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<p><del>It appears to me difficult if not | <head>Draught</head> | ||
<note>Observations</note> | |||
<p><del>It appears to me difficult if not impracticable</del><lb/> | |||
<del>to</del></p> | <del>to</del></p> | ||
<note>The faculty of having<lb/> | |||
reference to<lb/> | |||
The compulsory | The compulsory proceeds<lb/> | ||
<del><gap/></del> is | <del><gap/></del> is made to depend<lb/> | ||
on the payment into<lb/> | on the payment into<lb/> | ||
the Bank</note | the Bank</note> | ||
<p>1. Because no <add>determine</add> time is specified as the time at<lb/> | <p>The clause in the existing Act §6 appears <lb/> | ||
<del>be</del> inadequate to the purpose for the following reasons.<lb/> | |||
1. Because no <add>determine</add> time is specified as the time at<lb/> | |||
which the default of such agreement shall be understood<lb/> | which the default of such agreement shall be understood<lb/> | ||
to have commenced <add>taken place</add>, and yet it is not untill<lb/> | to have commenced <add>taken place</add>, and yet it is not untill<lb/> | ||
such default has taken place, that the payment<lb/> | such default has taken place, that the payment<lb/> | ||
into the Bank is permitted to be made, from which <note>It may be said that<lb/>if the <gap/> allowed by<lb/> | into the Bank is permitted to be made, from which <lb/> | ||
payment the subsequent compulsory operations are<lb/> | |||
to take their date. No such determinate time being<lb/> | |||
specified, I do not see how the fact of making default</p> | |||
<note>It may be said that<lb/>if the <gap/> allowed by<lb/> | |||
the feoffee <add>to the Land owner</add> for deliberation<lb/> | the feoffee <add>to the Land owner</add> for deliberation<lb/> | ||
shall have been a reasonable<lb/> | shall have been a reasonable<lb/> | ||
one viz. for deliberating whether<lb/> | |||
he will agree or not, the Entry<lb/> | he will agree or not, the Entry<lb/> | ||
grounded in the default of agreement<lb/> | grounded in the default of agreement<lb/> | ||
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be<lb/> | be<lb/> | ||
good.<lb/> | good.<lb/> | ||
can be susceptible | can be susceptible of<lb/> | ||
proof. <add> | proof. <add>Hence</add> A reasonable <lb/> | ||
time for deliberation ought<lb/> | time for deliberation ought<lb/> | ||
it may be said to be<lb/> | it may be said to be<lb/> | ||
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by the Act, was<lb/> | by the Act, was<lb/> | ||
or was not a reasonable<lb/> | or was not a reasonable<lb/> | ||
one | one</note> | ||
<p>An agreement is the act of two parties:<lb/> | <p>An agreement is the act of two parties:<lb/> | ||
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be expected to come from the Owner. It must<lb/> | be expected to come from the Owner. It must<lb/> | ||
come then, if <del>at all</del> from any body, from the<lb/> | come then, if <del>at all</del> from any body, from the<lb/> | ||
Feoffee. | Feoffee. But if it is to come from the Feoffee, it<lb/> | ||
seems as well as that the payment into the Bank<lb/> | seems as well as that the payment into the Bank<lb/> | ||
should be <add>precede or accompany</add> prior to, or contemporary with, the proposal:<lb/> | should be <add>precede or accompany</add> prior to, or contemporary with, the proposal:<lb/> | ||
Draught Observations
It appears to me difficult if not impracticable
to
The faculty of having
reference to
The compulsory proceeds
is made to depend
on the payment into
the Bank
The clause in the existing Act §6 appears
be inadequate to the purpose for the following reasons.
1. Because no determine time is specified as the time at
which the default of such agreement shall be understood
to have commenced taken place, and yet it is not untill
such default has taken place, that the payment
into the Bank is permitted to be made, from which
payment the subsequent compulsory operations are
to take their date. No such determinate time being
specified, I do not see how the fact of making default
It may be said that
if the allowed by
the feoffee to the Land owner for deliberation
shall have been a reasonable
one viz. for deliberating whether
he will agree or not, the Entry
grounded in the default of agreement
may
be
good.
can be susceptible of
proof. Hence A reasonable
time for deliberation ought
it may be said to be
given: but surely it
would be a perilous
thing to make the
able to the land, and
the existence of the
proposed establishment
defined upon an ex-
post-facto judgment
on the question whether
the time allowed by
the feoffee, for want
of a time being specified
by the Act, was
or was not a reasonable
one
An agreement is the act of two parties:
the owners owner and the feoffee: Supposing the
Owner advises he may say it supposes a proposal
to come from the one party or the other. It can not
be expected to come from the Owner. It must
come then, if at all from any body, from the
Feoffee. But if it is to come from the Feoffee, it
seems as well as that the payment into the Bank
should be precede or accompany prior to, or contemporary with, the proposal:
because as such payment must is to be made at all
events before Entry can take place, whether
consent on the part of the Owner eventually takes place or no,
the postponing of the such payment till after it
has been ascertained that no consent is to be had,
seems a loss of time prejudicial to the object purpose of the Act
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Identifier: | JB/123/110/001"JB/" can not be assigned to a declared number type with value 123. |
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123 |
panopticon |
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110 |
draught |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
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41536 |
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