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<note>24</note> | |||
<p>+</p> | |||
<p>have any weight when applied as precedents, or any authority <lb/> in this country in point of law, beyond the <lb/> individual instances which have respectively called <lb/> them firth, the moment those Magistrates had decided, <lb/> that the inhabitants of that <hi rend="underline">particular</hi> vicinity, <lb/> claiming relief against the proposed establishment <lb/> in question, on the vague ground of <hi rend="underline">vicinity</hi> <del>(for if <lb/> there had been any thing like continuity it might have <lb/> been a different case)</del> were not <sic>intitled</sic> to such relief,<lb/> it became law, that not only in <hi rend="underline">that</hi> vicinity, but in every <hi rend="underline">other</hi><lb/> vicinity, persons claiming relief against a similar <lb/> establishment on the mere ground of vicinity, have <lb/> no title to relief: and that a Minister who, after <lb/> notice given him of such decision, should, upon <lb/> the mere ground of vicinity take upon him to give <lb/> such relief, would, (except so far forth as, in the present <lb/> instance in particular, he may stand justified <lb/> by the recent Act of Parliament) act unconstitutionally <lb/> and against law.</p> | |||
<p>In vain would it be urged, that, though the persons <lb/> commissioned for that purpose happened to be <lb/> persons standing already invested with the character <lb/> of Judges, they did not act as such, they did not <lb/> act in their judicial character, nor according to judicial <lb/> forms; and that therefore there particular <add>decision</add> </p> | |||
24
+
have any weight when applied as precedents, or any authority
in this country in point of law, beyond the
individual instances which have respectively called
them firth, the moment those Magistrates had decided,
that the inhabitants of that particular vicinity,
claiming relief against the proposed establishment
in question, on the vague ground of vicinity (for if
there had been any thing like continuity it might have
been a different case) were not intitled to such relief,
it became law, that not only in that vicinity, but in every other
vicinity, persons claiming relief against a similar
establishment on the mere ground of vicinity, have
no title to relief: and that a Minister who, after
notice given him of such decision, should, upon
the mere ground of vicinity take upon him to give
such relief, would, (except so far forth as, in the present
instance in particular, he may stand justified
by the recent Act of Parliament) act unconstitutionally
and against law.
In vain would it be urged, that, though the persons
commissioned for that purpose happened to be
persons standing already invested with the character
of Judges, they did not act as such, they did not
act in their judicial character, nor according to judicial
forms; and that therefore there particular decision
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Identifier: | JB/118/091/002"JB/" can not be assigned to a declared number type with value 118. |
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118 |
panopticon |
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091 |
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002 |
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copy/fair copy sheet |
4 |
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recto |
f23 / f24 / f25 / f26 |
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39145 |
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