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<p>1823. Oct<hi rend="superscript">r</hi>. 6</p>
<head>Constitutional Code.</head> <!-- In red -->copd<lb/>
<note>1. Enactive<lb/>
Ch. Judiciary collectively<lb/>
S. <!-- in pencil -->11. Elementary functions</note><lb/>
<p><!--  Marginal note in pencil -->&sect;.11. Elementary functions</p>
<note><!-- Marginal note in pencil -->Art. 1 Elementary<lb/>
functions. those necessary<lb/>
in ordinary to<lb/>
exercise of his other<lb/>
functions such as the<lb/>
above. Examples<lb/>
1. Auditive - discourse oral<lb/>
2. Lective - written<lb/>
3. Inspective - written or other<lb/>
visible document<lb/>
4. Interrogative orally.<lb/>
5. Interrogative epistolarily<lb/>
6. Commentative - on thing<lb/>
heard or seen<lb/>
7. [Declamatively, decritive  <lb/>
or] Opinative <gap/> Alter<lb/>
as to law and fact<lb/>
8. In peculiarity decritive<lb/>
correspondent to operative.<lb/>
9. Reason giving</note><lb/>
<p>Art. 1 <hi rend="underline">Elementary functio</hi>ns.  By the elementary functions<lb/>
belonging to a Judge, understand those the <add>exercise</add> <del><gap/></del> of which as<lb/>
<add>conjunction is,</add> in the ordinary course of his business necessary to the<lb/>
<add>discharge</add> <del>exercise</del> of his <del>duty</del><add>other<add><del>judicial</del></add></add><add>functions such as <del>those</del> <add>the</add></add><add>above <del>exemplif</del> of</add> Examples are the following</p>
<p>1.<add>2:Elementary</add> Functions common to every Judication and accused person<lb/>
or along by the Judge. <del>Examples</del> -</p>
<p>1. Auditive function: as applied to suit discourse</p>
<p>2. Lective function: as applied to written discourse.</p>
<p>3. Inspective function: as applied to written discourse or any<lb/>
other visible document.</p>
<p>4. Interrogative function orally exercised.</p>
<p>5. Interrogative function epistolarity exercised.  Note that<lb/>
the interrogative function is an applicative mode of the <add>ensuing</add> imperatives</p>
<p>6. Commentative function exercised, by making observation on<lb/>
what has been heard or as seen</p>
&#x2014;<lb/>
<p><del>7</del>9. Reason -giving function (3) ascr<gap/>ed by <del>giv</del>ing stating the considerations<lb/>
which in the character of inducements but to the formation of the declamatory<lb/>
decree.</p>
&#x2014;<lb/>
<p><del>8</del>7 <del>Decrative function Judicially</del> <add>Declaratively</add> (1) decretive function: exercised<lb/>
by the delivery of an opinion: declaring that the law means<lb/>
of the law, is so <gap/>nd as as that of the fact or facts in question</p>
<p><del>9. Imperative of decretive function</del></p>
<p><gap/> so and so: with the inference as to the state of rights<lb/>
and obligations</p>
<p><del>9</del>8 Imperatively decretive function: decreased by the issuing<lb/>
of a judicial order, in pursuance of the exercise given<lb/>
to the <del>judicially</del><add>declaratively</add> decretive function.</p>
<p>9. <add>Of this <del>increase enumerative</del> decomposition see the use in Ch. XIV</add> <del>in speaking of</del> the <del>allotment of</del> description of the functions<lb/>
allotted to the Quasi Jury</p>
&#x2014;<lb/>
<p><del>II</del></p>


<note><!-- Pencil marginal note -->Fresh Column<lb/>
2<lb/>
Art.2.II Elementary belonging<lb/>
exclusively to<lb/>
Appellate: means of<lb/>
line decritive.<lb/>
1. Confirmative<lb/>
2. Reversive; as where a<lb/>
thing given to pursuer<lb/>
by Immediate is<lb/>
given to Defendant.<lb/>
3. Nullificative: as where<lb/>
Defendant declared Guilty<lb/>
is declared not Guilty<lb/>
[<gap/> Quere if this distinction <lb/>
be clear?]<lb/>
4. Substitutive: arrangement<lb/>
ordered different from<lb/>
<del>any thing</del> what is contended<lb/>
for by either<lb/>
5. Modificative: i.e. As to<lb/>
part confirmative: as to have<lb/>
substitutive altering it in any<lb/>
of the above ways.</note><lb/>
<p>II. Elementary functions appertaining exclusively to one Appellant<lb/>
Judicatory, <add>being so many <del><gap/></del> mode of the decretive function which bear</add> <del>function be<gap/></del> reference to the exercise<lb/>
<add>made</add> of the decretive function of the part of the subordinate</p>
<p>Immediate Judicatory. <del>Examples</del>.</p>
<p>1. Confirmative function</p>
<p>2. R<gap/>ive: as above a thing given to a <del>Pursuer</del> <add>Defender</add> by the Appellant</p>
<p>3. Nullifactors: as when, <del>a Defenda</del> in a penal suit, a <del>punish</del></p>
<p><del>4. <gap/> for</del> Defender having been declared guilty by an<lb/>
<add>Immediate</add> <del>Appellant</del> Judicatory, is declared Not Guilty by the Appellant</p>
<p>4. Substitutive: as above neither the <add>arrangement</add> <del>disposition</del> prayed by<lb/>
a B<gap/> nor that prayed by <add>the</add> defender is made, but one<lb/>
different from both</p>
<p>5. Modificative: confirming the <add>subordinate</add> decree in part; allowing it<lb/>
in any of the above ways as to other part</p>
<p>6. Retromissive, for the purpose of fresh trial in the inferior<lb/>
Judicatory: namely as to the whole of the facts  collectively:<add>or</add> </p><note>or <add>as to</add> this or that fact exclusively.|<lb/>
7. Suspensive: as to the<lb/>
whole or as to a part <add>or</add> parts. |</note><lb/>




