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[Page 2]
of the words Quantity Quality & situation is a definition of the component parts of value from which compensation is to be allotted & by value alone of the Proportionate demand the amount of the Proportion to be given is to be estimated
if I am right it appears that C ought to have somewhat more in allotment than B because he could before the enclosure gain somewhat more
The act makes no provision for compensating disadvantage out of advantages so that a Commissioner who sets out Land to compensate inconvenience of situation goes beyond his powers
? as the Land of the allotment G. is more convenient in part of situation to C than that of the allotment F. can be to B, ought not B to have a larger & C a smaller share under the words of the act
I think that the situation of a homestead is an accidental & Temporary Consideration, the word situation in the act means when land has an additional value from the convenience of proximity & a market to water carriage &c &c & is in no shape proximity to the homestead
The act says in proportion Quantity Quality & situation considered to their several shares & interests therein
C has a more valuable interest in his share of the cowpasture ploughfield & cowpasture than B consequently he ought to have more allotted him his half of the Ploughfield continues equaly of more value to him after allotment than it was before which is just.