JB/095/079/002

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Qualification. III

A specific penalty over an above damages &
costs might then be to the party grieved
by acting in bona fide under an order thus
declared rendered invalid.

It is scarce necessary to observe, that

for rendering the invalidation
admissible
The contrivance here
we may perceive, is
nothing more than
substituting

a fact easily in the room of one difficulty
ascertainable as the condition sine quea non of the
validity of their transactions

To make the Acts of a Meeting absolutely void by the intrusion
of an unqualified person should be productive

To make the validity of the acts of a transactions of every depend
in every case upon a number collection of facts so obscure & unascertainable
as the due qualification of the every
person present at it, would be productive of infinite
confusion

viz. before the time
when for acting under
the &c

To make the validity of the acts of such a
meeting at which in the case of their being the bare quorum necessary including
the intruder if present, depend upon the same condition would be productive
of similar confusion in a tho' less degree <add> frequent:

which some might
be apt to think is
actually done by the
Act as it is worded.

To make the validity of the transactions in either case
depend ever upon the part of the having
been taken & subscribed by every one, might be
thought [rather too] too hazardous, without
more method more certain & expeditious the adoption
same method more secure & expeditious for</del. of ascertaining
it, which, like that above proposed,
shall be at once expeditious & secure.

By this means
they may make
certain, of least,
of all the security
the Acts can
give

I cannot must not conclude th my the observations on this part
of the Act, tedious as they may be, without recapitulating calling to mind a few doubts
which seem to require the solution of to be settled the Legislature Qualified or
capable ...).
that I may not to avoid entering he
note
[+] I shall will not I may content myself with stating
them, without attempting their solution, either
upon the footing of the Act as it stands at present
or by proposing any additions for the purpose.

<note> Upon these words
a few doubts may
arise, the solution
to which is not so
obvious, but that it
might be of use
to give it <add> that it should be given by the
Legislature</note>

1. Whether a Interest a real subject</del. Man who having once had a
the proper qualification & having taken & subscribed the
Oath accordingly, loses it acts after he has
ceased to have it, becomes obnoxious to the .

2. Whether the Cor trustees have any power to
exclude those of their number who refuse to take
& subscribe the Oath. If not what is the force of the
word capable ?

Identifier: | JB/095/079/002"JB/" can not be assigned to a declared number type with value 95.
Date_1		Marginal Summary Numbering	not numbered
Box	095	Main Headings
Folio number	079	Info in main headings field	qualification iii
Image	002	Titles
Category	text sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [lion with vryheyt motif]]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	30965
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