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Ch. VI. Judicial Application
(5 §.4. Uncontentious Purposes
§.2. Application uncontentious — purposes what
1
Art. 1
Art. 4 Purposes for which and thence
which non contentious judiciary applications may be
made are either 1 Consultative 2 Simply Informative
3 Prospective.
8
Art. 8. III Purpose
Consultative: i.e. where
doubting the interpretation
of a certain portion
of law, applicant
demands the exercise
of the Judges preinterpretative
function as
per Ch XII Judicare
§§.14.
Applicant here a Consultant.
Art. 8. III Purpose Consultative. By the Consultative in the purpose
which as understand the purpose which is in view, where being in doubt concerning the interpretation
that may eventually be put by the a Judge in a certain portion
of the body of the law, the application has for its object
the calling of into exercise the Judge's preinterprative function
as per Ch XII Judiciary collectively. §. Preinterpretative
function. Applicant in this case a consultant
9
Art. 9. Matters for the
consultation. For self
or some connection &c
applicant fears evil, or
non obtainment of good
unless he has information
has on a certain
occasion a Judge would
decide
Art. 9. In this case Desirous of taking, or of seeing taken, by some person in
whose welfare to take an interest, a certain course, on
which the law has as (he supposes) perhaps a bearing, but uncertain
in which manner it would by the Judge be eventually regarded
as bearing, the applicant petitions to be receive from
power the Judge information thereto relative, but for want therefore of such knowledge a certain want luck in a certain shape (executing
it) should be experienced, as good fail to be experienced.
19
Art. 10 Examples
1 Case of conveyance
Applicant or his
desirous of making
a certain disposition
of a certain mass
of property but is not
sufficiently assured as
to validity or compensibility.
2. So in case of a contract
3. So as to any act at
large, doubts as to its compensibility
Art. 10. Of the Cases in which a demand for an application
for this purpose may have place. Examples are as follows —
1. Conveyance The applicant desires of making, on certain conditions, conveyance
of a certain right in relation to a certain mass of property: but not sufficiently assured
of the validity or of the compensibility of such conveyance
2. Contract So, in regard to a contract to a certain effect
3. Prohibited acts. So in regard to a certain act at large which he is desirous of
performing, but is not sufficiently assured of its not being regarded
as prohibited, and thence punished.
Identifier: | JB/052/284/001 "JB/" can not be assigned to a declared number type with value 52.
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