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1828 Aug.22
Constitutional CodeCopd
Ch. XII. Judiciary collectively
S8 Functions common to Judges
S.9 Judges Elementary function
Modifications of the decritive function, considered
modifications grounded declined from in the consideration of relative time
of the decritive function in both the branches as above
are the are
Considered with regard to relative time
Expositive
Art. 5 Principal and subsidiary - in Relation had to relative
time, such are the modifications, which the
decritive function, considered in respect of both its branches
taken together - namely the operattively decritive and the imperatively
decritive - areis susceptible.
Expositive
Art. 6 By the principal decritive functions understand that
by the exercise of which the extive and effect given to the
ordinances of the substantive law are more in a more
direct and
immediate way accomplished, and which
which has place, in every case, in which , by the act of the Judge axcusitive and
effect is given, to the article or articles in question belonging
as above to the Substantive main body of the law, and
which, being generally speaking commonly the last, which show no need for the Judge has
need to exercise, may, are
that consideration, be
denominated the ultimately
decritive function
Expositive
Art.7 By the subsidiary decritive functions, understand
then to which exercise is is not given,
according to the individual circumstances of the individual
suit in question.
Expositive.
Art.8 1. Introductory, or say interlocutory - 2. Supplement
2. Supplementary or say post decritory: into these may request to be
distinguished the subsidiary decritive functions, as above
Expositive
Art. 9. By the introductorily decritive or say the interlocutorily
decritive function, understand-that of the exercise of which in some cases
the need has place, in some cases produced anticedently to the time, at which
the proceedings are ripe for exercise to be given to the
ultimately decritive functions, as above.
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