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<p>Memorialist humbly apprehends, no sort of difference.<lb/>So far as any such investment took place<lb/>previously to the aforesaid decision of the 12 Judges,<lb/>the complainant stands precluded by a decision pronounced<lb/>against himself. So far as such investment<lb/>took place subsequently to such decision, he and all<lb/> similar complainants, at least in respect of the<lb/>neighbourhood and spot in question, stand equally<lb/>precluded, <add>and that</add> not only by the <hi rend="underline">principle</hi> of the decision,<lb/>but, even here, by that very <hi rend="underline">individual</hi> decision<lb/>itself. They were told by that decision, and told beforehand,<lb/>that, whatever might be thought by the neighbourhood,<lb/>an establishment for that purpose was<lb/>not deemed by the 12 Judges a nuisance; or at<lb/>least such a nuisance, against which a neighbourhood,<lb/>and in particular that neighbourhood, had<lb/>any title to be relieved.</p> | |||
<p>In vain would it be urged, that the number of<lb/>persons exposed to its influence was not so great then<lb/>as it is become now: and that therefore, although<lb/> the nuisance was not, in respect of the number<lb/>of persons & quantity of property affected by it, arrived<lb/>at <hi rend="underline">that</hi> time <del>to</del> <add>at</add> such a height as to create a<lb/>title to relief against itself, it does not follow but<lb/>that it may have arrived at such a pitch by<lb/> <hi rend="underline">this</hi> time. — In vain: since in the first place <lb/><add>it</add></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
Memorialist humbly apprehends, no sort of difference.
So far as any such investment took place
previously to the aforesaid decision of the 12 Judges,
the complainant stands precluded by a decision pronounced
against himself. So far as such investment
took place subsequently to such decision, he and all
similar complainants, at least in respect of the
neighbourhood and spot in question, stand equally
precluded, and that not only by the principle of the decision,
but, even here, by that very individual decision
itself. They were told by that decision, and told beforehand,
that, whatever might be thought by the neighbourhood,
an establishment for that purpose was
not deemed by the 12 Judges a nuisance; or at
least such a nuisance, against which a neighbourhood,
and in particular that neighbourhood, had
any title to be relieved.
In vain would it be urged, that the number of
persons exposed to its influence was not so great then
as it is become now: and that therefore, although
the nuisance was not, in respect of the number
of persons & quantity of property affected by it, arrived
at that time to at such a height as to create a
title to relief against itself, it does not follow but
that it may have arrived at such a pitch by
this time. — In vain: since in the first place
it
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Identifier: | JB/118/090/004"JB/" can not be assigned to a declared number type with value 118. |
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118 |
panopticon |
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090 |
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004 |
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copy/fair copy sheet |
4 |
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recto |
f19 / f20 / f21 / f22 |
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39144 |
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