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Latest revision as of 17:41, 20 October 2023

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1823. Octr. 6

Constitutional Code. copd
1. Enactive
Ch. Judiciary collectively
S. 11. Elementary functions

§.11. Elementary functions

Art. 1 Elementary
functions. those necessary
in ordinary to
exercise of his other
functions such as the
above. Examples
1. Auditive - discourse oral
2. Lective - written
3. Inspective - written or other
visible document
4. Interrogative orally.
5. Interrogative epistolarily
6. Commentative - on thing
heard or seen
7. [Declamatively, decritive
or] Opinative Alter
as to law and fact
8. In peculiarity decritive
correspondent to operative.
9. Reason giving

Art. 1 Elementary functions. By the elementary functions
belonging to a Judge, understand those the exercise of which as
conjunction is, in the ordinary course of his business necessary to the
discharge exercise of his dutyother<add>judicial</add>functions such as those <add>the</add>above exemplif of Examples are the following

1.2:Elementary Functions common to every Judication and accused person
or along by the Judge. Examples -

1. Auditive function: as applied to suit discourse

2. Lective function: as applied to written discourse.

3. Inspective function: as applied to written discourse or any
other visible document.

4. Interrogative function orally exercised.

5. Interrogative function epistolarity exercised. Note that
the interrogative function is an applicative mode of the ensuing imperatives

6. Commentative function exercised, by making observation on
what has been heard or as seen


79. Reason -giving function (3) ascred by giving stating the considerations
which in the character of inducements but to the formation of the declamatory
decree.


87 Decrative function Judicially Declaratively (1) decretive function: exercised
by the delivery of an opinion: declaring that the law means
of the law, is so nd as as that of the fact or facts in question

9. Imperative of decretive function

so and so: with the inference as to the state of rights
and obligations

98 Imperatively decretive function: decreased by the issuing
of a judicial order, in pursuance of the exercise given
to the judiciallydeclaratively decretive function.

9. Of this increase enumerative decomposition see the use in Ch. XIV in speaking of the allotment of description of the functions
allotted to the Quasi Jury


II

Fresh Column
2
Art.2.II Elementary belonging
exclusively to
Appellate: means of
line decritive.
1. Confirmative
2. Reversive; as where a
thing given to pursuer
by Immediate is
given to Defendant.
3. Nullificative: as where
Defendant declared Guilty
is declared not Guilty
[ Quere if this distinction
be clear?]
4. Substitutive: arrangement
ordered different from
any thing what is contended
for by either
5. Modificative: i.e. As to
part confirmative: as to have
substitutive altering it in any
of the above ways.

II. Elementary functions appertaining exclusively to one Appellant
Judicatory, being so many mode of the decretive function which bear function be reference to the exercise
made of the decretive function of the part of the subordinate

Immediate Judicatory. Examples.

1. Confirmative function

2. Rive: as above a thing given to a Pursuer Defender by the Appellant

3. Nullifactors: as when, a Defenda in a penal suit, a punish

4. for Defender having been declared guilty by an
Immediate Appellant Judicatory, is declared Not Guilty by the Appellant

4. Substitutive: as above neither the arrangement disposition prayed by
a B nor that prayed by the defender is made, but one
different from both

5. Modificative: confirming the subordinate decree in part; allowing it
in any of the above ways as to other part

6. Retromissive, for the purpose of fresh trial in the inferior
Judicatory: namely as to the whole of the facts collectively:or

or as to this or that fact exclusively.|

7. Suspensive: as to the
whole or as to a part or parts. |



Identifier: | JB/042/306/001"JB/" can not be assigned to a declared number type with value 42.

Date_1

1823-10-06

Marginal Summary Numbering

1-2

Box

042

Main Headings

constitutional code

Folio number

306

Info in main headings field

constitutional code

Image

001

Titles

elementary functions

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

d17 / e1

Penner

jeremy bentham

Watermarks

j whatman turkey mill 1822

Marginals

jeremy bentham

Paper Producer

admiral pavel chichagov

Corrections

Paper Produced in Year

1822

Notes public

"copd"

ID Number

13229

Box Contents

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