JB/034/258/001

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1823. Octr.7 1825 Oct. 30
Constitutional Code 1. Enactive Part Ch. Judiciary collectively
§. 9. Judge's Elementary functions.

☞ To these include the power necessary
to the collection of evidence. 4 Feb. 1825.

§. 8. Judge's Elementary functions.

Art. Elementary functions. By the elementary
functions belonging to a Judge, understand those,
the exercise of which in conjunction is, in the ordinary
course of his business, necessary to the discharge
of his other functions, such as the above,
and in particular of the executive function, that being the one to which all the others are subservient.
Examples are the following.

I. Elementary functions common to every Judicature
– including both grades of Judicature, immediate and appellate, and exercised personally by the Judge.

1. Auditive function, as applied to oral discourse.

2. Lective

function, as applied to written discourse.

or any other visible document.

3. Inspective function: as applied to written discourse,
or any other visible document

4. Interrogative function orally exercised

5. Interrogative function, epistolarily or otherwise scriptitiously exercised.
Note that the interrogative function is an application
made of the hereinafter mentioned imperative.

6. Commentative function, exercised by making
observation on what has been heard or seen.

7. Recordative function Declaratively decretive, or say opinative function: exercised by
the delivery of an opinion: declaring that the
meaning of the law is so and so, or that the
fact or facts in question are so and so: with
the inference as to the state of rights and obligations
on both sides.

8. Imperatively decretive function: exercised by
the issuing of a judicial order ordinance or mandate, in pursuance
of the exercise given to the declaratively decretive
function.

9. Ratiocinative, or say Reason-giving function; exercised by stating
the considerations which, in the character of inducements,
led to the formation of the declaratory
decree.

10. Recordative function, exercised by causing entry to be made in a book, of
the result of the exercise given to any or all of the abovementioned functions.

II. Elementary functions appertaining exclusively
to an Appellate Judicatory, as such: being such
many modes of the abovementioned conjunct decretive functions which as
bear reference to the exercise made, of the decretive corresponding functions, on the part of the Subordinate
Immediate Judicatory.
1. Confirmative

Identifier: | JB/034/258/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-10-07	Marginal Summary Numbering	1-2
Box	034	Main Headings	constitutional code
Folio number	258	Info in main headings field	constitutional code enactive part
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d11 / e1
Penner	john flowerdew colls	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	10532
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