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182
Constitutional Code
Ch. XII Judiciary Collectively
§. 11 Sedative function
§. Sedative function.
Art. 1. Sedative function. To the Judge in each Judicatory
belongs the Sedative function: relation had to the business of
the Judicial theatre.
Art. 2. By the Sedative function, understand that by which
has for its object the securing the Judicative function against disturbance,
parties against useless delay, & actors on the Judicial theatre
against needless vexation & annoyance.#
Art. 3. In the exercise of this function power is given to the
Judges in the case of necessity to cause eliminate out of the Judicial
theatre any actor by whose misbehaviour any such disturbance
is produced.
Art. 4. So in case of necessity whether for terminating the
offence, or preventing the repetition of it by the same offender or
by others imprisonment: namely for a time limited in the imperative
decree or sentence.
Art. 5. So, in lieu of imprisonment, or at the expiration of the
term appointed for imprisonment, obligation to enter into a written
engagement for abstaining from the like offences for a term
limited: with or without a bondsman or bondsmen, who engaged
eventually to pay to the use of the public money to the
extent of a sum specified in the event of his subsequently committing
the like offence.
Art. 6. So in case of necessity for the termination
or where the continued attendance of the offender is needed, as for
example in lieu of elimination, gagging. For the instrument
to be employed, & the manner of applying see § Apparatus
Judiciary
Note
#For modes of disturbance & annoyance, see Election
Code p. 84. Appendix.
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