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<p>taken by our legislature on the introduction of the New<lb/> | |||
Stile. The old Act furnishes the <hi rend="underline">description</hi> of the<lb/> | |||
powers: the new Act finds <hi rend="underline">authority</hi>: authority for<lb/> | |||
the transferring to the <hi rend="underline">new</hi> purpose the <hi rend="underline">old</hi> powers<lb/> | |||
so described. The supposition that the powers meant to<lb/> | |||
be given by the <hi rend="underline">new</hi> Act depended for their validity<lb/> | |||
upon the continuance of the <hi rend="underline">old</hi> act might be attended<lb/> | |||
with great inconvenience. It might then be necessary<lb/> | |||
for the Legislature, on pain of losing the benefit of<lb/> | |||
a good law, to keep alive another which is deemed a<lb/> | |||
bad one.</p> | |||
<p>Art 1 — §° 6. The clause binding the Contractor to<lb/> | |||
execute the building part of the Contract to the<lb/> | |||
"satisfaction & good liking" of a nominee of the<lb/> | |||
Treasury was not in the minutes sent from<lb/> | |||
thence but inserted by M<hi rend="superscript">r</hi> White without previous<lb/> | |||
communication with M<hi rend="superscript">r</hi> Bentham. M<hi rend="superscript">r</hi> Bentham,<lb/> | |||
though not perfectly satisfied with it as it now stands,<lb/> | |||
preferred letting it pass <hi rend="underline">sub-silentis</hi> to the danger of<lb/> | |||
raising up fresh delays. He profits however by the<lb/> | |||
opportunity with which he is now indulged to submit it<lb/> | |||
to M<hi rend="superscript">r</hi> Sollicitor General whether in case of difference<lb/> | |||
there would not be a fair ground for <hi rend="underline">reference</hi> in<lb/> | |||
relation to this point, as well as in relation to the<lb/> | |||
points mentioned in the 15, 17, & 21 articles, particularly<lb/> | |||
the 21 — Taking the expression from the 21<hi rend="superscript">st</hi> as <add>settled</add></p> | |||
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4
taken by our legislature on the introduction of the New
Stile. The old Act furnishes the description of the
powers: the new Act finds authority: authority for
the transferring to the new purpose the old powers
so described. The supposition that the powers meant to
be given by the new Act depended for their validity
upon the continuance of the old act might be attended
with great inconvenience. It might then be necessary
for the Legislature, on pain of losing the benefit of
a good law, to keep alive another which is deemed a
bad one.
Art 1 — §° 6. The clause binding the Contractor to
execute the building part of the Contract to the
"satisfaction & good liking" of a nominee of the
Treasury was not in the minutes sent from
thence but inserted by Mr White without previous
communication with Mr Bentham. Mr Bentham,
though not perfectly satisfied with it as it now stands,
preferred letting it pass sub-silentis to the danger of
raising up fresh delays. He profits however by the
opportunity with which he is now indulged to submit it
to Mr Sollicitor General whether in case of difference
there would not be a fair ground for reference in
relation to this point, as well as in relation to the
points mentioned in the 15, 17, & 21 articles, particularly
the 21 — Taking the expression from the 21st as settled
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Identifier: | JB/550/279/002"JB/" can not be assigned to a declared number type with value 550. |
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