[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.