JB/038/342/001

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1824. August.

Constitutional Code.

Ch. X. Defensive Force.
§. 12. Power as to Non-Military.

+22 21.
Art 212. Superordinate, on
giving such order, will
be careful,
1. To allow whatever latitude
of forebearance the nature
of the Service will admit.
2. To choose the person
most apt for such a
trust: danger to the public,
and suffering to
individuals both taken into
the account.

IV Power
23 22. Orderer
Art 223 Order, by whom.
Consideranda.
1. Favorableness of situation
for judging of the
necessity.
2. Trustworthiness, in
respect of responsibility.
3. Capacity of producing
adequate promptitude of
execution.

+24 23. Orderer
Art 23.4
situation indicates
the Prime Minister,
from communication
with Foreign
Relation do.
But by communication
with both, Army Minister
will be nearly on a par.

+25 24. Orderer
Art 245. II. Responsibility.
This indicates in preference
to Prime the Army
Minister, to do. some
Military commander under
him: the responsibility
of a functionary
being as the number
of grades above him.

---page break---

Ch. X. Defensive Force.
§. 12. Power as to Non-Military

+26 25. Orderer
Art 256. 3. Capacity of
producing promptitude.
This indicates the
military commander nearest
to the spot:
commander of a sufficiently
large body, say a
Battallion or Brigade.

VII Procedure
+27 26. Orderer.
Art 267. General Result.
Prime Minister, if
sufficiently acquainted with
the spot, will send the
order to the functionary
by whom execution
is to be given to it:
sending exemplars at
the same time to such
intermediate commanders
to whom the
information may be of
use. Great might be the
confusion otherwise.

+28 27. Orderer
Art 278. So far as
promptitude is material,
only for want of local
knowledge will he send his
order through intermediate
functionaries:
since, to the cooperation
of every such intermediate,
more or less delay
will be necessary.

+29 28.
Art 289. II. Individual
necessity — Here, order
can scarce be necessary.
Appropriate order here, a
regulation of general law:
referred to by Expository
matter or otherwise
from the Justificative
cause, intituted Military
necessity in the
Penal Code.

Identifier: | JB/038/342/001 "JB/" can not be assigned to a declared number type with value 38.
Date_1	1824-08	Marginal Summary Numbering	21-28
Box	038	Main Headings	constitutional code
Folio number	342	Info in main headings field	constitutional code
Image	001	Titles	ch. x defensive force / power as to non military
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	11979
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