JB/042/227/001

Click Here To Edit

1828. Septr. 17 ++ J 3
Constitutional Code Copd

Ch. XII. Judiciary collectively
§. Judicial functionaries

3

In all cases those excepted, in
which it belongs the obligation of
producing that effect belongs to functionaries
in the Administrative Department in their several fields of service.

Art. 2. By a Judge, understand functionary
to whose principal and characteristic function exercise is given, by giving
by means of appropriate decrees operative and imperative, and the
mandates thereto conducive, execution and
and effect to ordinance of the Legislature, the case a case in which like
contestation has
place
is or supposed to be to be a subject matter of dispute
or say contestation: that is to say where on the demand made
for the render by one party for the rendering of a certain service
by another party under the notion that such demand is warranted
by some such ordinance as above, it being so is
denied by the party of whom it is so demanded, and
in consequence of such denial, refund or say or
to be rendered,
in all cases, those excepted in which the obligation of producing
that effect belongs to functionaries in the Legislation and Administration Departments in their
several and respective
fields of service.

Art. 3. Note that, in the case where really existing law, commonly
called Statute or Written Law is the object or say subject matter of reference, the ordinance in
question is a really existing ordinance: the terms of it
originating with and having been fixt, by that Legislature: whereas under in a case in which
the object or subject matter of reference is that which
and test of obedience
is universally called universally Unwritten Law and by English Lawyers
Common Law (in one of the several senses in which
that appellation is employed) that reference not being
capable of b there not being any such expression of the really existing
will of the Legislature object or say subject matter of reference applicable to the case, an un
portion of supposed falsely supposed existing law — say a supposed
virtual ordinance — must, on the occasion of each
such demand, be imagined for the purpose: imagined
in the first instance by the applicant — by a Pursuer for example: and either that same or some other of his
own framed
by himself the Judge or by
for some other party
to the suit,
such
imaginary ordinance if the decision of the Judge be in conformity
imagined recognized as equivalent to
must be acted upon by the Judge him as if it had a real existence.
existing ordinance having the same import

Contestation In a case when the functionary applied
to for the rendering the official service in question is a Judge, the asking and thereby terminating giving termination to the correspondent dispute
as such, the contestation is termed like contestation

As to the termination of the dispute in a contested case, in
every Subdepartment, in so far as the dispute has for its parties, either on each side a subordinate of functionary belonging to that
Ministers Subdepartment
on one side is subord functionary belonging to that same Subdepartment on the other side a person at large, the person to whom it belongs to terminate such dispute
can not be any other person than the Minister of that same Subdepartment: but in dispute this case the person by whom the termination is put to the dispute[+]
[+] is say the and being the sort of functionary
stiled a Judge, as being employed to terminate
contests between persons at large, the contestation is
not in this case termed a contestation

Identifier: | JB/042/227/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1828-09-17	Marginal Summary Numbering	2-3
Box	042	Main Headings	constitutional code
Folio number	227	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d3 / e3
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public	"copd"	ID Number	13150
Box Contents