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1824 Decr. 26 1825 Dec. 18. +
Constitutional Code q
Ch. XXVI. Local Headmen
§.5.III. Stipendiary Army
controlling function
Instruction
1. Stipendiary Army controlling
function.
Stated under Ch. X.
Defence force, as to repression
of occasional abuse of military
power the necessity of inhibition,
and thence the
demand for notoriety of
which is d: military
necessity being in war or contemplation
of war justification.
Instructions
[+] Under the head of Military necessity
— and how arbitrary power with its abuses is the result of
max Legislative at
.... for its purpose of indemnity subsequential
[+] The word controll is
here in a particular degree
apposite. Controlling is
contra rotulation — it
is by contra rotulation
that the apprehension
-inspiring power is checked.
Contra rotulation is the
to roll
one account which shall
operate as contrarily
to any delinquency in
any such shape in
which opportunity
may be afforded by
the nature of the case.
§.6. III IV. Stipendiary Army controlling function
Instructions to the Legislator
In Ch. X Defence Force the principle
has been advanced, that it can be of no use the inaptitude of all legislative infliable
prohibition bars to the abuse of military power, and the consequent
necessity of making the most of such bars as it is of the
nature of the public opinion tribunal to oppose the
evil by maximizing and p the notoriety of
whatsoever exercise is given to the stipendiary force another
grant of military necessity
2
2. See here the application:
cognizance given
to a non-military functionary
commanding a
radical force superior
to any stipendiary do
not under the command
of an officer of rank
and extensive command.
3
3. Whatever is done
by the Stipendiary,
the Headman inspects,
the Registrar records
Stipendiary can not
stir but both are at
his elbow.
In the political situation here established may
be seen the particular means of execution employable for
giving application and effect to this principle. In every
Bissubdistrict the military functionary will find a non-
military functionary capable of taking, and under the obligation of
taking cognizance of the extraordinary exercise given
to the extraordinary military power: and this non military
functionary establishes in the command of such a force
a radical force of the Bissubdistrict as will be sufficient
to overpower any force that can be under the command
of a Stipendiary Officer whose rank is by some
grades above the lowest. Whatsoever is shewn On the occasion of the by the
Stipendiary Officer functionary the non stipendiary non-military Local Headman inspects and can
keeps it within bounds, the Local Head Registrar records
it. The smaller the territory, the nearer at hand on every such occasion will
the Headman of it be: in no part of the territory can
the military commander set on foot without expecting
being in immediate expectation of seeing the controlling
functionary at his elbow.
Identifier: | JB/042/683/001 "JB/" can not be assigned to a declared number type with value 42.
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