JB/123/234/001

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13

Case relative to the Tothill Fields Bill.

is applied, as far as it can be applied: and where it cannot,
the damage (which in the present instance, cannot surely
amount to much of any thing) is regretted without being compensated.

It will hardly (it should seem) be contended, that the creation
of a perpetuity, and that too in favor of Waste and desolation,
would in this instance, any more than in any other, be a
fit object for Parliament to propose to itself: yet such would be the
Judgment virtually involved, in any determination which should
regard the objection grounded on the supposed extraordinary value
of the Common right to the very small proportion of the Commoners,
as opposing a peremptory Bar to the Improvement of the Waste,
on the plan here proposed. If, even with the support of the Plea
of Public exigency, the Private Plea, grounded on the Interests
of the vast majority of the Commoners, is not strong enough to
outweigh the objection, much less will it be when standing alone,
as it would do in the instance of any plan of improvement
originating with, and confined in its object to the sole benefit of
the Commoners. If the two Pleas together are not strong enough,
much less can the weaker ever be when standing alone. —

As to pecuniary Compensation for the rights in question, either
they are susceptible of it, or they are not: if they are, they are as
susceptible of it on the present occasion as they can be on any
other; if they are unsusceptible of it, and the Circumstance of
their being so is to be considered as a conclusive Bar to their
being given up, then so long as it is considered in that light, the
Waste must remain a Waste, were it to the end of time. —

Were this Waste to be divided, like other Wastes, among all
the Commoners, in proportion to their respective quantities of Interest
(in the present instance in equal Shares) the quantity of divisible
Land, compared with the numbers of the Shares, would scarce
afford to each of them a Spot big enough to stretch himself
upon: and in that case the very expence of Fencing (to say nothing
of Draining) would of itself be more than sufficient to eat up the

Identifier: | JB/123/234/001"JB/" can not be assigned to a declared number type with value 123.
Date_1		Marginal Summary Numbering
Box	123	Main Headings	panopticon
Folio number	234	Info in main headings field	case relative to the tothill fields bill
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	f13 / f14
Penner		Watermarks	tw 1794
Marginals		Paper Producer	francis hall
Corrections		Paper Produced in Year	1794
Notes public	see note 3 to letter 1392, vol. 6	ID Number	41660
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