JB/042/426/001

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1823. Octr. 6. 1825. Oct. 30 Nov 7.
Constitutional Code. 1. Enactive Part.

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Ch.
§.27. Sistitive or Execution Staying

§.17. Suspensive Judge's Sistitive or Execution-staying function.

Article 1. Sistitive or Suspensive or say Execution-staying,
or say Sistitive function. It is exercised by provisionally preventing
execution and effect from being given, in part on in whole, in the
way of Judicature, to a legislative ordinance, or
as per §.7. Art. 2. to an assumed rule of law: object,
prevention of irreparable damage.

Art. 2. As often as, in regard to any such portion
of law, it appears to the Judge, that, by reason
of some circumstance not contemplated by the
Legislature, if execution were given to it, irreparable
damage, not intended by the Legislature, would
ensue, — it is not only allowable to him, but incumbent
on him, to prevent execution accordingly.

Art. 3. To warrant the exercise of this power,
the following conditions are necessary
[+] [+] exercise of this power, the

Enactive
[+] Conditions Art. 4.
Conditions necessary to the
on each case
warranting warrant the
occasion, to warrant
the exercise of this
pow function are the
following —

1. That, from execution, if given to the law, irreparable
damage and injustice which, but for such stoppage would not be excluded
damage, in some ag shape, would
would in some therein assigned shape, or probably might, ensue.

2. That, from the exercise so given to this function,
no damage so great seemed equally likely to ensue
as from the non-exercise of it.

3. That the of this same sistitive function the exercise be
accompanied by a corresponding exercise given by the eventually emendative eventually emendative function, as above
such sort that
express reference of
the case to the will
of the legislature
be made, as above.

Enactive
Art. 7. 4. 5. In the tenor of the suspensive order sistitive decree or mandate, the
description of the time of it's continuance
may be in these words — unless and until, on view of this order, the Legislature shall have ordered otherwise.

Art. 8. 5. The Immediate is the Judicatory, at
which a case for the exercise of this function
is most likely to have place; but upon due
cause, it belongs to an Appellate Judicatory,
or even to the Justice Minister, to exercise it.

Enactive
Art. 6. Of every exercise given to the Sistitive function such pair of decrees as per Art. 3.
Report will be made, and exemplars thereof Art. 6. will accompany
those of the corresponding eventually emendative report
as per §.21. Eventually-emendative function Art. 4. 5.

Art. 7.

Identifier: | JB/042/426/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1823-10-06	Marginal Summary Numbering	1-4
Box	042	Main Headings	constitutional code
Folio number	426	Info in main headings field	constitutional code i enactive part
Image	001	Titles	judge's sistitive or execution-staying
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d3 / e3
Penner		Watermarks	j whatman turkey mill 1822
Marginals	jeremy bentham	Paper Producer	admiral pavel chichagov
Corrections	jeremy bentham	Paper Produced in Year	1822
Notes public	[[notes_public::"copied & copy corrected" [note in bentham's hand]]]	ID Number	13349
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