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1826. July 31
Penal Code
Ch. Juries prudential entities
§
15
Power legal &
popular sense
In common speech the word power is used in two
senses: to wit the above sense this may be called
the proper and legal sense and another sense more
examples which may be stiled the popular sense: —
In The strictly legal sense which is used in the
penal & civil branches of the law: in the popular sense
in the Constitutional sense: —
16
In both cases compliance the
fruit of the exercise
of power — compliance
looked to
In both cases the fruit of the exercise of the power
is looked to and that fruit is compliance: on the
part of the person subject to power compliance
with the wishes expressed or presumed to be entertained
by the person by whom the power is possessed:
For convenience of discourse say in one word the
power holder: —
17
Effect of power
power of
compliance to
power holders will
The force of the remuneration sanction it has
above been observed is not sufficient to constitute
an obligation: It is however in a certain
sort sufficient as every body knows to constitute
power: the effect of power is produced so far
as by the will declared or presumed of him who in
this sense is the powerholder compliance is produced
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