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London Lives 1690 to 1800
Crime, Poverty and Social Policy in the Metropolis
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are Persons, who can judge properly of their own Interests, in-
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clined to enter into such Agreements, that many Acts of Inclo-
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sure; for Instance, Farmington Inclosure, 12 Ann (Private Acts)
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C.17; Thurscoe Inclosure, 2 Geo. II. C. 27; Lillington In-
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closure, 3 Geo. II. C. 4; and indeed a considerable Proportion
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of the Acts which passed some Years ago, were merely for the
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Purpose of legalizing private Agreements, previously settled
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among the Parties.
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There are many Individuals, however, who, though they
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might be willing to enter into such Agreements, yet, living at a
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Distance from
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the Common
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in which either they, or those for
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whom they act, are interested, can be no Judge whether the Pro-
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posal submitted to them is fair of not; and would therefore rather
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incline, to refer the Whole to Persons, in whose Skill and Inte-
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grity they can depend, than to weigh and determine the Matter
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themselves.
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>
This is more particularly likely to be the Opinion of Guardians,
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Trustees, the Church, and other Corporate Bodies; and indeed, as
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in all such Cases, not only the Interests of those in Possession,
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but of others possessed of contingent Rights, are implicated: It
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has therefore been thought most adviseable, to restrict the Effect of
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such Agreement to the Appointment of Commissioners, who shall
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pronounce under Oath an Award, the general Nature and Ten-
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dency of which may have been previously arranged among the
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Parties, but which shall afterwards be sanctioned by sworn Com-
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</
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missioners, with an Appeal from their Decision.
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As various Incidents may occur, which may prevent Una-
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nimity in such Agreements, a Circumstance for which Provision
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must be made, hence it become necessary, to submit to the Con-
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sideration of the Legislature, the Propriety of authorizing the Ap-
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pointment of Commissioners, where Three-fifths of the Parties
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interested approve of the same; for no just Reason can be assigned,
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why a small but stubborn Minority, either in Number of Value,
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should controul a Majority of Persons interested in the same Pro-
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perty,
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