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1825. | <head>1825. Nov<hi rend="superscript">r</hi>. 1826 Nov. 3 <add>1828 Aug. 22.</add> ++<lb/> | ||
Constitutional Code | Constitutional Code</head> | ||
Ch. XII. Judiciary collectively | <note>Ch. XII. Judiciary collectively<lb/> | ||
§.8. §.10. §.9. Judges Elementary | <del>§.8. <add>§.10. §.9.</add> Judges Elementary funct<hi rend="superscript">ns</hi>.</del><lb/> | ||
§.8. Functions common to Judges | §.8. Functions common to Judges</note> | ||
7 | <p>7</p> | ||
Enactive. Expositive | <p><hi rend="underline">Enactive. Expositive</hi><lb/> | ||
Art. 12. Exercised by all Judges are the several functions, | Art. 12. Exercised by all Judges are the several functions,<lb/> | ||
to which exercise is given, by the | to which exercise is given, by the issuing of the several mandates,<lb/> | ||
Art. <!-- blank --> Functions interventionally exercised by Judges | <del>Art. <!-- blank --> Functions interventionally exercised by Judges<lb/> | ||
as per Art. <!-- blank --> are the <gap/> following to wit by Immediate Judges, but | as per Art. <!-- blank --> are the <gap/> <add>following</add> to wit by Immediate Judges, but<lb/> | ||
III Functions, exercised common <gap/><gap/> | III Functions, exercised common <gap/><gap/><lb/> | ||
by compliance with which <gap/><gap/> execution of which | by compliance with which <gap/><gap/></del> execution of which<lb/> | ||
<gap/><gap/><gap/><gap/><gap/> | <del><gap/><gap/><gap/><gap/><gap/></del><lb/> | ||
and by compliance with which the business of procedure is carried on.<!-- Paragraph-ending mark --> | and by compliance with which the business of procedure is carried on.<!-- Paragraph-ending mark --></p> | ||
< | <note>Examples are<lb/> | ||
those which follow — | those which follow —<lb/> | ||
<del>13.<gap/></del></note> | |||
1. | <p>1. <hi rend="underline">Accerditive</hi> <add>or say <hi rend="underline">hither-calling</hi>:</add> exercised by <del>compliance with</del> an<lb/> | ||
incidental imperative decree mandate, sent for example to | incidental <del>imperative decree</del> <add>mandate</add>, sent <del>for example</del> to<lb/> | ||
a party, an for example, or to an extraneous witness, requiring his attendance | a party, <del>an</del> <add>for example, or to an</add> extraneous witness, requiring his attendance<lb/> | ||
at the Judicatory. | at the Judicatory.</p> | ||
2. Missive, or say | <p>2. Missive, or say thither sending.</p> | ||
3. Scrutative or say Search-making: exercised by search or <gap/> Search-commanding made <gap/> | <p>3. <hi rend="underline">Scrutative</hi> <add>or say Search-making</add>: exercised, by search <add>or <del><gap/></del> Search-commanding</add> made <del><gap/></del><lb/> | ||
or <gap/> commanded to be made the body of, a person, or thing, or both. | <add>or <del><gap/></del> commanded to be made</add> the body of, a person, or thing, or both.</p> | ||
4. Prehensive: exercised by causing possession to be taken of a | <p>4. <hi rend="underline">Prehensive</hi>: exercised, by <add>causing</add> possession <add>to be</add> taken of a<lb/> | ||
person or a thing, or both. | person or a thing, or both.</p> | ||
5. Sistitive: exercised by keeping causing the subject matter | <p>5. <hi rend="underline">Sistitive</hi>: exercised by <del>keeping</del> <add>causing</add> the subject matter<lb/> | ||
of the prehension, as above to be kept at the place at which | of the prehension, as above <add>to be kept</add> at the place at which<lb/> | ||
it has been prehended. | it has been prehended.</p> | ||
6. Adductive: exercised by bringing causing it to be brought to the Judicatory. | <p>6. <hi rend="underline">Adductive</hi>: exercised by <del>bringing</del> <add>causing</add> it <add>to be brought</add> to the Judicatory.</p> | ||
7. Extraditive exercised by delivery of it to or say transmissive or transductive: exercised by causing it to be delivered at some | <p>7. <hi rend="underline">Extraditive</hi> <del>exercised by delivery of it to</del> <add>or say transmissive or transductive: exercised by causing it to be delivered at</add> some<lb/> | ||
place other than that from which the mandate issued. | place other than that from which the mandate issued.</p> | ||
8. Restitutive: a mode of the | <p>8. <hi rend="underline">Restitutive</hi>: a mode of the <hi rend="underline">extraditive</hi>: exercised,<lb/> | ||
by the causing delivery of the to be made of a person or a thing, into | by <del>the</del> <add>causing</add> delivery <del>of the</del> <add>to be made of a</add> person or a thing, into<lb/> | ||
the custody of some person, in | the custody of some person, in whose custody<lb/> | ||
he or it had antecedently been. before the commencement of | he or it had <add>antecedently</add> been. <del>before the commencement of<lb/> | ||
