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<p>between the spot in question and what other? — not any <lb/> other whatsoever; but any other which shall be as <hi rend="underline">convenient</hi><lb/> and <hi rend="underline">proper</hi>. As to the word <hi rend="underline">proper</hi>, it seems<lb/> to have reference principally, if not exclusively, to the <lb/> public service. But to be <hi rend="underline">as convenient</hi>, the new spot<lb/> must be as convenient as the old one to all parties: <lb/> it must be as convenient not only to the <hi rend="underline">public</hi>,<lb/> which is one party, but to your Memorialist who<lb/> alone is, and was, looked to as the other. But no other<lb/> spot, equally convenient to your Memorialist, <hi rend="underline">is</hi><lb/> to be had under the Act. This your Memorialist, after<lb/> the maturest examination is fully persuaded of, and <lb/> if necessary, is ready to prove to your Lordships, as<lb/> far as a negative, and such a negative, can be proved. <lb/> But here surely averment to an individual, being of full <lb/> age & ordinary discretion, who but that individual<lb/> shall judge?</p> | <p>between the spot in question and what other? — not any <lb/> other whatsoever; but any other which shall be as <hi rend="underline">convenient</hi><lb/> and <hi rend="underline">proper</hi>. As to the word <hi rend="underline">proper</hi>, it seems<lb/> to have reference principally, if not exclusively, to the <lb/> public service. But to be <hi rend="underline">as convenient</hi>, the new spot<lb/> must be as convenient as the old one to all parties: <lb/> it must be as convenient not only to the <hi rend="underline">public</hi>,<lb/> which is one party, but to your Memorialist who<lb/> alone is, and was, looked to as the other. But no other<lb/> spot, equally convenient to your Memorialist, <hi rend="underline">is</hi><lb/> to be had under the Act. This your Memorialist, after<lb/> the maturest examination is fully persuaded of, and <lb/> if necessary, is ready to prove to your Lordships, as<lb/> far as a negative, and such a negative, can be proved. <lb/> But here surely averment to an individual, being of full <lb/> age & ordinary discretion, who but that individual<lb/> shall judge?</p> | ||
<p>A situation, in itself not equally convenient, might, <lb/> as far as pecuniary advantage is included in the idea<lb/> of convenience, be rendered equally convenient, by a pecuniary<lb/> compensation, given in proportion to the <lb/> want of intrinsic convenience. But out of whose<lb/> pocket, but that of the public, would such compensation<lb/> have to come? Any such other situation then</ | <p>A situation, in itself not equally convenient, might, <lb/> as far as pecuniary advantage is included in the idea<lb/> of convenience, be rendered equally convenient, by a pecuniary<lb/> compensation, given in proportion to the <lb/> want of intrinsic convenience. But out of whose<lb/> pocket, but that of the public, would such compensation<lb/> have to come? Any such other situation then<lb/><add>would</add></p> | ||
<add>would</add> | |||
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between the spot in question and what other? — not any
other whatsoever; but any other which shall be as convenient
and proper. As to the word proper, it seems
to have reference principally, if not exclusively, to the
public service. But to be as convenient, the new spot
must be as convenient as the old one to all parties:
it must be as convenient not only to the public,
which is one party, but to your Memorialist who
alone is, and was, looked to as the other. But no other
spot, equally convenient to your Memorialist, is
to be had under the Act. This your Memorialist, after
the maturest examination is fully persuaded of, and
if necessary, is ready to prove to your Lordships, as
far as a negative, and such a negative, can be proved.
But here surely averment to an individual, being of full
age & ordinary discretion, who but that individual
shall judge?
A situation, in itself not equally convenient, might,
as far as pecuniary advantage is included in the idea
of convenience, be rendered equally convenient, by a pecuniary
compensation, given in proportion to the
want of intrinsic convenience. But out of whose
pocket, but that of the public, would such compensation
have to come? Any such other situation then
would
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Identifier: | JB/118/093/002"JB/" can not be assigned to a declared number type with value 118. |
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118 |
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093 |
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002 |
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copy/fair copy sheet |
4 |
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recto |
f31 / f32 / f33 / f34 |
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39147 |
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