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It appears to me difficult if not
to
The clause in the existing Act §6 appears The faculty of having
The compulsory procceds
is be ddefined
in the payment into
the Bank
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 It may be said that
if the allowed by
the feoffee to the Land owner for deliberation
shall have been a reasonable
our vow for deliberately whether
he will agree or not, the Entry
ground in the default of agreement
can be susceptible of any
proof. A reasonable be may be and
time for deliberation ought
it may be said to be
given: but surely it
would be a positions
thing to make the
able to the land, and
the existence of the
proposed establishment
defined upon an expost-
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
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
An agreement is the act of two parties:
the owners owner and the feoffee: Supposing the
adverse 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 as an 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 or accompany prior to, or contemporary with, the proposal:
because as such payment must is to be made at al
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 at no consent is to be had,
seems a loss of time prejudicial to the object purpose of the Act
Identifier: | JB/123/110/001"JB/" can not be assigned to a declared number type with value 123. |
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123 |
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110 |
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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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