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Document number: 5594
Date: 03 Mar 1846
Recipient: UNIDENTIFIED
Author: TALBOT William Henry Fox
Collection: British Library, London, Manuscripts - Fox Talbot Collection
Collection number historic: LA46-35
Last updated: 22nd April 2014

[draft:]

At ye time (May /45) that the agreemt was signed with [blank space] I knew no reason why it shd not be executed

Between then and 22 July I was led to think they wd have to apply to Parlt for [illegible deletion] leave to make a deviatn – because the distance agreed upon, was very close upon the parliamentary limit. But I did not know then, nor do I know am I satisfied, now, that it anywhere passed over that limit. They have applied to Parlt for a deviatn. They have [illegible deletion] The Act bill is now pending. if parlt

The other alternve was ^for them to make a private bargain with ye landowners, to purchase addl lands, and to make a their deviatn thereon, without going to parlt

Can we call upon them [long blank space] that on 22 July they believed they could perform their agreement without adopting one or the other of the above alternatives? That they had not ^then received any report from their Surveyors to the contrary? If they cannot swear this, they acted ^with open eyes, and are they not bound by their agreement with me, to adopt one or other of these alternatives? in short to do all they can to perform their agreement before coming to the Court to annul it, or some part of it, on the ground of impossibility of execution?

Does not the fact of their having applied to parlt for a new bill, amount to an admission on their part that they are conscious of this? Have they any right to refuse to wait for the result of their ^own application to Parliament?

Can we call upon them to prove, from their Surveyor’s report that the distance of 9 [long blank space] does ^in fact anywhere pass beyond the Parliamentary limits, and where it does so? N.B. They have never furnished us with any plans to show this fact. They have assigned no reason to us for applying to parlt for a deviatn, tho’ we conclude of course that it is partly on our account. A great deviation, a mile to the north, is contained in the same bill, but it does not concern us – ^so that The Bill has not been brought in solely on our account.

London
March 3d 1846

[expanded version:]

At the time (May 1845) that the agreement was signed with [blank space] I knew no reason why it should not be executed <1>

Between then and 22 July I was led to think they would have to apply to Parliament for [illegible deletion] leave to make a deviation – because the distance agreed upon, was very close upon the parliamentary limit. But I did not know then, nor do I know am I satisfied, now, that it anywhere passed over that limit. They have applied to Parliament for a deviation. They have [illegible deletion] The Act bill is now pending. if parliament

The other alternative was for them to make a private bargain with the landowners, to purchase additional lands, and to make a their deviation thereon, without going to parliament

Can we call upon them [long blank space] that on 22 July they believed they could perform their agreement without adopting one or the other of the above alternatives? That they had not then received any report from their Surveyors to the contrary? If they cannot swear this, they acted with open eyes, and are they not bound by their agreement with me, to adopt one or other of these alternatives? in short to do all they can to perform their agreement before coming to the Court to annul it, or some part of it, on the ground of impossibility of execution?

Does not the fact of their having applied to parliament for a new bill, amount to an admission on their part that they are conscious of this? Have they any right to refuse to wait for the result of their own application to Parliament?

Can we call upon them to prove, from their Surveyor’s report that the distance of 9 [long blank space] does in fact anywhere pass beyond the Parliamentary limits, and where it does so? N.B. They have never furnished us with any plans to show this fact. They have assigned no reason to us for applying to parliament for a deviation, tho’ we conclude of course that it is partly on our account. A great deviation, a mile to the north, is contained in the same bill, but it does not concern us – so that The Bill has not been brought in solely on our account.

London
March 3d 1846


Notes:

1. See Doc. No: 05592.

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