the suit. | the suit.</del></p> | ||
9. Eliminative or say abductive or ejective: exercised by simply causing the subject | <p>9. <hi rend="underline">Eliminative</hi> or say <add><hi rend="underline">abductive</hi> or</add> <hi rend="underline">ejective</hi>: exercised by <add>simply</add> causing the subject<lb/> | ||
matter to be put removed out of the judicatory place in question, without causing mention made of <note>any particular place into | matter to be <del>put</del> <add>removed</add> out of the <del>judicatory</del> <add>place in question</add>, without <del>causing</del> mention made of <note>any particular place into<lb/> | ||
which <gap/><gap/><gap/> the removal | which <del><gap/><gap/><gap/></del> <add>the removal</add><lb/> | ||
is removed shall be performed.</note> | <del>is removed</del> <add>shall be performed.</add></note></p> | ||
<note>For other functions | <note>For other functions<lb/> | ||
of a judicial nature | of a judicial nature<lb/> | ||
see Ch. XXVI. Local | see Ch. XXVI. Local<lb/> | ||
Headmen. Ch. XXVII. | Headmen. Ch. XXVII.<lb/> | ||
Local Headmens | Local <del>Headmens</del><lb/> | ||
Registrars and | Registrars and<lb/> | ||
Procedure Code, < | Procedure Code, title<lb/> | ||
Prehension and Prehensors.</note> | Prehension and Prehensors.</note> | ||
These, and other | <p>These, and other modifications of the <del>elementary</del><lb/> | ||
judicial functions <gap/> are among the subject | judicial functions <del><gap/></del> <add>are</add> among the subject<lb/> | ||
matters of the penal and non-penal Codes | matters of the <hi rend="underline">penal</hi> and <hi rend="underline">non-penal</hi> Codes <del><add><gap/></add></del><lb/> | ||
in both their branches: more particularly in the | in both their branches: more particularly in the<lb/> | ||
Adjective branch: — to wit, the Procedure Code. | Adjective branch: — to wit, the <hi rend="underline">Procedure Code</hi>.</p> | ||
☞ Confer Ch. XX. Judge Deputes occasional. §.3. Powers. <gap/> | <p>☞ <unclear>Confer</unclear> <hi rend="underline">Ch. XX. <add>Judge</add> Deputes occasional</hi>. §.3. Powers. <gap/><lb/> | ||
deputable. Art. 4. | deputable. Art. 4.</p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1825. Novr. 1826 Nov. 3 1828 Aug. 22. ++
Constitutional Code
Ch. XII. Judiciary collectively
§.8. §.10. §.9. Judges Elementary functns.
§.8. Functions common to Judges
7
Enactive. Expositive
Art. 12. Exercised by all Judges are the several functions,
to which exercise is given, by the issuing of the several mandates,
Art. Functions interventionally exercised by Judges
as per Art. are the following to wit by Immediate Judges, but
III Functions, exercised common
by compliance with which execution of which
and by compliance with which the business of procedure is carried on.
Examples are
those which follow —
13.
1. Accerditive or say hither-calling: exercised by compliance with an
incidental imperative decree mandate, sent for example to
a party, an for example, or to an extraneous witness, requiring his attendance
at the Judicatory.
2. Missive, or say thither sending.
3. Scrutative or say Search-making: exercised, by search or Search-commanding made
or commanded to be made the body of, a person, or thing, or both.
4. Prehensive: exercised, by causing possession to be taken of a
person or a thing, or both.
5. Sistitive: exercised by keeping causing the subject matter
of the prehension, as above to be kept at the place at which
it has been prehended.
6. Adductive: exercised by bringing causing it to be brought to the Judicatory.
7. Extraditive exercised by delivery of it to or say transmissive or transductive: exercised by causing it to be delivered at some
place other than that from which the mandate issued.
8. Restitutive: a mode of the extraditive: exercised,
by the causing delivery of the to be made of a person or a thing, into
the custody of some person, in whose custody
he or it had antecedently been. before the commencement of
the suit.
9. Eliminative or say abductive or ejective: exercised by simply causing the subject
matter to be put removed out of the judicatory place in question, without causing mention made of any particular place into
which the removal
is removed shall be performed.
For other functions
of a judicial nature
see Ch. XXVI. Local
Headmen. Ch. XXVII.
Local Headmens
Registrars and
Procedure Code, title
Prehension and Prehensors.
These, and other modifications of the elementary
judicial functions are among the subject
matters of the penal and non-penal Codes
in both their branches: more particularly in the
Adjective branch: — to wit, the Procedure Code.
☞ Confer Ch. XX. Judge Deputes occasional. §.3. Powers.
deputable. Art. 4.
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