JB/123/195/001

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That case is so much stronger a one than the present, that the
precedent, though direct in its application as well to powers as to parties,
might be admitted to be a bad one without prejudice to the present Bill.
for here the benefit is surely in every dimension more extensive, and
there without a hundreth part of the hardship.

As to the Commoners, (that is the Inhabitants of the united Parishes
considered in their capacity of Commoners) it may easily be conceived,
that there will be some individuals to whom the right in question is
more valuable that it is to others, and that therefore they may be —
proportionably losers by a plan of compensation, which applies not to
the accidental circumstance of making a greater or less advantage of
the right, but to the right itself. A Butcher for example, who happens
to be established in the near vicinity of the Waste, may find in the
convenience of turning in his Cattle to cool after their Journey and
before slaughtering, an advantage in which his neighbour the Grocer
or the Tallow Chandler has no share (f). But these are contingencies by
which the value of right of property is liable to be affected in every
situation and if these were admitted as conclusive arguments against
forced mutations of property applied for on the ground of a greater mass
of benefit to be reaped by the public at large, no Act for the widening
of Streets and improvement of Towns, no Road Act, no Canal Act, would
ever be passed. These are Cases which as often as they occur afford
matter of regret; but are never regarded as affording matter of
peremptory objection. Compensation is applied as far as it can be
applied; and where it cannot the damage (which in the present
instance cannot surely amount to much is to any thing) is regretted
without being compensated.

It will hardly (it should seem) be contended that the creation
of a perpetuity and that too in favor of Waste and desolation, would
in this instance any more than in any other, be a fit object for

(f) As far as mere airing room that is standing or lying room, is concerned
the portion not proposed to be purchased viz: the 4 or 5 Acres behind
Rochester Row would afford ample space to greater numbers than have
ever yet been turned in upon the whole Waste; and in point of
food, the herbage of the whole Waste can be no object to the Cattle-holders
at present. —

(10)

Identifier: | JB/123/195/001"JB/" can not be assigned to a declared number type with value 123.
Date_1		Marginal Summary Numbering
Box	123	Main Headings	panopticon
Folio number	195	Info in main headings field
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c10
Penner		Watermarks	[[watermarks::gr [crown motif] [britannia with shield motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	41621
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