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1823. Octr. 6 + 11
Constitutional Code Copd
1. Enactive
Ch. 11. Judiciary collectively
§.9.
1
§.9. Aid-compelling function.
1
Art. 1. Aid-compelling function.
Where, for Giving execution and
effect to ordinances
where through Judicial authority
Ministerial subordinate
power being insufficient
a demand has place
for casual assistance.
Art. 1. Aid-compelling function. This The function
is exercised where, for giving execution and effect to any Legislative
Ordinance, through the medium of the Judicial authority,
the physical power of the Ministerial subordinate of the
department Judicatory being insufficient or not at hand,
a demand has place for such other assistance as the state of things
furnishes.
2
Art. 2. Purposes for
which need may have
place — Examples
1. Discovery of a latent
malefactor.
2. Prehension of a resisting
do.
3. Termination of conjunctly
maleficent operation
against person or
property: by association
or numbers, the
malefactors otherwise
not subduable.
Art. 2. Examples of Of cases in which the necessity occasions with the purposes for which the
for need of the exercise of this function may have place, the following are
examples —
1. Assistance necessary for the Discovery or pursuit of a
fug self concealed latent malefactor.
2. or for the Prehension of a resisting one.
3. Giving termination to a course of conjunct maleficence,
carrying on to the injury of person or property,
by malefactors, rendered by armature or numbers not otherwise
subduable.
3
Art. 3. Rule here —
minimize evil — viz as to
1. Exercise or non exercise
of the function
2. Persons to what
the power shall be
employed
3. Manner, in which.
Art. 3. On every such occasion, as to between the exercise and
non-exercise of this function, and as to the persons on whom
the power attached to it shall be employed, and as to the
manner in which it shall be employed, minimize evil
is the rule, which, on this occasion as in All others will
be to be pursued.
4
Art. 4. Thus, as to
persons, employ those
who may be so with
least detriment to the
individuals and to
public service.
Art. 4. Accordingly, as to the choice of the persons, those
will be thus employed in preference be to be preferred whose services may be thus
employed, with least detriment, as well to those individual
concerned, as to the public service.
Identifier: | JB/042/335/001 "JB/" can not be assigned to a declared number type with value 42.
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1823-10-06 |
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constitutional code |
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aid-compelling function |
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jeremy bentham |
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