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<head>1823. | <head>1823. Oct<hi rend="superscript">r</hi>. 6 + 11<lb/> | ||
Constitutional Code | Constitutional Code Cop<hi rend="superscript">d</hi></head> | ||
<note>1. Enactive<lb/> | <note>1. Enactive<lb/> | ||
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<p>1</p> | <p>1</p> | ||
<p>§.9. Aid-compelling function.</p> | <p>§.9. <hi rend="underline">Aid-compelling function.</hi></p> | ||
<note>1<lb/> | <note>1<lb/> | ||
Art. 1. Aid-compelling function.<lb/> | Art. 1. Aid-compelling function.<lb/> | ||
Where, for Giving execution and<lb/> | <add>Where, for</add> Giving execution and<lb/> | ||
effect to ordinances<lb/> | effect to ordinances<lb/> | ||
when through Judicial authority<lb/> | <add>when</add> through Judicial authority<lb/> | ||
Ministerial subordinate<lb/> | Ministerial subordinate<lb/> | ||
power being insufficient<lb/> | power being insufficient<lb/> | ||
| Line 24: | Line 24: | ||
for casual assistance.</note> | for casual assistance.</note> | ||
<p>Art. 1. Aid-compelling function. This <gap/> The <gap/> <gap/> function<lb/> | <p>Art. 1. <hi rend="underline">Aid-compelling</hi> function. This <del><gap/> <add>The <gap/> <gap/></add></del> function<lb/> | ||
is exercised where, for giving execution and effect to any Legislative<lb/> | is exercised where, for giving execution and effect to any Legislative<lb/> | ||
Ordinance, through the medium of the Judicial authority,<lb/> | |||
the physical power <gap/> of the Ministerial subordinate of the<lb/> | the physical power <del><gap/></del> of the Ministerial subordinate of the<lb/> | ||
department Judicatory <gap/> being insufficient or not at hand,<lb/> | <del>department</del> Judicatory <del><gap/></del> being insufficient or not at hand,<lb/> | ||
a demand has place for such other assistance as the state of things<lb/> | a demand has place for such <add>other</add> assistance as the state of things<lb/> | ||
furnishes.</p> | furnishes.</p> | ||
| Line 39: | Line 39: | ||
malefactor.<lb/> | malefactor.<lb/> | ||
2. Prehension of a resisting<lb/> | 2. Prehension of a resisting<lb/> | ||
d<hi rend="superscript">o</hi>.<lb/> | |||
3. Termination of <gap/> conjunctly<lb/> | 3. Termination of <del><gap/></del> <add>conjunctly</add><lb/> | ||
maleficent operation<lb/> | maleficent operation<lb/> | ||
against person or<lb/> | against person or<lb/> | ||
property | property: by association<lb/> | ||
or numbers, the<lb/> | or numbers, the<lb/> | ||
malefactors otherwise<lb/> | malefactors otherwise<lb/> | ||
not subduable.</note> | |||
<p>Art. 2. Examples of Of cases in which the necessity occasions with the purposes for which the<lb/> | <p>Art. 2. <del>Examples of</del> Of <del>cases in which the necessity <add>occasions with</add></del> <add>the purposes for which the</add><lb/> | ||
for need of the exercise of this function may have place, the following are<lb/> | <del>for</del> <add>need of</add> the exercise of this function may have place, the following are<lb/> | ||
examples —</p> | examples —</p> | ||
<p>1. Assistance necessary for the Discovery or pursuit of a<lb/> | <p>1. <del>Assistance necessary for the</del> Discovery or pursuit of a<lb/> | ||
fug self concealed latent malefactor.</p> | <del>fug self concealed</del> latent malefactor.</p> | ||
<p>2. or for the Prehension of a resisting one.</p> | <p>2. <del>or for the</del> Prehension of a resisting one.</p> | ||
<p>3. <gap/><gap/> Giving termination to a course of conjunct maleficence,<lb/> | <p>3. <del><gap/><gap/></del> <add>Giving termination to</add> a course of conjunct maleficence,<lb/> | ||
carrying on to the injury of person or property,<lb/> | carrying on to the injury of person or property,<lb/> | ||
by malefactors, | by malefactors, rendered by <unclear>armature</unclear> or numbers not otherwise<lb/> | ||
<gap/> subduable.</p> | <del><gap/></del> subduable.</p> | ||
<note>3<lb/> | <note>3<lb/> | ||
Art. 3. Rule here —<lb/> | Art. 3. Rule here —<lb/> | ||
minimize evil — viz as to<lb/> | <hi rend="underline">minimize evil</hi> — viz as to<lb/> | ||
1. Exercise or | 1. <hi rend="underline">Exercise</hi> or non exercise<lb/> | ||
of the function<lb/> | of the function<lb/> | ||
2. Persons to what<lb/> | 2. <hi rend="underline">Persons</hi> to what<lb/> | ||
the power shall be<lb/> | the power shall be<lb/> | ||
employed<lb/> | employed<lb/> | ||
3. Manner, in which.</note> | 3. <hi rend="underline">Manner</hi>, in which.</note> | ||
<p>Art. 3. On every such occasion, as to between the exercise and<lb/> | <p>Art. 3. On every such occasion, as <del>to</del> <add>between</add> the exercise and<lb/> | ||
non-exercise of this function, and as to the persons <gap/> on whom<lb/> | non-exercise of this function, <del>and</del> as to the persons <del><gap/></del> <add>on</add> whom<lb/> | ||
the | the power <del><gap/></del> attached to it shall be employed, and <add>as to</add> the<lb/> | ||
manner in which it shall be employed, minimize evil<lb/> | manner in which it shall be employed, <hi rend="underline">minimize evil</hi><lb/> | ||
is the rule, which, on this occasion as in All others will<lb/> | is the rule, which, on this occasion as in All others will<lb/> | ||
be to be pursued.</p> | be to be pursued.</p> | ||
| Line 83: | Line 83: | ||
persons, employ those<lb/> | persons, employ those<lb/> | ||
who may be so with<lb/> | who may be so with<lb/> | ||
least | least detriment to the<lb/> | ||
individuals and to<lb/> | individuals and to<lb/> | ||
public service.</note> | public service.</note> | ||
<p>Art. 4. Accordingly, as to the choice of the persons, those<lb/> | <p>Art. 4. Accordingly, as to <del>the</del> choice of <del>the</del> persons, those<lb/> | ||
will be thus employed in preference be to be preferred whose services may be thus<lb/> | will be <del>thus employed in preference</del> <add>be to be</add> <add>preferred</add> whose services may be thus<lb/> | ||
employed, with best | employed, with best least detriment, as well to those individual<lb/> | ||
concerned, as to the public service.</p> | concerned, as to the public service.</p> | ||
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
when 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 best least detriment, as well to those individual
concerned, as to the public service.
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