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1827. May 10. ++ 3
Constitutional Code
Ch. XII. Judiciary collectively
§.8. Functions common
to all Judges
3
☞ 19 Aug. 1828. This scale revision, for
the purpose of combining the more recent with the precedent matter
§.8. Functions common to all Judges.
Expositive.
Art. 1. Distinctive and non-distinctive — into these
two classes may be divided in the first place the aggregate,
composed of the Judiciary belonging in common to
all Judges.
Expositive.
Art. 4. By distinctive, understand those functions which belong
to them, to the exclusion of all other, functionaries.
Enactive. Expositive.
Art. 5. To these functions exercise is given, by contributing
within the field marked out by the Legislature, to the giving
execution and effect, to its ordinances, or as also to those of the several Sublegislatures, in relation to such
matters, as become subject matter of contestation, and all
such other matters, in relation to which no authority is given
to any functionary belonging to the Administrative Department.
As to these matters see Procedure Code. Ch. title Applications.
Expositive.
Art. 6. Exercisible by the Judges (principal and Deputes) alone —
— exercisible by his and their special subordinates. Into these
two classes may be divided the aggregate of the distinctive functions
belonging in common to all Judges.
Enactive. Expositive.
Art. 9. 7. Understand by a function exercisible by a Judges alone, the as above, the executive or say
demandative or say or directive function, by the exercise of which in pursu by means
of the elementary functions therein contained, (as per §.9 Elementary functions) in pursuance
of application made to them him for the commencement of a suit or
otherwise, mandates and decrees are issued, for the purpose of giving execution & effect, to some ordinance of the
Legislature, in so far as contestation has place, whether as to the question of law, or as to the question of fact: with Go on to the next page
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