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1825 Nov. 13 ++ Constitutional Code
Copied & Copy corrected
Ch. XII. Judiciary collectively §.13. Incidental Complaint Book Instruction as to the 5 Sections
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4. On the part of a public functionary of any kind or trustee in any situation public during his continuance in his efficient situation, corruption may be produced either by intercourse between the corruptee intercourse, or mere and a corruptor, or by the mere situation force of the some corruptive situation : when by without any such intercourse, corruptive the corruptive situation being such or some as without assistance acting for when by situation situation, by some from any external a situation which application naturally inclines , his regard it is his interest betray the way in question him in this or that way to betray violate his trust. To prevent it To obviate it
To the case first mentioned the prevention of it is the business of §.12 applies Section 12 Secret intercourse obviated. In the other case that of others §.13 Partialities obviated.
In both cases, publicity is the secret remedy. But in the case of where last case the operation efficiency of it is mush more precarious than in the first: by being rendered public if made an intercourse application which is forbidden is prevented from being made. Whatsoever be the purpose Application of to case other may will considerable chance of efficiency be interdicted: But of connection from situation whether in
have place in either of two ways: by means of particular special intercourse between them and the a corruptor, or by the mere mere force of their the corruptive interest derives from their respective situations. In so far as any such intercourse is necessary to the production of the mischievous effect, to the preventing of it nothing more is necessary than the prevention of such intercourse or what comes to the same thing, the preventing it from being covered from exposure to the object plain object are directed the provisions in §.12. Secret intercourse obviated.
That more dangerous, because more difficult to guard against are those to which to the effective operation of which result from mere relation in connection in the way of external or affective social or antisocial produced by relative situation whether permanent or casual connection which being known to the functionary without any such intercourse set at nought all safeguards which extend out beyond the prevention of such intercourse to this object are directed the provisions of §.13 Partialities obviated.
because of because if committed the forbidden act may be proved. But of connection in the way of sympathy or antipathy the all prohibitive is inapplicable: no act being necessary to the
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