JB/042/491/001

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1827. Feb. 23 Nov 17
Constitutional Code

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Copy corrected

Ch. XII Judiciary collectively
§.23. Judge's non-contentional
Evidence-elicitation

§.23 Judge's non-contentional evidence elicitation function

Enactive

Art. 1 To the Judge Immediate for all
purposes of the judicial procedure belongs of course the et evidence-elicitative
function; exercisable as exercised antecedently
to and concomitantly with For

For the mode of exercising it exercise see Procedure Code. In this Code.
Cod Art. 2. Among the objects purpose for which the correspondent application may be
situation the property belongs title Applications
The sort of sort made in the obtaining the sort
of judicial service rendered by reception and registration given to orally or upon
occasion scriptitiously
delivered evidence.

[+] So likewise for the mode of chestation on
Art. 3. the application may be either 1. unilateral
one side only, for the with a , and for
or 2. bilateral: unilateral, that is to say on one side only,
the purpose of procedure. in either case the
having for its object some an eventual suit, determinate or indeterminate.

Expositive

Art. 4. Bilateral, it
[ ] It may be is made
by two or more, the
applicants having for
their object the settlement
of some individual dispute
by the ascertainment
of some fact or facts
on which the dispute it
turns.

Instructional

Art. 5 In this case it is, with reference to the question
of fact analogous to what, in the case of the preinterpretative
qu function, as per §.22., it is with reference to
the question of law.

Art. 7. Exercised For that whatsoever purpose here in question this/some evidence elicitative function be
the result will so far exercised, necessary to that same purpose, regards of necessity will be the
to be registered registration of the result matter elicited. As to the process see Ch. XXI Immediate
Judicatory Registrars. §.5. Minutation how.

Expositive

Art. 6. Purpose, private or public: in either case non litigant
or litigational: if when litigational, that of a non- suit non-inculpative
a penal suit or inculpative: suit if suit inculpative,
non criminative or criminative: suit in either case purely
public or private public, if by private-public affecting
in such sort an individual or or individuals assignable
at by means of the evil of the 2d order to affect
the community at large.

In any case, it may have the persons which it has the application has for its object; whether
in the situation for example of eventual pursuers, as in that of eventual defendant,
persons may determinately and individually or only indeterminately and specifically contemplated.

Identifier: | JB/042/491/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1827-02-23	Marginal Summary Numbering
Box	042	Main Headings	constitutional code
Folio number	491	Info in main headings field	constitutional code
Image	001	Titles	judges' non contestational evidence-elicitative function
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public	[[notes_public::"copied and copy corrected" [note in bentham's hand]]]	ID Number	13414
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