State Library of NSW
[Page 2]
of the common rights, allocations [?] that might be brought against the defender of them, all actions the subscribers might be advised to bring against those who encroached upon the Common & also all such moneys sums as they each should at the time of signing put opposite to their his name.
In consequence of this undertaking Mr. Pennell was & still is legaly entitled to bring actions against any or all of the subscribers separately or collectively for the amount of his demand. He might consequently have distracted the country in the highest degree & accumulated the new expences infinitely beyond what the most sanguine expections hopes of a Taxation of his bill could ever have been expected to compensate; this was the reason I took the request affair in hand as I saw no end of vexation & distress unless some one usd to business undertook to settle the affair it.
On receiving Mr. Pennel's bill I immediately put it into the Hands of Messr. Peart & Miller the first of whom is a gentleman well known to the Commoners by his successfull management of the Sibrey Tythe Cause where if the Clergyman had obtaind a Decree the whole Fen would have been subjected to adjustment Tythe; out of friendship to me this gentleman undertook it as I verily believe for the business unpleasant of Taxation is always so unpleasant that no professional man wishes to take it up in the line of Common business.
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