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1828 Aug. 16
Blackstone
For the better sufficient securing the effectual exercise of
the executive just named executive functions of a Judge, three other functions may here be
mentioned; namely the mandative, the sedative, and the
aid-compelling. By the mandative, he issues to all individuals
subject to his authority, and to his own subordinate and
official instruments in particular, the command the
execution of which is on each occasion necessary to the accomplishment of
the appropriate object. By the sedative, or by tranquility
producing or tranquillizing function, he puts an exclusion
upon all obstructions which by discourse, noise is
on the spot might otherwise retard an frustrate or embarass the proceedings
carried on before him. By the aid-compelling
function, he in case of resistance to any of his mandates
he calls in the aid of all persons whose bodily power for this purpose
the law shall have thought fit to have duly thus placed
at his disposal.
Other judicial functions there are which when the case
of an appeal made from one judicatory to another there may
be occasion to bring to view. See below ... ...
☞ Here state how as to these points the Law is?
On this occasion, some further lights may perhaps be
thrown upon the par field of judicature, by a brief mention of
a few certain other arrangements which have been proposed by presented themselves to
some observers, but which are not at present to be found exemplified
anywhere in English Law as it stands at present.
Identifier: | JB/030/109/001 "JB/" can not be assigned to a declared number type with value 30.
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030 |
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109 |
blackstone |
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001 |
combination of judiciary & procedure |
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jeremy bentham |
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9616 |
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