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1825. Octr. 31. +
Constitutional Code Copd
Ch. XII. Judiciary collectively
§.3. Judiciary functionaries
4 2
§.3. Judiciary functionaries, (continued.)
Enactive and Expositive
Art. 4. In case of need, for giving effect to the
ordinance mandate of a Judge, all persons are, on requisition
by him made or from him emaning, bound
to act as occasional Ministerial Judicial Officers, in
any of the above several capacities: all persons,
and in particular all Prevention Service
functionaries, all Army functionaries, and all
Navy functionaries.
Enactive and Expositive
Art. 5. So likewise on their own motion and
without waiting for any ordinance from a Judge such mandate as per Art. 5.
persons are in certain cases permitted, in certain
cases even bound, to act in those several
capacities, or some of them, for the purpose of
giving execution and affect to the law: viz.
on the presumption that, had the occasion come
to his knowledge, such to the effect in question would have been the order
of the Judge. For a specification of these cases, together with the names for the institution of their
power in the several cases,
see the Penal
Non-penal and Procedure Codes.[+]
[+]1 Note, that in and by
In the Procedure
Code, the application
arrangements, for the
application of the
necessary checks to
abuse of the power in
these cases being purged of
factitious delay vexation
and expense, —
proportioned in the efficacy
of the security
thus afforded as the
amplitude of the power
which may without
preponderant danger be created and conferred.
In contradiction to these
occasional, those others
as per Art. 3. may
be styled permanent
judicial functionaries.
Instructional Enactive and Expositive
Art. 6. Distinguished with reference to place,
these functionaries will be either stationary, or
itinerant: stationary as the several local Headmen,
as per Ch. XXVI: and Local Registrars, as per
Ch. XXVII: itinerant, as the several persons employed
in the exercise of the accersitive, or say hither-culling, prehensive,
adductive, abductive and transductive functions: as to which
see §.13 9 Elementary functions. Judges principal,
considered in respect of the periodical migration
to which they will be seen subjected, may
be considered as being in so far, itinerant: but,
in each station, between migration & migration,
they are stationary, Outdoor attendance, as per
Ch. XIII notwithstanding. So also Government
Advocates principal, and of the Eleemosynary Advocates
principal.
. Art. 7.
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