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<p>any weight when applied as precedents, or any<lb/> | |||
authority in this Country in point of law, beyond<lb/> | |||
the individual instances which have respectively<lb/> | |||
called them forth, the moment those Magistrates<lb/> | |||
had decided, that the Inhabitants of that <hi rend="underline">particular</hi><lb/> | |||
vicinity, claiming relief against the proposed<lb/> | |||
establishment in question, on the vague ground<lb/> | |||
of <hi rend="underline">vicinity</hi>, were not entitled to such relief, it became<lb/> | |||
law, a rule of law, and a general rule of law, that<lb/> | |||
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 Notice<lb/> | |||
given him of such decision, should, upon<lb/> | |||
the mere Ground of Vicinity, take upon him<lb/> | |||
to give such relief, would, (except so for forth as,<lb/> | |||
in the present instance in particular,he may<lb/> | |||
stand justified by the recent Act of Parliament) act<lb/> | |||
uncontitutionally and against law.</p> | |||
<p>In vain would it be urged, that, though the<lb/> | |||
persons Commissioned for that purpose happened to<lb/> | |||
be persons standing already invested with the<lb/> | |||
Character of Judges, they did not act as such, they<lb/> | |||
did not act in their Judicial character, nor according to<lb/> | |||
judicial forms; and that therefore their particular<lb/> | |||
decision | |||
</p> | |||
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 forth, 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, were not entitled to such relief, it became
law, a rule of law, and a general rule of 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 for forth as,
in the present instance in particular,he may
stand justified by the recent Act of Parliament) act
uncontitutionally 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 their particular
decision
Identifier: | JB/118/054/002"JB/" can not be assigned to a declared number type with value 118. |
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118 |
panopticon |
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054 |
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002 |
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copy/fair copy sheet |
2 |
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recto |
f23 / f24 |
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[[watermarks::[britannia with shield emblem]]] |
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patrick colquhoun |
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see note to letter 988, vol. 5 |
39108 |
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