JB/030/017/001

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1824 August 10
Civil Constitutional Code Civil Code

1 2o
Ch Property Fiduciary
Ch. XII Judiciary collectively
(1 §. III Tutelary function

☞ Mon. 17 Aug. 1824. This will be employed in
Constitut Code, but will be of use for Civil Code.

☞ 1 Sept. 1828. Quere
as to the non-insertion?

Judge's tutelary function

1
Art. All Judges tutelary
functions elementary functions
are these —
1. The executive
2. The dislocative
3. The locative

Art. Included in the Judges tutelary functions are
three elementary functions — 1. the executive. 2. the dislocative
3. the locative

2
Art. 2. 1 Executive function
by which By this in case of a
fiduciary power created
and conferred, provision
is made against the any
failure, in respect of reddition of the
service, the the reddition
of which it was
created and conferred
in other words in the
fulfilment of a trust established
by law

Art. By the Executive function. By exercise given to this function he provides for the in case
of any breach of trust, on the part of a any person or persons invested
with the any private fiduciary power in question in any shape, he makes such provision for
the fulfilment as the nature of the case allows to be made for
the due fulfilment of that same trust.

3
Art 3. Considered as possessed
of a portion of fiduciary
power, a person is denominated
a trustee. To p.2

Art. Considered as possessed of a portion of fiduciary
power a person is termed denominated a trustee.

Art. By the distinction, in case of need he
directs the trustee of the fiduciary power by his aband

Art. The locative power is inexercisable in law not exercisable by
cases; so where by dislocation that a vacancy has
the Judge but for the filling up of a vacancy

From p.2.
8
Art. 8 II By exercising of the Dislocative function
dislocative function it
provides by this provision is made for the due fulfilment
of a trust, in so far as
may be done by the dislocation
of the supposed unfaithful
trustee by which
his power (its is supposed) has
been abused.

Art. 8. The dislocative function By the exercise of the dislocative function that be
provided for the due fulfilment of the trust by the removeable of a trustee by
whom, in his public the power the functionary power — has been abused.

9
Art. 9 III Locative power
In case of a functionary
power or say trust, of the
cases which produce a demand
for the exercise of
this power the most usual
is that of a vacancy: the
necessary result of dislocation
by whatever cause produced.

For the exercise of the locative power the
Art. 9 III. Locative function. By For the exercise given to this function,
the most usual demand is that which is created by the happening of a vacancy: a
vacancy the a necessary result of dislocation by whatever cause produced A vacancy by the dislocation of the last
possession. Such dislocation is either

10
Art 10. Causes are all either
real or factitious
1. Natural: example death
and relative natural
2. Factitious, where the actual
by force of law[+]
[+] Cases in which to the clear fulfilment of a trust, it may be necessary that in respect to a trustee the locative function be exercised by the Judge as to a vacancy. 2. any case in which
a trustee the the benefit contemplated in the institution
of the trust can not be made to have place, without the addition of some trustee over and above the
trustee or trustees for the existence of whom the provision was originally made.

Art. 10 Of dislocation the causes are either natural or factitious.
natural when produced by death or physical incapacity disability inability
factitious when produced by the act of man warranted by him
as where in any official situation by the act of a superordinate
or in any other case by the act of the Judge.

A man By death vacancy will be produced a vacancy
requiring to be filled up by the Judge in every case in
which for want of it

Art In every case in which on the death of a person
invested with functionary power the good purpose for which the power was
con created and conferred, would unless a successor or successors to
this respect were created, to cease to be effected, the power of locating such successor or successors belongs
to the Judge.

Identifier: | JB/030/017/001 "JB/" can not be assigned to a declared number type with value 30.
Date_1	1824-08-10	Marginal Summary Numbering	1-3, 8-10
Box	030	Main Headings	civil code
Folio number	017	Info in main headings field	civil code civil code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / e1
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public	[[notes_public::"mon 17 aug. 1824 this not to be employd in constitut. code, but will be of use for civil code / 1 sept. 1828 quere as to the non-insertion?" [note in bentham's hand]]]	ID Number	9524
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