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<!-- header and marginal note in pencil --> <p>+ + <!-- 6 overwritten --> 1</p> <p><note><del> | <!-- header and marginal note in pencil --> <p>+ + <!-- 6 overwritten --> 1</p> <p><note><del>Inequality of the</del> <add>Extraordinary</add><lb/>value of the right<lb/>to some of the Commoners</note></p> <p>As to the <del>Inha</del> Commoners, that is the Inhabitants<lb/>of the United Parishes considered in<lb/>their capacity of Commoners, it may easily<lb/>be conceived, that there will be some individuals<lb/>to whom the right in question is more valuable<lb/>than it is to others, and that therefore they <del>will</del> <add>may</add><lb/>be proportionally losers by a plan <add><del>made</del></add> of compensation,<lb/>which applies not to the accidental circumstance<lb/>of making a greater or less advantage<lb/>of the right, but to the right itself. A Butcher<lb/>for example, who happens to be established in<lb/>the near vicinity of the tract may find <del>an</del> in<lb/>the convenience of turning in his cattle to cool<lb/>after their journey and before slaughtering, an<lb/>advantage in which his neighbour the Grocer<lb/>or the Tallow Chandler have no share. <hi rend="superscript">(a)</hi> But these<lb/>are contingencies by which the value of rights<lb/>of property are liable to be affected in every situation:<lb/>and if these are admitted as conclusive<lb/>arguments against forced mutations of property applied<lb/>for on the ground of a greater mass of benefit<lb/>to be reaped by the public at large, no Act for<lb/>the widening of streets and improvement of towns,<lb/>no Road Act, no Canal Act would ever be passed.<lb/>These are cases which as often as they <sic>occurr</sic>, afford<lb/>matter of regret: but are never regarded as affording<lb/>matter of <del>conclusive</del> <add>peremptory</add> objection. <del>against any Bill<lb/>to which they apply.</del> Compensation is applied as far as it can<lb/>be applied: and where it can not, the damage (which in the present<lb/>instance can not surely amount to much if to any thing) is regretted <!-- continues into margin -->without being compensated</p> <p><note>Note<lb/>(a) As far as <add>mere</add> <hi rend="underline">airing</hi><lb/>that is standing <add>or lying</add> room<lb/>is concerned, the portion<lb/>not proposed to be purchased<lb/>viz: the 4 or<lb/>5 Acres behind Rochester<lb/>Row would afford ample<lb/>space to greater numbers<lb/>than have ever yet been<lb/>turned in upon the whole<lb/>waste: and in point<lb/>of food, the <del>whole of</del><lb/><unclear>Garbage</unclear> of the whole<lb/>waste can be no object<lb/>to the Cattle owners at<lb/>present.</note></p> <p>(22)</p> | ||
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+ + 1
Inequality of the Extraordinary
value of the right
to some of the Commoners
As to the Inha Commoners, that is the Inhabitants
of the United Parishes considered in
their capacity of Commoners, it may easily
be conceived, that there will be some individuals
to whom the right in question is more valuable
than it is to others, and that therefore they will may
be proportionally losers by a plan made of compensation,
which applies not to the accidental circumstance
of making a greater or less advantage
of the right, but to the right itself. A Butcher
for example, who happens to be established in
the near vicinity of the tract may find an in
the convenience of turning in his cattle to cool
after their journey and before slaughtering, an
advantage in which his neighbour the Grocer
or the Tallow Chandler have no share. (a) But these
are contingencies by which the value of rights
of property are liable to be affected in every situation:
and if these are admitted as conclusive
arguments against forced mutations of property applied
for on the ground of a greater mass of benefit
to be reaped by the public at large, no Act for
the widening of streets and improvement of towns,
no Road Act, no Canal Act would ever be passed.
These are cases which as often as they occurr, afford
matter of regret: but are never regarded as affording
matter of conclusive peremptory objection. against any Bill
to which they apply. Compensation is applied as far as it can
be applied: and where it can not, the damage (which in the present
instance can not surely amount to much if to any thing) is regretted without being compensated
Note
(a) As far as mere airing
that is standing or lying room
is concerned, the portion
not proposed to be purchased
viz: the 4 or
5 Acres behind Rochester
Row would afford ample
space to greater numbers
than have ever yet been
turned in upon the whole
waste: and in point
of food, the whole of
Garbage of the whole
waste can be no object
to the Cattle owners at
present.
(22)
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jeremy bentham |
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41449 |
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