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<p> ff.3. First branch of the damage - Loss by <hi rend="underline">Capital</hi><lb/>expanded.</p><p>As the <hi rend="underline">profit,</hi> <sic>expectable</sic> from the system of <hi rend="underline">mechanical</hi><lb/><hi rend="underline">inventions,</hi> was <hi rend="underline">in part consolidated,</hi> as will be seen with the <lb/>profit <sic>expectable</sic> from the <hi rend="underline">fulfilment if the Contract</hi> respecting <lb/> the maintenance and employment of Convicts, and the damage by <lb/>loss of this first mentioned mass of profit thereby <hi rend="underline"><foreign>pro tanto</foreign> merged</hi> <lb/>in the damage by loss of the <hi rend="underline">other,</hi> so the <hi rend="underline">first</hi> branch of <hi rend="underline">damage</hi>, viz.<lb/>damage by the <hi rend="underline">consumption</hi> of the said <hi rend="underline">capital</hi>, may be considered as <lb/>being, in the like manner, <hi rend="underline">merged</hi> in the <hi rend="underline">second</hi> branch, viz. <hi rend="underline">profit</hi><lb/><sic>expectable</sic> <hi rend="underline">upon the same capital</hi>, from the private manufacturing <lb/>concern; or, at any rate, in <hi rend="underline">that</hi> & the above mentioned <hi rend="underline">third</hi> branch<lb/>of damage, viz. loss and damage by reason of the <hi rend="underline">non fulfilment of the</hi> <lb/><hi rend="underline">said contract</hi> put together.</p> <p>If it should appear, that, in respect of the Contract, thus <lb/>combined, as it wil be seen to have been, with the aforesaid manufacturing<lb/> concern, a mass of profit might, on reasonable grounds, have been <lb/>expected to an amount exceeding the greatest, which, all things considered<lb/>the Lords Commissioners of the Treasury would, <hi rend="underline">notwithstanding<lb/><hi rend="underline">the terms of the Act</hi> be likely to regard themselves as warranted in <lb/>paying, even though called upon so to do by an Award, made by my <lb/>said Arbitrators, in direct pursuance to the said Act - in that event<lb/>all enquiry into the amount of capital expended, or otherwise consumed, <lb/>would, it is supposed, be regarded by them as so much labour expended <lb/> to no use.</p><p> This considered, I shall therefore for the present and unless <lb/>and until it be otherwise required of me, forbear to give them <lb/>any trouble on the head of this <hi rend="underline">first</hi> branch of the damage: stating<lb/>only the sum of £12,000 more or less expended or otherwise necessarily <lb/> consumed in the years 1791, 1792, 1793, 1794 & 1795 upon </p> <add>or</add><!-- DO NOT EDIT BELOW THIS LINE --> | |||
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ff.3. First branch of the damage - Loss by Capital
expanded.
As the profit, expectable from the system of mechanical
inventions, was in part consolidated, as will be seen with the
profit expectable from the fulfilment if the Contract respecting
the maintenance and employment of Convicts, and the damage by
loss of this first mentioned mass of profit thereby pro tanto merged
in the damage by loss of the other, so the first branch of damage, viz.
damage by the consumption of the said capital, may be considered as
being, in the like manner, merged in the second branch, viz. profit
expectable upon the same capital, from the private manufacturing
concern; or, at any rate, in that & the above mentioned third branch
of damage, viz. loss and damage by reason of the non fulfilment of the
said contract put together.
If it should appear, that, in respect of the Contract, thus
combined, as it wil be seen to have been, with the aforesaid manufacturing
concern, a mass of profit might, on reasonable grounds, have been
expected to an amount exceeding the greatest, which, all things considered
the Lords Commissioners of the Treasury would, notwithstanding
<hi rend="underline">the terms of the Act be likely to regard themselves as warranted in
paying, even though called upon so to do by an Award, made by my
said Arbitrators, in direct pursuance to the said Act - in that event
all enquiry into the amount of capital expended, or otherwise consumed,
would, it is supposed, be regarded by them as so much labour expended
to no use.
This considered, I shall therefore for the present and unless
and until it be otherwise required of me, forbear to give them
any trouble on the head of this first branch of the damage: stating
only the sum of £12,000 more or less expended or otherwise necessarily
consumed in the years 1791, 1792, 1793, 1794 & 1795 upon
or
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