293
parties agree upon the person who shall decide as arbitrator &c, & upon his decision there is no appeal.
Welcome to use it Pauncefort's phrase, the "Machinery for ascertaining the value" which is fixed by Land (Clauses) Act is here fixed & the contract of the parties, and one decision cited in the leading Authorities generally are to the point that except by mutual consent neither party can rescind upon notice. We Duddell might run straight, as they did, for the sake of the case, a more favourable consideration but it is clear that he did not dispute the notice, or the power of the Surveyor, and I can entertain no doubt that the Court, if it had suited its purpose, could have compelled Duddell to abide by the terms of resumption & could have taken the land upon payment or tender of the compensation fixed by the Surveyor.
Perhaps the best course would be to take the Law Officer's Junior, Mr. Macdonnell, into consultation who will be in a better position to deal with both Duddell's difficulties. It is not desirable that the matter should be left undecided.
Me Holland
An Equity opinion is what is wanted. I wish later on to...
If the Court can Andradell in bringing his action?
284 M and I should not be much disinclined out of the way to help Sir R.M. over these difficulties of his own making nor do I say that an abuse...
Opinion (We in the past all set half a sheet of meat.)
It has been heard that...
21
Page 293 appears to be a continuation of a discussion or a legal document, with mentions of arbitration, land clauses act, and a surveyor's role. The text includes names like Pauncefort, Duddell, and Mr. Macdonnell, indicating a specific case or legal matter being discussed.
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293
parter spee upon the person who shall
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and rest;
decide out as aditrator & wat, & pom
decision there is no appeal.
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Welece To use it Pauncefres phrase, the " Machinery for accertaining the value which in fired I am Land (Causes Aat is here fixed & the contract of ther parties, and one devisions cited If the biting Alloines feneral
are
ni
point
thew that except I mutual
Coment neither party
Can
recede pau
notice. We diddell might run strate, as
did, they for
of
the case,
a mon faorrable consideration
but it is the dewed that he did
not dispute the notice, or the power of the
Juweyor,
and I
I can
entertain no
doubt
that the fort, if it had suited this purpose. could han betaal comfulled to Buddell to abide of the while of resumption & could han taken the land upon parpment
tender of the compensation fixed of the
Juwayor
Perhaps the best course would be
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to take the Law fficer Junior When For R Macdonnell will to in
a beller position to deal with bot Duddell. His not desirable that the matter should be left undecided.
Me Holland
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An Equity opinion
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is what
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Andradell in brezing his action?
284 M
and I Thould be not be much disfond
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her do I say that an abuse
Opinion ( We in the pestall set
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I the le dipend & ache. to
It has han Haadd that
21
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