JB/042/449/001

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1824. July 27
Constitutional Code

+ + 1
Corrected from the Copy 1
Ch. XII Judiciary collectively
Copd (1 §.18 Preinterpretative functions

§.18. Preinterpretative function

1
Art. 1. Preinterpretative
function. Exercised this
where an applicant
stating a particular portion
of the law, and requiring
requisite of the Judge to
know what as to a
certain point in case
of contestation the opinion
of the Judge would be.

Art.1. Preinterpretative function. Of The occasion on which this function
is are exercised, is when that of an application, made by any by any person
individual person stating bringing to view a particular Article or number of Articles portion of the Pannomion
in the body of the law, and requesting to the view of the Judge, of the Judge what, in
case of a suit thereupon grounded, appears in, the whole body of the law will be the import by him ascribed to it
one body portion of the began upon the part in question and the decree pronounced in consequence: all such other
into [ to ] could be the ascribed by points of the Pannomion as are deemed to bear upon the point in
him to it question being at the same time contemplated.

2
Art. 2. Now, if reasonable
cause of doubt appears,
the Judge will
not refuse to the parties
the security produced
by the removal of it:
nor to the individual, if
specially interested, that
security, together with
an exemption from the
vexation and expence of
litigation.

Art. 2. In this case, if reasonable cause of doubt appears,
the Judge will with reference to the individual and the the
public, the security which, by the removal of it would be
produced; nor to the individual applicant, if so it be that he has an
interest in the import ascribed to the law portion of the law in question, the like security together
with the exemption from the vexation and expence inseparable
from litigation.

3
Art. 3. Hereupon Judge
proposes amendment as
per §. 16. if it appears
to him that by the particular
good of the elucidation
the general evil produced
by every addition to the
bulk of the rule of action
will be outweighed.

Art. 3 If to the Judge it should, on the occasion, appears, that by a correspondent amendment, doubt ambiguity or obscurity could may
be received cleared up, and that by the benefit good of such clearance the evil,
produced by every addition to the bulk of the rule of action, will
be outweighed, he will pr accordingly make proposition transmission of such
proposed amendment, and proposed as per §.16.

4
Art. 4. Need of interpretation
may have place
without deficiency on the
part of the Legislature at
any point of appropriate
aptitude, neither sinister
policy, nor ignorance nor
erroneous judgment, nor
oversight; for perhaps
at the time of enaction
of a species which the [+]
the of the law appeared to be included, no individual was yet in existence as could reasonably be to the contemplation of any one.

Art. 4. Need Note here that need of interpretation may have place,
to be here without deficiency on the part of the Legislature neither in any
point of appropriate aptitude;
action has any deficiency has been on the part of the Legislator he had
place. neither by sinister policy, nor by ignorance nor by common judgement,
nor so much as by the said produced oversight, for it may be that at the time
of the legislative enactment, the question of the the reason of the although case requiring certain species which now
requires to be included, now comprized within the and policy reason and
of the law, no individual belonging to that species was however in existence is at that time
existence or could have so
much as have been in contemplation at that time.

Identifier: | JB/042/449/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-07-22	Marginal Summary Numbering	1-4
Box	042	Main Headings	constitutional code
Folio number	449	Info in main headings field	constitutional code
Image	001	Titles	preinterpretative function
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / e1
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1823
Marginals	jeremy bentham	Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1823
Notes public	[[notes_public::"corrected from the copy" [note in bentham's hand] "copd"]]	ID Number	13372
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