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<p>14 March 1813 + 2<del>3</del>5<lb/><sic>Panopt.</sic> Compensation Claim <note>III Contract<lb/>§.7. Other rates</note><lb/>(9) 9 <note>Observations</note></p> <p><Add>These, (it may be said) are but <hi rend="underline">theory</hi>: where <del>what</del> has been<lb/>your <hi rend="underline">practice</hi>? — My practice has been <del>what</del> where the practice of any<lb/>man would be, who, having been engaged by a master to <del>perform</del> go through a specified<lb/><del>la</del> course of labour for a stipulated length of time, should by the <!-- continues in margin --> irresistible power of<lb/>that same master, have<lb/>been kept with his<lb/>hands tied behind him<lb/>for the whole of that<lb/>length of time. In any such<lb/><del>a</del> case would it, in the<lb/>mouth of the master<lb/>be a good plan to say<lb/>to the <del>intended</del> servant<lb/>Nay — but you have<lb/>done nothing? In<lb/><del>such a</del> any such case <del>in them<lb/><del>may their favour</del> to the prejudice of<lb/>the <del>master</del> Servant is there<lb/>any thing that ought<lb/>to be <hi rend="underline">presumed</hi>?<lb/>In favour of the known<lb/>is there any thing <lb/>that ought <hi rend="underline">not</hi> to be<lb/>presumed? Take<lb/>the most successful<lb/>manager that ever<lb/>existed; — there was a<lb/>time when all he<lb/>could have said or<lb/>written upon the subject<lb/>would<lb/>have been<lb/>but <hi rend="underline">theory</hi>: there<lb/>was a time where<lb/>he had had no<lb/>practice. |<!-- paragraph mark --></add></p> <p>For the purpose of fixing the sum, neglecting<lb/>altogether <del>the only one</del> <add>that</add> which <del>I could</del> consistently<lb/>with truth I could not but state, <add>and on the specific grounds above stated</add> as the lowest<lb/>which <del><gap/></del> were the appearance of probability in<lb/>my eyes, if, for the mere purpose of fixing the<lb/>sum proper to be awarded to me, <del>they</del> <add>my Arbitrators</add> were to put<lb/>in hotchpot the highest and the lowest of these three<lb/><add>last</add> Rates of Profit, the <del>profit</del> Rates of profit deduced<lb/>from the evidence of the <add>two</add> Magistrates in question<lb/>viz the £251,125:0<hi rend="superscript">s</hi>:0<hi rend="superscript">d</hi>, and the £23,438:10:10,<lb/>taking accordingly for the sums to be <del>paid</del> <add>awarded</add> to me the<lb/><del>difference</del> <add>medium</add> between those two sums — <add>viz. £137,281:15s:3d — </add> in such case<lb/>though I could not with truth speak of it as<lb/><del>a sum equal to what that which, considered in<lb/>the abstract</del> a sum approaching by <del>many</del> <add>some <del>several</del></add> hundred<lb/>thousands to the <del><gap/></del> <add>minimum</add> of what could with<lb/>propriety be termed <add>"<hi rend="underline">compensation</hi>" — though instead of "<hi rend="underline">liberal</hi>" it were <del><gap/></del> but</add> for my<lb/>"loss and damage by <add>non</add> fulfilment of the contract",<lb/>I could however speak of it, as not only exceeding<lb/>my own most sanguine expectations, but as even<lb/>going beyond what in their situation I should<lb/><del>considering the circumstances above stated, be</del> <add>on consideration of the circumstances on that behalf stated feel myself</add> disposed<lb/> to give. <hi rend="superscript">(a)</hi> <note>(a) Note in the<lb/>next pages</note></p> <p>Thus much <add>in respect of capacity for management</add> concerning the Claimant, <add>taken by</add> himself.<lb/>But for <del>his</del> assistance in so far as any such assistance<lb/>should have been found necessary, he would have had<lb/>that of his abovementioned Brother, whose claim <del>by</del> has,<lb/>by release, been consolidated with his own, and <del>by</del> under whose<lb/><add>management</add> <lb/><!-- continues in margin -->management, on<lb/>and by one great<lb/>work out of a considerable<lb/>number, altogether<lb/>forming but a<lb/>small part of the aggregate<lb/>mass of the object<lb/>of his case, a <add>real</add> saving<lb/>to government to the<lb/><!-- continues along the edge of the page --> amount of about £40,000 a year, <del>will a little further on require to be</del> <add>has been already</add> mentioned, and the proof referred <del>given</del> to.</p> | |||
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14 March 1813 + 235
Panopt. Compensation Claim III Contract
§.7. Other rates
(9) 9 Observations
These, (it may be said) are but theory: where what has been
your practice? — My practice has been what where the practice of any
man would be, who, having been engaged by a master to perform go through a specified
la course of labour for a stipulated length of time, should by the irresistible power of
that same master, have
been kept with his
hands tied behind him
for the whole of that
length of time. In any such
a case would it, in the
mouth of the master
be a good plan to say
to the intended servant
Nay — but you have
done nothing? In
such a any such case in themmay their favour to the prejudice of
the master Servant is there
any thing that ought
to be presumed?
In favour of the known
is there any thing
that ought not to be
presumed? Take
the most successful
manager that ever
existed; — there was a
time when all he
could have said or
written upon the subject
would
have been
but theory: there
was a time where
he had had no
practice. |
For the purpose of fixing the sum, neglecting
altogether the only one that which I could consistently
with truth I could not but state, and on the specific grounds above stated as the lowest
which were the appearance of probability in
my eyes, if, for the mere purpose of fixing the
sum proper to be awarded to me, they my Arbitrators were to put
in hotchpot the highest and the lowest of these three
last Rates of Profit, the profit Rates of profit deduced
from the evidence of the two Magistrates in question
viz the £251,125:0s:0d, and the £23,438:10:10,
taking accordingly for the sums to be paid awarded to me the
difference medium between those two sums — viz. £137,281:15s:3d — in such case
though I could not with truth speak of it as
a sum equal to what that which, considered in
the abstract a sum approaching by many some several hundred
thousands to the minimum of what could with
propriety be termed "compensation" — though instead of "liberal" it were but for my
"loss and damage by non fulfilment of the contract",
I could however speak of it, as not only exceeding
my own most sanguine expectations, but as even
going beyond what in their situation I should
considering the circumstances above stated, be on consideration of the circumstances on that behalf stated feel myself disposed
to give. (a) (a) Note in the
next pages
Thus much in respect of capacity for management concerning the Claimant, taken by himself.
But for his assistance in so far as any such assistance
should have been found necessary, he would have had
that of his abovementioned Brother, whose claim by has,
by release, been consolidated with his own, and by under whose
management
management, on
and by one great
work out of a considerable
number, altogether
forming but a
small part of the aggregate
mass of the object
of his case, a real saving
to government to the
amount of about £40,000 a year, will a little further on require to be has been already mentioned, and the proof referred given to.
Identifier: | JB/122/421/001"JB/" can not be assigned to a declared number type with value 122. |
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1813-05-11 |
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122 |
Panopticon |
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421 |
Panopt. Compensation Claim |
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001 |
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Text sheet |
1 |
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Recto"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property. |
C9 / D26 / E9 |
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JOHN DICKINSON & C<…> 1809 |
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A. Levy |
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1809 |
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001 |
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