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Ch. XXV. Justice Minister
§.6. Jurisdiction adjustive function
Art. 11. As between two such conflicting mandates, the privilege
belongs to that one to which execution has fast begun to
be given.
Art. 126. To the In case of disagreement as to the priority in point
of time, the prevalence belongs provisionally to the orders of
the invalid Judge.
Art. 13. Jurisdictive-adjustive function. To this function
exercise is given by an imperative mandate, declaring an Appeal
from either of the thus conflicting mandates, to which
of them execution shall definitively given. This function, of
the territories are situated both within the same District
belongs to the Judge Appellate, if in different districts to the
Justice Minister.
Art. 14. In the exercise of this same Jurisdictive adjustive
function, it will be the case of the superordinate functionary
lest by the one subordinate the invasion be unduly declined
or unduly performed, or by the other unduly acquiesced in
or opposed: as also lest by collusion on the part of one or
both, priority of execution in favor of a party on either side
be unduly obtained.
Art. 15. Provisional only is the prevalence in the above
examples spoken of. Between counterdemandants, whether
in the same or different judicial territories for the arrangements
made for ultimate equality or proportionality
of distribution, as of burthens, &&c of benefits, see
the Penal by the Non Penal, more especially the non penal
Code.
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