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1824. July 11

Constitutional Code. Ch.XII Judiciary collectively
S.18. Preinterpretative function

By the applicant, if he thinks fit, may the terms of the amendmant
be proposed: in this case the Judge employs either those
same words, or others at his choice: he is alike responsible
for them in either case

8
Art.8 Rather to reform
particular over made in legislation
than to introduce
in this mode
extensive alteration is
the object of the power
thus conferred.
Not more matter than
would occupy [one
fault] part of a page
in the official edition of the
Code in question will
any such proposed amendment
insert
or expunge.

Any part of the law may give rise to the exercises of
this function on the part of the Judge whether spontaneousily
or obtainperatively exercised. But if it be the Constitutional
the J without reference either to the penal ot the nonpenal
called Civil branch he will rather receive and it be an applicant
to apply to some Member of the Legislature for the purpose
rather than himself takes cognizance of it.

9
Art.9 Of the creature
of this person, the effect
is to give to every Judge
an initiative, and ever
more than an initiative
as to every part of the field
of law.
But on the other hand it
divests all Judges of the
so much greater power
the compleatly legislative
so commonly exercised
by Judges, during the shape
or by the connivance of
the Legislature, on pretence
of interpretation
The reason of giving to
Judges this initiative are
1. that under their notes
will continually be any
cases which though they
hav just so the
demand they present
for legislation would
not be equally apt to
come under the cognizance
of the member
of the Legislature
2. thus for want of
having their attention so
and
built on the text of the Law.

Art. Cases in which this function may be aptly
executed. Example are as follows

1. Property in immoveable unmoveables. Doubts whether by a certain proprieter,
this or that use can be lawfully made of his land

2. Property in inmoveables or moveables. Doubts whether without question his having a
certain interest in a certain subject, say the use of it for his life
can tell to another that same or any other interest.

3. Contract, between individual and individual. Whether of
in a certain way is in any any way a proposed contract to an effect
proposed would be lawful in contradistinction to forbidden and criminal,
or obligatory in contradistinction to unobligatory

4. Contract already in existence: doubts as to the interpretation
of it: doubts as to what in a certain case, actual or supposable
are of the parties is at the requisition of the other, bound to form exercise

4. Political Economical Laws - FinanceRevenue Laws. For collection
of revenue or supposed benefit to trade the Legislature has
imposed certain obligations, compulsory inhibiters or collectors.
Doubts whether a certain use which an individual wishes to
make of his property, comes within the subject matter of any such
obligation

11
Art. Cases for exercise of this function
1. Property immoveable. Doubt whether by general properties
a particular use can be made of his land
a particular part of his land
2. Property at large. Doubts as to power of
disposal.
3. Proposed contract doubts as to its law
galily fulness as obligatoriness

4. Existing contract. Doubts as
to the import of it: as to what
in this or that case spontaneously is
at the requisition of neither, one party
is bound to perform
5. Revenue Laws Politico-Economical
Law. Doubt whether to a
certain act proposed to be done in the for
the power of a certain law

[+] a member of the Legislature as such, would not so readily find such of of as the Judge. § 10. Art.19 The Legislature should it even find its time too extensively drawn
this way by the influence of party interest and collective, especially in that field of Constitutional Law will apply to the exercise of this function any restriction as far as this purpose
it shall have deemed necessary.