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<note>36.<lb/> Fixing on the old<lb/> spot <hi rend="underline">instanter</hi> could<lb/> prejudice nobody, as<lb/> it would conclude<lb/> nobody</note> | |||
<p>Could it still be a matter of doubt, whether your<lb/> Lordships would finally see reason, to make the choice<lb/> here prayed for, your Lordships would not the less see<lb/> reason, as your Memorialist humbly conceives, to take<lb/>measures, to the same effect, <hi rend="underline"><foreign>de bene esse</foreign></hi>: to wit by<lb/> fixing you the old spot, and making appointment of<lb/>your Memorialist in quality of feoffee to <del>treat</del> for it.<lb/> For were the prayer of your Memorialist in this behalf<lb/> to be complied with this very day, in no event could<lb/> any prejudice result to any body: till the money be<lb/> paid in to the use of the Proprietors, no Land can be <lb/> taken possession of: so that to the instant of your<lb/> Memorialist receiving the money at the Exchequer, your <lb/> Lordships would remain Masters of the choice. If on<lb/> the other hand, after all sources of delay had been<lb/> exhausted, your Lordships should see reason to confirm<lb/>the choice, then no sooner had your Lordships recognized<lb/> the necessity of such decision, than you would see the<lb/> insufficiency of it to the purposes of justice. A delay, no<lb/> one can say to what amount, would have taken<lb/> place, in regard to a measure, which ought to have<lb/> been taken immediately: an injury would thereby be seen<lb/> to have been inflicted, for which no compensation can be<lb/> made. —</p> | |||
<note>37.<lb/> Appearance of<lb/>undue influence<lb/> which would result from the<lb/> rejection of the<lb/> existing choice.</note> | |||
<p>One consideration is yet behind, which, if your<lb/>Memorialist could apprehend, that after what has been<lb/> submitted to your Lordships, your Lordships could refuse<lb/> or (what would soon come to the same thing) <hi rend="underline">defer</hi><lb/> compliance with this his humble application, would at <lb/> least be sufficient to render him confident, that your<lb/>Lordships would not take either course, at least without<lb/> the assignment of some distinct and specific reason for so</p> | |||
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36.
Fixing on the old
spot instanter could
prejudice nobody, as
it would conclude
nobody
Could it still be a matter of doubt, whether your
Lordships would finally see reason, to make the choice
here prayed for, your Lordships would not the less see
reason, as your Memorialist humbly conceives, to take
measures, to the same effect, de bene esse: to wit by
fixing you the old spot, and making appointment of
your Memorialist in quality of feoffee to treat for it.
For were the prayer of your Memorialist in this behalf
to be complied with this very day, in no event could
any prejudice result to any body: till the money be
paid in to the use of the Proprietors, no Land can be
taken possession of: so that to the instant of your
Memorialist receiving the money at the Exchequer, your
Lordships would remain Masters of the choice. If on
the other hand, after all sources of delay had been
exhausted, your Lordships should see reason to confirm
the choice, then no sooner had your Lordships recognized
the necessity of such decision, than you would see the
insufficiency of it to the purposes of justice. A delay, no
one can say to what amount, would have taken
place, in regard to a measure, which ought to have
been taken immediately: an injury would thereby be seen
to have been inflicted, for which no compensation can be
made. —
37.
Appearance of
undue influence
which would result from the
rejection of the
existing choice.
One consideration is yet behind, which, if your
Memorialist could apprehend, that after what has been
submitted to your Lordships, your Lordships could refuse
or (what would soon come to the same thing) defer
compliance with this his humble application, would at
least be sufficient to render him confident, that your
Lordships would not take either course, at least without
the assignment of some distinct and specific reason for so
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Identifier: | JB/118/065/001"JB/" can not be assigned to a declared number type with value 118. |
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36-37 |
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118 |
panopticon |
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065 |
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001 |
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copy/fair copy sheet |
2 |
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recto |
f45 / f46 |
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[[watermarks::[britannia with shield emblem]]] |
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patrick colquhoun |
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see note to letter 988, vol. 5 |
39119 |
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