neighbourhood, an establishment fot that purpose<lb/> | |||
was not deemed by the 12 Judges a nuisance; or at<lb/> | |||
least such a nuisance, against which a neighbour<lb/> | |||
hood, and in particular that neighbourhood, had<lb/> | |||
any title to be achieved.</p> | |||
<p>In vain would <add>it</add> be urged, that the number of<lb/> | |||
persons exposed to its influence was not so great then<lb/> | |||
as it is become now: And that therefore, although<lb/> | |||
the nuisance was not, in respect to the number of<lb/> | |||
Persons and quantity of property affected by it,<lb/> | |||
arrived, at <hi rend="underline">that</hi> time, at such a Height as to create<lb/> | |||
a title to relief against itself, it does not follow<lb/> | |||
but that it may have arrived at such a pitch by<lb/> | |||
<hi rend="underline">this</hi> time. In vain: since in the first place it<lb/> | |||
<add>would</add></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} |
Memorialist humbly apprehends, no sort of difference
so far as any such investment took place previously
to the aforesaid decision of the twelve Judges,
the complainant stands precluded by a decision,
pronounced against himself: so far as such .....
investment took place subsequently to such decision,
he and all similar complainants, at least in respect
of the neighbourhood and spot in question, stand
equally precluded; and that, not only by the principle
of the decision, but, even here, by that very individual
decision itself. They were told by that decision, and told
before hand, that whatever might be thought by the
Neighbourhood, an establishment fot that purpose
was not deemed by the 12 Judges a nuisance; or at
least such a nuisance, against which a neighbour
hood, and in particular that neighbourhood, had
any title to be achieved.
In vain would it be urged, that the number of
persons exposed to its influence was not so great then
as it is become now: And that therefore, although
the nuisance was not, in respect to the number of
Persons and quantity of property affected by it,
arrived, at that time, at such a Height as to create
a title to relief against itself, it does not follow
but that it may have arrived at such a pitch by
this time. In vain: since in the first place it
would
Identifier: | JB/118/053/002"JB/" can not be assigned to a declared number type with value 118. |
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118 |
panopticon |
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053 |
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002 |
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copy/fair copy sheet |
2 |
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recto |
f21 / f22 |
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coles |
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patrick colquhoun |
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see note to letter 988, vol. 5 |
39107 |
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