JB/056/091/001

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1825. May 12
Procedure Code

Ch. VIII
§. continuation

(5) (4)

19.
Serviendus may be
either 1 the public or
2 an individual

19. Serviendus may be either 1 the public or 2 an individual

In a case of this sort the Pursuer may be either an
individual, the government as trustee for the public, or any
assemblage of persons of indeterminate magnitude, body
private or semi public corporate or incorporate or corporative.

20
1 Serviendus the public
Example — need of ground
for fortification

20.1 Serviendus the public, example — Need of ground for fortification

For shewing demonstrating that such pain ought to be established in the
case and for the benefit of the public — a single exemplification
will suffice to demonstrate. Subject matter the invisible proprietor
an individual: service purpose for which it is needed
serving as the basis of a fortified the creation of which is
needed for defence against a foreign adversary. And

21
2 Serviendus an
individual, reason
the same

21. 2. Serviendus an individual, reason the same

And, in so far as on the part of all parties in position interested it is clear that, greater
happiness can be produced by a change in the possessor
than by continuance without change the ground for the establishment
of the eventual obligation will be whether the
party for whose benefit the service is demanded be the public
or a single individual.

22
By transfer without
benefit to old proprietor
security is
shaken, danger and
alarm produced, not
so by do with benefit.

22. By transfer without benefit to old proprietor security is shaken, danger and
alarm produced, not so by do with benefit.

If it were without the -establishing condition as
above that the eventual obligations were established it would at the
least be pregnant with injustice and if carried to a certain
length be with the of property and thereby
with the continuance of security. If the
were allowed to say of any manifested any more pleasure.
This is indeed for the service of the public give it as neither
equivalent nor in property in any thing would be
could with truth and propriety be looked upon as as
some would be warranted in in the improvement
of it if they were to say this is needed for the
use of the public no mans property in a home would be sufficient
no would be warranted in in the
of : and so in regard to all other things useable.

23
Example of forced
concession without
such benefit — French
land-taking for
road-making (under
the ancien regime)

22. Example of forced transfer without such benefit — French land-taking for
road making

In France, under the ancien regime the nature of tyranny
under the counsel of was to a prodigious extent exemplified. For
making or widening a public road </gap/> used to use without
as much of
any man's land as they
please

Identifier: | JB/056/091/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1825-05-12	Marginal Summary Numbering	19-23
Box	056	Main Headings	Procedure Code
Folio number	091	Info in main headings field	Procedure Code
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C5 / C4
Penner		Watermarks	J WHATMAN TURKEY MILL 1824
Marginals	George Bentham	Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	18147
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