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Jeremy Bentham

The Collected Works of Jeremy Bentham: The Correspondence of Jeremy Bentham, Vol. 6: January 1798 to December 1801

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Editor’s Notepg 252Editor’s Note1509To Bentham's Tenantsearly March 1800 (Aet 52)

Sir

The Estate at Milbank, late the property of the Marquis of Salisbury, having by virtue of the Act of the 34th year of his Majesty's Reign Chapter 84, been purchased by me as Feoffee thereof by authority of the Lords Commissioners of his Majesty's Treasury, for the purpose of the intended Penitentiary Establishment therein mentioned—

And it having been deemed necessary by their said Lordships that the several rights and interests of all such persons as are occupiers of the said premises or any part thereof be made over to me their said Feoffee upon my making such satisfaction to them respectively in money or otherwise, as shall to me under the direction of their said Lordships appear reasonable, or in case of disagreement, such satisfaction as shall have been awarded by a Jury according to the provision made in that behalf in and by the said Act—

And having on application made by me for instructions to their Lordships' Sollicitor, received from him as his opinion2 that the surrenders to be required to be made by the said several occupiers of their said several rights and interests ought to be absolute and immediate—

In pursuance of the Act of Parliament (34.Geo.3.c.84) passed in the 34th year of his Majesty's reign and intituled | |3 I do hereby give you notice to quit possession on or before the 25th day of this instant March of all and singular the premises held by you at Milbank Westminster of Mr John Donne / Benjamin Hodges / or any other person holding lately under the Marquis of Salisbury in respect of his Estate at Milbank aforesaid. And moreover in case such quitting of possession4 be attended with any damage to yourself or to any pg 253other person or persons I do hereby also desire and give you notice on or before the 12th instant to deliver or cause to be delivered to me at my House as above mentioned your estimate of the amount of all such damage together with the several sums of money you expect and demand in satisfaction for the several articles composing such amount: recommending it to you to render such estimate as circumstantial and particular as may be in relation to each respective article.

And I moreover give you notice, that in case no such estimate and demand shall have been delivered in by you to me within the time herein above appointed, or that such estimate or demand shall in the Judgment of the Lords Commissioners of the Treasury appear exorbitant or that for want of being sufficiently particular and explicit or otherwise it shall in the whole or any part thereof be so expressed as that no sufficient judgment of the reasonableness thereof can be formed, I shall on the 14th instant, or so soon after as the pleasure of their Lordships in relation thereto can be obtained, tender to you such satisfaction in money as I in my discretion under the direction of their said Lordships shall think fit: whereupon, if within twenty one days next after the day on which notice in that behalf shall have been given by me to you in such manner as the said Act directs, you refuse, or for the said span of twenty one days neglect, to accept such satisfaction as and for the price of your rights interests and demands as aforesaid, I shall thereupon immediately proceed to cause the value of such rights and interests to be inquired into and ascertained by a Jury as the said Act directs: whereupon in case the value thereof as found by such Jury shall not be to a greater amount than the amount of the satisfaction so by me rendered as aforesaid, the costs of such proceeding will according to the said Act be to be borne and paid by you.

Jeremy Bentham5

N.B. to be added to the Notices delivered to Mr Unthank and Mr Hodges

N.B.1 This notice regards not only such parcels of the said Estate as you hold on Lease but such parcels also as you hold as Tenant at Will: and it is desired that the Estimate relative to the parcels holden at Will be separate from that of the parcels holden under Lease.

pg 254N.B. to be added to the Notices to Mr Dunne6

N.B.2 This Notice regards not only such parcels of the said Estate as you hold in your own occupation, but such parcels also as are holden or occupied by any other person or persons under you: and it is desired that a separate estimate be given in for the parcel occupied by each respective occupier.7

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Notes
Editor’s Note
1509. 1 UC cxvii. 150–1. Autograph draft. Docketed in pencil: 'Ao 1800 / Panopt. J.B. to Tenants. Notice to Quit.' Probably written at the beginning of March, and sent to the tenants on various days, including 6 and 8 March. (See the tenants' responses at UC cxvii. 161–2, 188.) Several lines are written in red ink.
Editor’s Note
2 Letter 1502.
Editor’s Note
3 The title of the act was: 'An Act for erecting a Penitentiary House or Houses for confining and employing convicts.'
Editor’s Note
4 Marginal insertion in red ink: 'on the said day (instead of the 29th day of Septr next ensuing being the day on which, in virtue of the notice given to you by Mr Hodges your immediate Landlord of whom you held at Will, your time and interest in the premises expires).'
Editor’s Note
5 Marginal insertion in red ink: 'Landlord of the premises, and Feoffee thereof (as parcel of the Estate at Milbank late the Marquis of Salisbury's) for the purpose of the said Act.'
Editor’s Note
6 John Donne, nurseryman, Millbank. He, Hodges, and Unthank were the three immediate tenants under lease (see letter 1526).
Editor’s Note
7 At BL VII. 297–8, there is an autograph draft of a further postscript: 'N.B. Whatever you claim by way of satisfaction for the damage in respect of obligation to quit on the 25th March instead of the 29th of Sept., according to the accompanying Notice, it will be required of you that you consent not to receive it, in case of your being permitted to continue, (as most probably you will be) till the said 29th of Septr. Forms of agreement for the above purposes are preparing, and will be left with you for your consideration. ' It is docketed: '1800 Mar. / Panopticon / Ld Salisburys / J.B. Q.S.P. / to / Tenants. / How to claim satisfaction / for damage by obligation / to quit.'
At UC cxvii. 151 there is an autograph draft of a 'Notice to be given by Mr Dunne and other immediate Tenants to their Under Tenants, being Tenants at Will', giving them notice, in March, to quit their premises on or before 29 September.
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