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'' | <head>1825. May 12<lb/>Procedure Code</head><p><note><sic>Ch.</sic> VIII<lb/>§.</note></p> <!-- in pencil --> <p>(3) (2)</p> <p><note>12<lb/>Transfer due without<lb/>need of Judge's concurrence,<lb/>individual's<lb/>non transfer is a <hi rend="underline">wrong</hi>.</note></p> <!-- paragraph headings in pencil --><p>12. Transfer due without need of Judge's concurrence, individuals non-transfer<lb/>is a <hi rend="underline">wrong</hi>.</p> <p>Now to subject matter of the transfer, a benefit</add> If the transfer could have been made without the <del>ne</del><lb/>concurrence and authority of the Judge, its not having been<lb/>already made would suffice to <del><gap/></del> <add>give to</add> the regular <gap/><lb/>consisting in the mission to make it the character <add>quality</add> of<lb/>wrong.</p> <p><note>13<lb/>Such transfer is<lb/>1 without division<lb/>2 by division</note></p> <p>13. Such transfer is1. without division; 2 by division</p> <p>Of a transfer in this case made the subject matter<lb/>will thereby be made either <hi rend="underline">without</hi> division (the subject<lb/>matter being left in an entire state) or <hi rend="underline">by</hi> division (the act<lb/>of transfer being in this case an act of division or distribution<lb?>of division or distribution made among a number of persons<lb/><del><gap/> distributed <gap/></del> <add><gap/> in proportion of</add> the whole, <gap/> constituted separate<lb/>proprietors, each of a particular part</p> <p><note>14<lb/>Ground of the transfer<lb/>authorizing law to<lb/>aggregate of <sic>interestees<lb/>encrease</sic> of aggregate<lb/>of happiness</note></p> <p>14. Ground of the <<del>law</del. <add>transfer</add> authorizing law: <add>to</add> aggregate of <sic>interestees encrease</sic><lb/>of aggregate happiness.</p> <p><gap/>1. Transfer without division. <gap/> On the greatest happiness<lb/>principle, for authorizing the Judge to <sic>concurr</sic> in<lb/>any such transfer the Legislator can not have had any<lb/>sufficient warrant or any other supposition than this —<lb/>namely <add>to wit</add> that <del>when</del> if and when the <del>division</del <add>transfer</add> is made<lb/>the quantity of happiness in the <add>whole</add> community taken together will<lb/>be greater than it would have been had it not been made.<lb/>But <add>if</add> the actual proprietor the happiness <gap/>as large a<lb/>portion of the aggregate of happiness as does that of him <del><gap/></del> in<lb/>whose favour it is proposed that the transfer should be made<lb/>and in case <add>as the point</add> of a transfer produced without the consent of him<lb/>out of whose hands the subject matter passes the evil the<lb/>pain produced by the sense of loss or other things <add>circumstances which</add> equal greater<lb/>than the good produced by the source of gain.</p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} | ||
1825. May 12
Procedure Code
Ch. VIII
§.
(3) (2)
12
Transfer due without
need of Judge's concurrence,
individual's
non transfer is a wrong.
12. Transfer due without need of Judge's concurrence, individuals non-transfer
is a wrong.
Now to subject matter of the transfer, a benefit</add> If the transfer could have been made without the ne
concurrence and authority of the Judge, its not having been
already made would suffice to give to the regular
consisting in the mission to make it the character quality of
wrong.
13
Such transfer is
1 without division
2 by division
13. Such transfer is1. without division; 2 by division
Of a transfer in this case made the subject matter
will thereby be made either without division (the subject
matter being left in an entire state) or by division (the act
of transfer being in this case an act of division or distribution<lb?>of division or distribution made among a number of persons
distributed in proportion of the whole, constituted separate
proprietors, each of a particular part
14
Ground of the transfer
authorizing law to
aggregate of interestees
encrease of aggregate
of happiness
14. Ground of the <law</del. transfer authorizing law: to aggregate of interestees encrease
of aggregate happiness.
1. Transfer without division. On the greatest happiness
principle, for authorizing the Judge to concurr in
any such transfer the Legislator can not have had any
sufficient warrant or any other supposition than this —
namely to wit that when if and when the division</del transfer is made
the quantity of happiness in the whole community taken together will
be greater than it would have been had it not been made.
But if the actual proprietor the happiness as large a
portion of the aggregate of happiness as does that of him in
whose favour it is proposed that the transfer should be made
and in case as the point of a transfer produced without the consent of him
out of whose hands the subject matter passes the evil the
pain produced by the sense of loss or other things circumstances which equal greater
than the good produced by the source of gain.
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