JB/039/021/001

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1823. July 3
Constitut. Code I. Evidence
Ch. 9. Ministers jointly
§ The Responsibility for Subordinates

§. 14 Responsibility Superordinates responsibility for Subordinates.

Art 6 If after observation Generally speaking, for any such misconduct Art. 1. By his acceptance of his official situation a Minister
or incapacity on the part of any functionary in his department
undertakes for the due discharge of all the several functions belonging to it,
the character is responsible and that, not only on his own part, but, in so far as on him lies
in the part every instance of of all his several subordinates.

Art. 6. 2 For misconduct, which by due diligence it would have been Art. 2. For detriment in any specific shape to the public-service, by
in his the presence reason of any assignable deficiency in appropriate aptitude in any one of its branches, on the part of any Subordinate in his department,
the Minister is responsible unless apt measures in any instance in which by due diligence it would might have been had been taken by him for the prevention of it. in his power to prevent it, he is accordingly responsible.

Art. 7. 3. If, after observation made, or credible trustworthy apt information
received of any sinister misconduct any such deficiency already exemplified in any on the
part of such a subordinate, the Minister neither dislocates him takes no measures for his
dislo omitts to take effective taken not more effectual measures for his dislocation, as below
nor institutes any public enquiry in relate on the subject
of his official conduct, after notice giving notice to the any such informant
of any by to make good his charge, whereupon a fresh on
the part of the same functionary an fresh instance of misconduct similar
which deficiency has place, the presumption will be that by due diligence
such second instance of misconduct would might have been prevented.

Art. 4. So if after sufficient proof of past delinquency misconduct
deficiency or ground for the apprehension of future, no sufficiently apt
measures, or no sufficiently apt measure, at all, no such measure promising measures as ordinary procedure would suggest were to be taken for the prevention
of what has happened.

Art. 5 5. In the same manner As, for the conduct misconduct on the
part appropriate aptitude on the part of all Subordinates under his direction, the Minister, – so
for the conduct of all but under his direction
is every other Superordinate, for the conduct of all like another part in respect of every Subordinate
under his immediate direction, responsible.

Art 6. The like responsibility attaches, if by reason of deficiency
in respect of intellectual , although not accompanied with
deficiency in respect of moral aptitude, any assignable detriment
shape, still has been suffered by the public service

Identifier: | JB/039/021/001 "JB/" can not be assigned to a declared number type with value 39.
Date_1	1823-07-30	Marginal Summary Numbering	1-5
Box	039	Main Headings	constitutional code
Folio number	021	Info in main headings field	constitut. code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d14 / e1
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1822
Marginals	jeremy bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1822
Notes public		ID Number	12028
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