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1826. Septr. 22
Constitutional Code Ch. IX. §. 1 17 SupplementCh. IX. Ministers collectively
§. 3. Union and Separation §. 2. Minister and Subdepartments
Not employed
Correspondent but opposite to the consideration of
the number of persons in an office is that of
the number of offices in one person
Enactive
Art. Exception excepted, of a times of in no instance will need be
situation offices more than one be held by one person; whether those had cause Offices be they be in the same
Department or in different Departments. this is the only instance
Enactive
Art. Excepted. In the person of a Local Headman,
functions belonging to the Administrative department, and
with functions belonging to the Judicial Department will be seen united: as
per Ch. XXVI. Local Headmen: to namely Administrative
the -serving the several functions denominated the Stipendiary
Army controuling, the
Stipendiary Navy
controuling, the Damage-preventing,
the Eleemosynary,
the Hospitality-exercising functions:
Judicature-serving
those denominations the Sedative, the Justice-aiding
or say Execution-aiding,
the Uncommissioned
preference warranting,
the Judiciary
power controuling, the
Subjudiciary topographical,
the Sub-Judiciary
,
the Communication-aiding,
the Beneficent
remediation, the Beneficent
information
the Travelling-dispute-settling,
and the Hospitable post-obituary.
Ratiocinative
Art. Question. This union of Offices why thus generally interdicted?
Answer. Reason.
1. If duty attended to, the functions attached
to an Office will be sufficie suffice to occupy the
whole of the functionarys applicable time. Partly on this supposition
is grounded the suffering allotment made of the
self-suppletive function to the functionary in every department.
Ratiocinative.
2. If two offices were allowed the occupation of two
Offices by the same person were allowed, an individual
whose time ought to be fully occupied by the duties of one
Office, might for the sake of the additional emolument, procure
himself, or consent, to be located in another second without resignation resignation
of the first.
Ratiocinative
3. Of the union made to of a Judicial Office to an Office an Office belonging to any other
Department, the consequence might be an indirect and
concealed power of self-judication. The In virtue of the judicative
power of the Judge his own conduct or that of some connection of his in the other office
might come to be decided upon by himself. For though
by §. to some purposes the conduct of an Administrative functionary
is subjected to as far as Administrative Judicatory for that purpose
established,
it is not thereby as to other
purposes exempted from
the cognizance of the ordinary
Judicatory.
Identifier: | JB/039/245/001 "JB/" can not be assigned to a declared number type with value 39.
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1826-09-22 |
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039 |
constitutional code |
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245 |
const. code ch. ix |
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001 |
enactive / enactive / ratiocinative / ratiocinative |
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1 |
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recto |
c1 / d5 / e5 |
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jeremy bentham |
j whatman turkey mill 1826 |
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jonathan blenman |
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1826 |
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[[notes_public::"not employed" [note in bentham's hand]]] |
12252 |
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