JB/042/430/001

Click Here To Edit

1824. July 21

Constitional Code. Ch. XII Judiciary collectively
S.17 Sisttive function

Art.1 Of an amendment
proposed by a Judge
anya natural object
will be preventive of
injustice - no matter
in what shape. Should
it so happen to a Judgethat being
to be applied to for giving
execution and effect to
a law their fragment
besides proposing to the
appropriate amendment
it may stop and is
expected to stop the
giving such execution
and effect to it

S.13 Sost or Execution Staying function.
—

(2)

Art.2.
---page break---
In this case, he will proceed things. If at the when If supposed that
the supposed has tide manifest itself to his eyes, the whole of the evidence the supposed injunction of the law has not fully approved till
which the individual case, as stated by the Applicant furnishes has the body of order continuance of the evidence has been ted
been collected, he will issue, at the once same time,our three pair of decrees: one, and the such is ripe for the of it by the corresponding
for giving execution and effect in the law as it stands; a second for giving pair of shares he will proceed then instead
executive and effect to the law as it will stand, if the one case amendment, which he or use he will for two such p of desire: by
thereupon proposes is adopted; a third for stopping the execution of
both, untake by the dearer the will of the Legislature declaring his opinion the import of the
shall have been made a correspondent known. By the it stands, he will subjoin to it an ation
issuing of this last power the judge's sestitive or expressed executiveother b will by the the terms
staying functions will be exercised have been exercised. of the proposed amendment inhibit intent in relation to the
in question should have been the terms and im of the line:
and to this labour he will add is aoo the
correspondent imperative de and to those succeed imperative
decree will add
or execution decree, staying the of
the above imperative has decree until the will of the legislation
shall

2
Art 2. In this case
of at the time the injustice
has manifested
itself to him the whole
of the evidence belonging
to the case or both orders
has been collected, instead
of one he will
issue thereupon of
decrees: to wit
1. for giving execution
and effect to the law
as it stands.
2. for do to the law
as it will stand supposing
his amendment
adopted.
3. for stopping execution
of both until the
will of the Legislature has
been made known

(1)

Art.4 Sistens or Execution - staying function. Of an amendment proposed by a Judge, or few
§.17 §.16 a natural object will be — the prevention of injustice, by
forbearing stopping the operation of some partthis or that arrangement which
though (in this no matter or that shape, pregnant with injustice, has byby means of by some oversight, found its
way into the Code. To any such arrangement, should it happen
to him, in the ordinary course of judicature, to be called upon to
give execution and effect, he may and is expected to, thing
his hand till the forbear doing so, unless and untill, after except of receiving as per f appropriate amendment
§.14 an appropriate amendment having for its object the clearing the code of the injustice the
Legislature shall have caused to be notified to have an express order expressly ordered and him to give execution to the
law as it stands.

Identifier: | JB/042/430/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-07-21	Marginal Summary Numbering	1-2
Box	042	Main Headings	constitutional code
Folio number	430	Info in main headings field	constitutional code
Image	001	Titles	sistitive or execution staying function
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / e1
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals	jeremy bentham	Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1824
Notes public	"copd"	ID Number	13353
Box Contents