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[xxxvi. 18]
1821 April 16
Financial [...?]
Traveller April 9th. 1821. In Prussia, no military promotion till after examination.
Financial Law has for its proper end economy.
Of economy there are two branches: the one positive or say distributive; the other negative or say restrictive: the one, the distributive - the positive branch; the other restrictive - the negative branch.
The distributive branch, has for irs object the due /apt/ appropriation of the aggregate of the sums levied to the several services for which they are levied.
The restrictive branch has for its object avoidance to being any sum of all exaction, the burthensomeness of which is not outweighed by the usefulness of the application made of it.
For judging of the consistency of any mass of expenditure with the proper ends of economy take for a test this directive rule: with the alledged benefit, alledged to be expected, from the expenditure compare the unquestionable burden produced by a part to the same amount, to the most burthensome tax: frego the benefit, the burden is excluded.
Economy in a state, Taken in its narrowest and most ordinary sense, Economy in a state, has for its subject matter money and money's worth: taken in its most extensive sense, it comprehends the matter of reward, in those additional shapes in which it is to Government, that it is indebted for its existence viz. power and factitious dignity.
Suppose negative economy, practice at all times in its utmst perfection, no positive act is required for the accomplishment of its end: suppose a failure to any amount to have taken place, waste to that amount has been committed. Thereupon comes the demand for a new branch of economy - the reformative:- say in one word retrenchment.
Retrenchment in either of both of two shapes - simply discontinuative abrogative: simply discontinuative is confined to the case where the species of expenditure discontinued has been made over for all? not constituting a point in a line of established expenditure: abrogative is necessary in so far as a line of that sort has place.
To simply discontinuatie retrenchment a negative act suffices; to abrogative, a positive act is necessary - the enactment of an appropriate law /ordinance/ or regulation. For the actual ends of Financial Law see Constitutional Law.
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Title: [[xxxvi. 23] 1821 April 25 First]Description: [xxxvi. 23] 1821 April 25 First Lines Constitutional Finance Law concerning Finance - Financial Department of Government The financial department is that which regards /by which is performed/ the extraction, custody, and expenditure of such money and money's worth as is employed or professed to be employed in the public service: viz. in the several other departments - in this and the several other branches of the public service. Whasoever be the public function by the exercise of which service is rendered or professed /pretended/ to be rendered to the public, or to any part of it, money, or money's worth, or both, are, in a quantity more or less considerable, necessary to be employed and disbursed on the occasion of its being rendered: the financial branch is thus a branch which interlaces /intertwines/ itself and runs through the several abovementioned /other/ branches of the public service. Of This branch of Government has for its proper end frugality /that branch of /or/ good economy which consists of/ - appropriate frugality. In every department of the public service, good management has two perfectly distinguishable branches: the first peculiar to itself, being correspondent to the particular nature of the service: the other common to it with all the others: this universally applying branch of good management is frugality. Considered in another point of view the peculiar and characteristic branch here spoken of may be stiled the positive branch: this, which is common to all, the negative branch: The dictates of frugality are conformed to in so far as, without preponderant prejudice to good management in other respects, money and money's worth is avoided to be disbursed or consumed.
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Title: [1821 April 25 First Lines Constitutional]Description: 1821 April 25 First Lines Constitutional Finances Law concerning Finance — Financial Department of Government The financial department is that by which is performed the extraction custody and expenditure of such money and money's worth as is employed or professed to be employed in the public service: viz. in the several other departments — in this and the several other branches of the public service. Whatsoever be the public function by the exercise of which service is rendered or pretended to be rendered to the public, or to any part of it, money, or money's worth, or both, are, in a quantity more or less considerable, necessary to be employed and disbursed on the occasion of its being rendered: the financial branch is thus a branch which intertwines itself and runs through the several other branches of the public service. This branch of Government has for its proper end that branch of good economy which consists of appropriate frugality. In every department of the public service, good management has two perfectly distinguishable branches: the first peculiar to itself being correspondent to the particular nature of the service: the other common to it with all the others: this universally applying branch of good management is frugality. Considered in another point of view the peculiar and characteristic branch here spoken of may be stiled the positive branch: this, which is common to all, the negative branch. The dictates of frugality are conformed to in so far as, without preponderant prejudice to good management in other respects, money and money's worth is avoided to be disbursed or consumed.
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Title: [[xxxvi. 17] 1821. April 9.]Description: [xxxvi. 17] 1821. April 9. First Lines Financial Law. \PS\ Financial law - law belonging to the Department of Finance - Revenue Law. Financial law has, for its elementary part, portions detached from the several other branches of law. From the civil branch of law By the Contributions which it opposes, burthens /correspondent/ to that amount are distributed among the several contributors: considered /contemplated/ in this point of view, the matter of the law of finance belongs to the distributive called the civil branch of law. Penalties are attached to the conduct of all such persons whose endeavours are in any way applied in weakening the efficiency of these impositions: contemplated in this point of view, the matter of the law of finance belongs to the penal branch of law. It is by the authority of certain persons invested with corresponding powers, that these contributions are imposed: the determination who these persons shall be - in what way they shall become invested with these powers - belongs to the Constitutional branch of Law. Thus much as to receipt: after receipt, or in contemplation of receipt, comes expenditure. In whatsoever shape money or money's worth passes out of the hands of those at whose command it is, if it be not disposed of in absolute waste, it operates in the character of matter of reward: contemplated in this point of view, the matter of financial law belongs to the remuneratory branch of law.
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