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Ch XII S. 12

Art. 11. In case of non compliance, if excuse be not given, the
functionary is responsible: if given so is he for the adequacy as well
as verity of the excuse: & in this responsibility may be included
eventual obligation to make compensation at his own expence
for all damage thereby produced

Art. 12. Not only to a Judge, but to any other Judicial functionary,
ministerial as well as magisterial belongs the same
function, with the power attached, he acting in the endeavour to
give execution to the law with or even without any special order,
concomitant or antecedent, from the Judge.

Art. 13. Need of the exercise of this function will still more
frequently have place without them with the cognizance of a
Judge. This considered— not only by a Judge, but by any of the
Judicial functionary, ministerial as well as magisterial, may
the function with the power attached, be exercised.

Art. 14 Help to the law ! is an appropriate formulary of
invitation by which notification may be given of the purpose
for which this power is assumed & exercised: after these
words comes if not known to the party addressed a statement
made as effectually as circumstances admit, of the individual
state of things by which the need has been produced.

Art. 15. In certain cases, not only by a Judicial functionary,
but by any person of sound mind, may this function
& the power belonging to it, be exercised with the preponderant
benefit. But to give particular description to these cases &
to obviate the abuse to which is such miscellaneous hands
it can not but stand exposed, belongs to the penal & non
-penal codes.

Identifier: | JB/042/334/001
"JB/" can not be assigned to a declared number type with value 42.


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constitutional code

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copy/fair copy sheet

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richard doane


j whatman turkey mill 1824


Paper Producer

admiral pavel chichagov


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