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<head>1823. Oct<hi rend="superscript">r</hi> | |||
<head>Constitutional Code 2. Enactive Part</head> | |||
<p>What difficulty there is attaches itself, almost <lb/> exclusively to the executive function: to that which <lb/> exercises <add>operates</add> itself upon individuals, in their individual<lb/> capacities.</p> | |||
<p>In truth, when looked <add>upon</add> a little nearly, in <lb/>so far as reason, more favour or disfavour is taken <lb/> for the guide, it will, in the instances of certain <lb/> classes, be seen to be of the Judicial character. <lb/> Where the fact constituting the efficient cause <lb/> of title to exemption is of a motive to be put <lb/> out of doubt by conclusive evidence, and in the <lb/> case of quantity, the difficulty will in general <lb/> be comparatively, if not absolutely, inconsiderable.<lb/> </p> | |||
<p>Not so where, as in case of quality, it <lb/> admits not of any such conclusive evidence.</p> | |||
<p>Take for example the case of Superannuation<lb/> situations. From the efficient cause of title to exemption,<lb/> take the number of years the person <lb/> has lived, say for example sixty, here in general <lb/> there will be little difficulty. On the other <lb/> hand, if, instead of this quantity, you take <lb/> the approximate quality, viz. the capacity of<lb/> serving, in this branch of public service, <lb/> without preponderant hardship to the individual,<lb/> here comes the difficulty. One man,<lb/> of sixty-five or seventy, shall be more capable <lb/> of serving without preponderant hardship, than<lb/> another man at sixty or even fifty five. <add>But</add></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1823. Octr <head>Constitutional Code 2. Enactive Part
What difficulty there is attaches itself, almost
exclusively to the executive function: to that which
exercises operates itself upon individuals, in their individual
capacities.
In truth, when looked upon a little nearly, in
so far as reason, more favour or disfavour is taken
for the guide, it will, in the instances of certain
classes, be seen to be of the Judicial character.
Where the fact constituting the efficient cause
of title to exemption is of a motive to be put
out of doubt by conclusive evidence, and in the
case of quantity, the difficulty will in general
be comparatively, if not absolutely, inconsiderable.
Not so where, as in case of quality, it
admits not of any such conclusive evidence.
Take for example the case of Superannuation
situations. From the efficient cause of title to exemption,
take the number of years the person
has lived, say for example sixty, here in general
there will be little difficulty. On the other
hand, if, instead of this quantity, you take
the approximate quality, viz. the capacity of
serving, in this branch of public service,
without preponderant hardship to the individual,
here comes the difficulty. One man,
of sixty-five or seventy, shall be more capable
of serving without preponderant hardship, than
another man at sixty or even fifty five. But
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Identifier: | JB/041/143/001"JB/" can not be assigned to a declared number type with value 41. |
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1823-10 |
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041 |
Constitutional Code |
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143 |
Constitutional Code I Enactive Part |
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001 |
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Copy/fair copy sheet |
1 |
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Recto"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property. |
C2 / D9 / E2 |
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J WHATMAN TURKEY MILL 1822 |
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Jonathan Blenman |
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1822 |
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001 |
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