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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 or trustee of the public, or any
assemblage of persons of indeterminate magnitude, body
private or semi public corporate or incorporate or corporate.
20
1 Serviendus the public
Example — need of ground
for fortification
20. Serviendus the public, example — Need of ground for fortification
For sharing 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
an individual: 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 provided by a change in the possessor<lb?>than by continuance without charge the ground for the establishment
of the eventual obligation will be whether the
party for whose benefit the service is demanded by 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 obligation was established it would not be
to 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 at any more pleasure.
This is indeed for the service of the public give it as neither
equivalent nor 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 more property as a would be sufficient
no would be warranted in all
of : and so in regard to all other things useable.
<note.23
Example of forced
concession without
such benefit — French
land-taking for
road-making (under
the ancien regime)</note>
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 are to a prodigious extent exemplified. For
making or a road </gap/> are without
as much of
any had as they
pleased.
Identifier: | JB/056/091/001"JB/" can not be assigned to a declared number type with value 56. |
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1825-05-12 |
19-23 |
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056 |
Procedure Code |
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091 |
Procedure Code |
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001 |
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Text sheet |
1 |
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recto |
C5 / C4 |
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J WHATMAN TURKEY MILL 1824 |
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Jonathan Blenman |
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1824 |
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18147 |
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