JB/042/831/001

Click Here To Edit

1824. Feby. 18 +
Constitutional Code

+ 9
Copied Ch. XXIII Sub Legislatures
1 §. 9. V. Transfer compelling

§.9.v. Transfer-compelling function

1
Art. 1. Transfer-compelling
function: when, for use
and greater benefit of the
District, and any territorial
division, person or
aggregate of persons belonging
to it, transfer of
property in any shape
is deemed necessary,
proprietor declining to
part with it at the offered price,
the Legislature can
set a value the pr by apt
valuers, Sub Legislature
upon delivery
of the full equivalent in
money or other shape
causes possession to be
taken and delivered
into hands indicated
by the nature of the
service.

Art. 1. Transfer-compelling function. In the
of that function When, for the use and greater benefit of the whole
District or of any territorial division contained
under within it or of any body corporate or individual
person or aggregate of persons belonging to it the transfer of an article or mass of
property in any shape is deemed necessary, the proprietor
or proprietors at the same time declining to sell at any price,
or declining to sell at the price offered, to the Sub Legislature
it belongs, in the exercise of this function, to cause
a value to be set upon the article by apt valuers; sufficient liberty
of testation being at the same time allowed
to the proprietor, and upon payment of such value delivery of the equivalent
or delivery of such equivalent in a pecuniary or other shape, to
cause possession to be taken accordingly, but with and delivered to delivered
to defer his settlement to the Judicatory of the Sub District into such hands as the nature of the service indicates.
in which the property is situated.

2
Art. 2. As to the compensation
Constitution expects that
it be rather over than
under the exact value
equivalent for the loss: in
and that value of affection,
in a case susceptible
of it, be not neglected.

Art. 2. In every such case, the Constitution expects —
that the compensation so allowed shall be rather the not only that the benefit of from the transfer in due proportion
and those over shared as in between the parties on both sides, but also that the compensation
so allowed be rather over than under that which shall appear to be the exact
equivalent for the loss sustained by reason of the expropriation:
and that in such valuation the value of affection
where capable of having place in a case susceptible of it be not neglected.

3
Art. 3. As to do
Decision may be by any
of the authorities following
1. Sub Legislature
2. Committees of do
3. Pursuer in person appointed
by do
4. Judicatory of any Sub
District contained in
his own District regard
had to local convenience.

Art. 3. Questions concerning the For the determining such compensation
the Sub Legislature may decide either by examination taken the requisite examinations may be made either by the Sub Legislature
either by itself, or by a Committee of itself. or by a person or person
at large nominated appointed for this purpose by itself, or by reference
to the Judicatory of any Sub District contained within its
own District. provided that, if it be by any authority other
than that of the a Judicatory, the proceedings shall be carried on with the
same
same sort and degree
of publicity as that
with which the proceedings
of a Judicatory are
accompanied. as per Ch.
XI. Judiciary collectively are accomplished the proceedings of a Judicatory.

[+] Provided that to the proceedings of any other authority, publicity the same in kind and degree be given as to those of a Judicatory

Identifier: | JB/042/831/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-02-18	Marginal Summary Numbering	1-3
Box	042	Main Headings	constitutional code
Folio number	831	Info in main headings field	constitutional code
Image	001	Titles	transfer-compelling function
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d9 / e1
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections	arthur moore	Paper Produced in Year
Notes public	"copd"	ID Number	13754
Box Contents