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<p>7.......... That such Consent, not being to be required by the Legislature, need not <add>be</add> nor —<lb/>ought to be applied for <add><del><hi rend="underline">in forming</hi> that</del></add> on the Part of <add>in the character of a <del>necessary</del> condition <foreign><hi rend="underline">sine qua non</hi>,</foreign></add> <del><gap/> <gap/></del> <add> Government</add> by whom if at all<lb/>the Bill will be brought forward. —</p> <p>8.......... That the Attempt to act <add>in all points</add> in Concurrence with two such unwieldy Bodies —<lb/>as a Vestry composed of 50 Members, and the Dean and Chapter <del>who<lb/>do not meet above two or three times in a Year</del> would present such a —<lb/>Prospect of Delay as no Individual concerned in the Execution of the Measure<lb/>could expose himself to, especially in Addition to a Chain of altogether — .. —<lb/>unexpected <add>(not to say unexampled delays)</add> Delays that have already consumed a Period if between five <!-- four overwritten --><lb/>and <del>five</del> <add>six</add> Years. —</p> <p>9..........That, in a Case so perfectly in Point as to have embraced the same<lb/>Parochial District and the same Parties, an Act creating Powers of the —<lb/>same sort ut much stronger and attended with prodigiously greater —<lb/>Hardship, and having much less strong (if any) public ground for its —<lb/>Support, was passed, not only <hi rend="underline">without Application</hi> for Consent but, <hi rend="underline">against</hi> —<lb/>a <hi rend="underline">strong</hi> and <hi rend="underline">general Opposition</hi>, on the part of the Paties principally<lb/>interested. —</p> <p> 10.......... That the proposed Improvement of the Waste cannot be rejected, but<lb/>for <hi rend="underline">reasons</hi>, which, if admitted, would set up a perpetual <hi rend="underline">Bar</hi> to its <hi rend="underline">ever</hi> being<lb/>improved as all. <!-- in pencil --> Ends here</p> <!-- line in pencil across the page. remaining text crossed through in pencil --> <p>Whatever is necessary to be done, for the Fulfilment of the Purposes —<lb/>of the Act, it was equally necessary should be capable of being done by those<lb/>who are <hi rend="underline">interested</hi> in the carrying the Act in to effect, (Viz: the Feoffees or —<lb/>their Nominees) <hi rend="underline">alone</hi>, in case of the <hi rend="underline">non-concurrence</hi> of the other Parties —<lb/>otherwise the Act might <add><foreign>pro tanto</foreign></add> as will not be made — <hi rend="superscript">||</hi> But the Parties are <hi rend="underline">trebly</hi><lb/>guarded from all Injury on this Score. Viz. 1<hi rend="superscript">st</hi> By the Right of .. —..—..—<lb/>concurring in the <hi rend="underline">first</hi> Instance — 2<hi rend="superscript">d</hi> By the Right of applying to chancery<lb/>at <hi rend="underline">any</hi> time, for a <hi rend="underline">fresh</hi> Commission, directed to Commissioners in the Choice<lb/>of whom <hi rend="underline">they</hi> would be heard — 3.<hi rend="superscript">d</hi> By the Tight of Appeal, from whatsoever<lb/>shall have been transacted by the Commissioners, <hi rend="underline">whosoever</hi> they may have —<lb/>been. — And these Applications, by <hi rend="underline">Motion</hi> or <hi rend="underline">Petition</hi>, will be vastly more —<lb/>beneficial to the Parties, than the <hi rend="underline">ordinary</hi> mode of Application by <hi rend="underline">Bill</hi>, —<lb/>in as much as the whole Body of <hi rend="underline">Evidence</hi> will have been <hi rend="underline">previously</hi> —<lb/>collected, in a <hi rend="underline">summary</hi> and <hi rend="underline">efficient</hi> Mode, by virtue of the Powers given for<lb/>that Purpose to the proposed Commissioners or Arbitrators. —</p> <!-- line in ink across the page --> <p>|| No Clause to this effect has, however, been inserted into the <sic>annext Draught</sic><lb/>It was thought most prudent to suppress it, at least in the present stage.</p> <p>( 13 )</p> | |||
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7.......... That such Consent, not being to be required by the Legislature, need not be nor —
ought to be applied for in forming that on the Part of in the character of a necessary condition sine qua non, Government by whom if at all
the Bill will be brought forward. —
8.......... That the Attempt to act in all points in Concurrence with two such unwieldy Bodies —
as a Vestry composed of 50 Members, and the Dean and Chapter who
do not meet above two or three times in a Year would present such a —
Prospect of Delay as no Individual concerned in the Execution of the Measure
could expose himself to, especially in Addition to a Chain of altogether — .. —
unexpected (not to say unexampled delays) Delays that have already consumed a Period if between five
and five six Years. —
9..........That, in a Case so perfectly in Point as to have embraced the same
Parochial District and the same Parties, an Act creating Powers of the —
same sort ut much stronger and attended with prodigiously greater —
Hardship, and having much less strong (if any) public ground for its —
Support, was passed, not only without Application for Consent but, against —
a strong and general Opposition, on the part of the Paties principally
interested. —
10.......... That the proposed Improvement of the Waste cannot be rejected, but
for reasons, which, if admitted, would set up a perpetual Bar to its ever being
improved as all. Ends here
Whatever is necessary to be done, for the Fulfilment of the Purposes —
of the Act, it was equally necessary should be capable of being done by those
who are interested in the carrying the Act in to effect, (Viz: the Feoffees or —
their Nominees) alone, in case of the non-concurrence of the other Parties —
otherwise the Act might pro tanto as will not be made — || But the Parties are trebly
guarded from all Injury on this Score. Viz. 1st By the Right of .. —..—..—
concurring in the first Instance — 2d By the Right of applying to chancery
at any time, for a fresh Commission, directed to Commissioners in the Choice
of whom they would be heard — 3.d By the Tight of Appeal, from whatsoever
shall have been transacted by the Commissioners, whosoever they may have —
been. — And these Applications, by Motion or Petition, will be vastly more —
beneficial to the Parties, than the ordinary mode of Application by Bill, —
in as much as the whole Body of Evidence will have been previously —
collected, in a summary and efficient Mode, by virtue of the Powers given for
that Purpose to the proposed Commissioners or Arbitrators. —
|| No Clause to this effect has, however, been inserted into the annext Draught
It was thought most prudent to suppress it, at least in the present stage.
( 13 )
Identifier: | JB/123/214/001"JB/" can not be assigned to a declared number type with value 123. |
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123 |
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214 |
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001 |
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copy/fair copy sheet |
1 |
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recto |
c13 |
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[[watermarks::[monogram] propatria [britannia motif] 1795]] |
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1795 |
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41640 |
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