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<del><del><gap/></del> [+] Define in the <gap/> <gap/> <add><gap/></add> <gap/> body <add><gap/></add> <gap/> <gap/></del></p> | <del><del><gap/></del> [+] Define in the <gap/> <gap/> <add><gap/></add> <gap/> body <add><gap/></add> <gap/> <gap/></del></p> | ||
<note>22 Aug. 1828. They<lb/> | |||
are not <hi rend="underline">elementary</hi>, but<lb/> | |||
<hi rend="underline">modificative</hi> of the<lb/> | |||
imperatively decretive<add>decretive</add><lb/> | |||
except the <hi rend="underline">impot<gap/></hi><lb/> | |||
<gap/> <gap/> <gap/> <lb/><gap/> and <add><gap/></add> <hi rend="underline">Retardative</hi><lb/> | |||
—</note><lb/> | |||
<p>I. <del><gap/></del> <add>The</add> Primarily - decretive, these: - to wit<lb/> | |||
< | 1. <hi rend="underline">Simply confirmative</hi> <del>function</del>.</p> | ||
<p>2. <add>The</add> Simply nullifactive; as where, in a penal suit,<lb/> | |||
a Defendant having been declared guilty by an Immediate<lb/> | |||
Judicatory, is declared not guilty by the<lb/> | |||
Appellate.</p> | |||
<p>3 <del>Reversive</del>: as where a thing given to a <hi rend="underline">Pursuer</hi><lb/> | |||
by the Immediate Judicatory, is <add>given to the Defendant</add> <del>declared not guilty</del> by<lb/> | |||
the Appellate.</p> | |||
<p>4. <hi rend="underline">Substitutive</hi>: as where neither the arrangement<lb/> | |||
prayed by a <hi rend="underline">Pursuer</hi>, nor that prayed by the <hi rend="underline">Defendant</hi><lb/> | |||
is made, but one different from both.</p> | |||
<p>5. <hi rend="underline">Modificative</hi>: confirming the subordinate decree<lb/> | |||
in part: altering it, in any of the above ways, as to<lb/> | |||
other parts.</p> | |||
<p>II. <hi rend="underline">Subriefinarity</hi>, <hi rend="underline">decretive</hi>, to wit <hi rend="underline">inter<gap/>ily</hi> decretive thence<lb/> | |||
wither</p> | |||
6. <hi rend="underline">Retrotransmissive</hi>, or say <hi rend="underline">Retromissive</hi>: for<lb/> | |||
the purpose <add>[+]</add> of fresh <hi rend="underline">Trial</hi>, or say <hi rend="underline">Enquiry</hi>, <add><del>or</del></add> in the <del>inference</del> <note><add>[+]</add> <gap/> of recovery execution<lb/> | |||
and effect, at 2. <add>of</add> performance</note><lb/> | |||
<add><hi rend="underline">Immediate</hi></add> Judicatory: <add>and <hi rend="underline">that</hi>, whether</add> <del>namely</del>, as to the <hi rend="underline">whole</hi> of the facts<lb/> | |||
collectively; <add>taken</add> or as to this or that fact exclusively:<lb/>{{In_Progress}} | |||
1825. Novr. 1. 1826 Nov.3 1831. July 19
1828 Aug.22.
See Duplicate of this page
Constitutional Code.
Ch.XII. Judiciary Collectively
S89 Judge's Elementary funct.ns
II. Officially informative: exercised by causing appropriate in
formation of the proceedings of the Judicatory in question to be received by individual
, and by requisite offices belonging to the other departments.
Incidentally
[+]12 Mandative: exercised
by causing to be
received by the several
persons at whose hand
appropriate obedient is required
such incidental mandalier
or say orders by
obences to which
effect is given to the
several above mentioned
effective functions
Elementary functions, appertaining exclusively
Art 7 to the Judge of an Appellate Judicatory, those which follow. They are [+] as such: being such
modes of the abovementioned ultimately conjoined decretive
functions, as bear reference to the exercised mode
of the corresponding functions, on the part of his Subordinate -the
Judge of the subordinate Immediate Judicatory his Subordinate
[+] Define in the body
22 Aug. 1828. They
are not elementary, but
modificative of the
imperatively decretivedecretive
except the impot
and Retardative
—
I. The Primarily - decretive, these: - to wit
1. Simply confirmative function.
2. The Simply nullifactive; as where, in a penal suit,
a Defendant having been declared guilty by an Immediate
Judicatory, is declared not guilty by the
Appellate.
3 Reversive: as where a thing given to a Pursuer
by the Immediate Judicatory, is given to the Defendant declared not guilty by
the Appellate.
4. Substitutive: as where neither the arrangement
prayed by a Pursuer, nor that prayed by the Defendant
is made, but one different from both.
5. Modificative: confirming the subordinate decree
in part: altering it, in any of the above ways, as to
other parts.
II. Subriefinarity, decretive, to wit interily decretive thence
wither
6. Retrotransmissive, or say Retromissive: for
the purpose [+] of fresh Trial, or say Enquiry, or in the inference [+] of recovery execution
and effect, at 2. of performance
Immediate Judicatory: and that, whether namely, as to the whole of the facts
collectively; taken or as to this or that fact exclusively:
