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1825. May 12
Procedure Code
Ch. VIII
§. Continuation
(4) (3)
15
Of non collation of a
share in the benefit
to the old proprietor
effect aggregate happiness
less than in the
case of collation
15. Of non collation of a share in the benefit to the old proprietor
effect happi aggregate happiness less than in case of collation
Loss Diminution of happiness — and that loss diminution produced by
injustice will therefor be the result of or the benefit produced
by the transfer, the person from whom the subject matter
is transferred does not receive a share.
16
By old proprietors non-consent
diminution of
his happiness in the
transfer is not proved
his non consent may be
an instrument for
extorting more than
his share
15. By old proprietors non-consent diminution of his happiness by
the transfer is not proved: his non-consent may be an instrument for
extorting more than his share
What on this occasion may occur is that
if that were the case his would consent to the transfer would could
not be wanting: and that therefore the negative fact of his
non concurrence is sufficient proof that of the transfer if made
diminution of happiness and production commission of injustice will be the
effect, and that thus where is consent wanting this can not be
any sufficient sort of reason why by the legislator property should
be rendered transferable for this cause, and authority given
to the Judge to cause it to be made have place
But if such were consent were in this case rendered a condition indispensable the rule there are no bounds to
the value of the price which the cupidity of a possessor would be
apt to set upon such his consent: and thus for want of it there
are no bounds to the quantity of good the production of which
might thus be prevented.
17
Hence the utility of
the transfer authority in
law
17. Hence the utility of the transfer-authorizing law
At the seat of party having need of service in
this shape power ought accordingly by the Legislator to be
given to the Judge to compel transfer of property whatever
be the subject matter of it: but always on the condition that
he out of whose possession the thing passes should have a share in the
benefit along with him to whose possession the thing passed
in other words that in compensation of the price he is compelled to accept
there should be an addition made to that which would be
the ordinary and incontestable price.
18
Still by the non-consent
no wrong
is done, for old
proprietors share
in the benefit is not
liquidated
18. Still by the non consent no wrong is done; for old proprietors share
in the benefit is not liquidated
At the same time though it might howsoever right
and proper and more necessary it may be that in such a case
transfer should by the authority of the legislator be rendered
compellable, and by the Judge when as often as the state of facts is such as to bring
it under the design of the legislator accordingly compelled, yet by the
omission to give consent wrong can not with propriety be said to be done: for
for would by the authority
of the Judge liquidation have
been made the obligation
can not be made stated as
applying to any the price to the exclusion of, or in preference to all others or any other.
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Identifier: | JB/056/090/001"JB/" can not be assigned to a declared number type with value 56. |
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1825-05-12 |
15-18 |
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056 |
Procedure Code |
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090 |
Procedure Code |
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001 |
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Text sheet |
1 |
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recto |
C4 / C3 |
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J WHATMAN TURKEY MILL 1824 |
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Jonathan Blenman |
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1824 |
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18146 |
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