JB/042/427/001

Click Here To Edit

1823. Octr. 6
Constitutional Code.

+ ++ 14
Copd
1 1

1o
1. Enactive.
Ch. XI. Judiciary collectively
§.10.

§.10. Suspensive Judges' Execution staying function.

Art. 4. 1. Suspensive, or say Execution-staying, function.
It is exercised by provisionally preventing for as short a time as the purpose
execution and effect, from being given, in the way
of judicature to a legislative ordinance, as per §.7. Art. 2. are
supposed assumed rule of law. Object, prevention of irreparable damage.

Art. 5. it appears to the Judge that from such
execution

Art. 5. 2. As often as, in regard to any such portion
of law, it appears to the Judge, that, by reason of some
circumstance unforeseen not contemplated by the Legislature, if
such 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 such
execution accordingly.

Art. 6. 3. To render warrant the exercise of this power
the following conditions are necessary

1. That, from the execution if given to the law, irreparable
damage in some assigned shape, would, or probably might
ensue.

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

Art. 7. 4. In the tenor of the suspension order the
description of the time of its continuance is — until the unless and until 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 the an Appellate Judicatory, or
even to the Justice Minister, to exercise it.

Identifier: | JB/042/427/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1823-10-06	Marginal Summary Numbering	1-5
Box	042	Main Headings	constitutional code
Folio number	427	Info in main headings field	constitutional code
Image	001	Titles	judges' execution staying sistitive function
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / d14 / e1
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public	"copd"	ID Number	13350
Box Contents