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1826. Augt 7.
Procedure Code.
Ch. Analyse
§. Formularies
(3.)
3
Art. Commenced in every case will be the
Judicial transaction by some person acting in the character
of an applicant, and not by the Judge.
Exceptions excepted, on no occasion can
the Judge, as such, give commencement to any
Judicial Proceeding. For exceptions see Const. Code
Ch. XII Judiciary Collectively. §. Sedative function.
8
Exceptions excepted suit
commenced by applicant
not by Judge
Art. For purposes other than that of giving
commencement to a suit, may Judicial application
be made to a Judge. As to these, see Ch.
Applications.
So many species of applications, so many
species of applicants.
9
Judicial applications
for other purposes than
commencement of a suit
Art. Persons to whom written Judicial Instruments
emaning from a Judge are either 1 Functionaries
2. Non-functionaries.
Functionaries are either 1. non-judicial or
2. Judicial.
10
Persons 1 functionary
2 non-functionaries
Functionaries 1 Judicial
2 non-judicial
Judicial Functionaries are, with reference
to a Judge of the Grade in question, either of the
same grade, or of a different grade: if of a different
grade, they are either of a superior or an
inferior grade. Co-ordinates are those of the same
grade; superordinates, those of a superior grade;
subordinates, those of an inferior grade. Subordinate
to every Judge are all non-functionaries.
11
Judicial functionaries
Coordinate superordinate
or subordinate
to Judge
Art. On a special occasion, for a special
purpose, a function who, in ordinary or say in general
is, with reference to the Judge in question superordinate,
may be subordinate; as to this matter, see below
Ch. §.
12
Superior may be
subordinate
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