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1823. Octr. 6. 1825 Oct 29 §.7. + Corrected by G.B. 1827 Feb. 24 8
Constitutional Code. 1. Enactive Part.
Ch. XII. Judiciary collectively
§.8. Functions common
to all Judges.
1
☞ 1827 Feb. 24. This will require revision
in pursuance of subsequent lights
Superseded?
§.9. Elementary are so as to the Executive function clause.
§.8. Functions common to all Judges.
Art. 1. To all Judges principal as such, belong the functions
following, together with the obligation of exercising them, in so far as the exercise of them is necessary
to the due fulfilment
of the ends of
justice
Art. 2. Executive function. To the exercise of
this all-embracing function, the several other
subsequently mentioned functions are contributory conducive and subservient.
To the Judge it belongs, in each Judicatory, within
the his fields of his jurisdiction service, to give execution
and effect to the ordinances of the Legislature,
sole source of really existing law, in so far as contestation has place, either whether as
to the question of law, or or as to the question of
fact: as per Ch. IV, Art. 5. see
Art. 3. So, to alledged rules of conjectural, law alias inferential, alias Jurisprudential,
alias inferential alias Judge made, alias Unwritten,
alias Common Law, so long and in
so far as, any part of the rule of action and
basis of Judicature, has been left still floating
upon that imaginary, and purely fictitious nebulous perpetually delusive, and uncertainty-
perpetuating and insecurity-
perpetuating ground
ground.
Art. 4. As to all ministerials subordinates in his
own line and grade, it belongs to every Judge whether Immediate or Appellate, subject
to the direction of the Justice Minister, to exercise the
locative, suppletive, directive and dislocative, and suspensory (a) functions:
as to his own office, the suppletive or say the self-suppletive, as per § : as to certain things,
the use of which is necessary to the exercise of his
other functions (b), the custoditive and applicative functions;
but not the procurative or the diminitive: this, not being exercised by him but in conjunction with the Finance Minister.
as to these same persons and things, the inspective
function: as to these same persons and things, as well
as Judicial proceedings and other occurrences, by and with the instrumentality of the Registrar of his judicatory, the
statistic or say say minutative and recordative functions: by the instrumentality
of the Registrar of his Judicatory: as to
states of things, ordinances and arrangements, the
melioration-suggestive.
Art. 4.
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"superseded?" |
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