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<head>Constitutional Code.</head> <!-- In red -->copd<lb/> | <head>Constitutional Code.</head> <!-- In red -->copd<lb/> | ||
<note>1. Enactive<lb/> | <note>1. Enactive<lb/> | ||
Ch. Judiciary collectively<lb/> | |||
S. <!-- in pencil -->Elementary functions</note><lb/> | S. <!-- in pencil -->11. Elementary functions</note><lb/> | ||
<p><!-- Marginal note in pencil -->§.11. Elementary functions</p> | <p><!-- Marginal note in pencil -->§.11. Elementary functions</p> | ||
<note><!-- Marginal note in pencil -->Art. 1 Elementary<lb/> | <note><!-- Marginal note in pencil -->Art. 1 Elementary<lb/> | ||
Line 17: | Line 17: | ||
1. Auditive - discourse oral<lb/> | 1. Auditive - discourse oral<lb/> | ||
2. Lective - written<lb/> | 2. Lective - written<lb/> | ||
3. Inspective - written | 3. Inspective - written or other<lb/> | ||
visible document<lb/> | visible document<lb/> | ||
4. Interrogative orally.<lb/> | 4. Interrogative orally.<lb/> | ||
5. Interrogative | 5. Interrogative epistolarily<lb/> | ||
6. Commentative - on thing<lb/> | 6. Commentative - on thing<lb/> | ||
heard or seen<lb/> | heard or seen<lb/> | ||
7. [ | 7. [Declamatively, decritive <lb/> | ||
or] Opinative <gap/> | or] Opinative <gap/> Alter<lb/> | ||
as to | as to law and fact<lb/> | ||
8. In peculiarity decritive<lb/>correspondent to operative.9. Reason giving</note><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/> | <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/> | 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>conjunction is,</add> in the ordinary course of his business necessary to the<lb/> | ||
<add>discharge</add> <del>exercise</del> of his <del> | <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: | <p>1.<add>2:Elementary</add> Functions common to every Judication and accused person<lb/> | ||
or along by the Judge. <del>Examples</del> -</p> | or along by the Judge. <del>Examples</del> -</p> | ||
<p>1. Auditive function: as applied to suit discourse</p> | <p>1. Auditive function: as applied to suit discourse</p> | ||
Line 44: | Line 46: | ||
—<lb/> | —<lb/> | ||
<p><del>7</del>9. Reason -giving function (3) ascr<gap/>ed by <del>giv</del>ing stating the considerations<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 | which in the character of inducements but to the formation of the declamatory<lb/> | ||
decree.</p> | decree.</p> | ||
—<lb/> | —<lb/> | ||
Line 51: | Line 53: | ||
of the law, is so <gap/>nd as as that of the fact or facts in question</p> | 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><del>9. Imperative of decretive function</del></p> | ||
<p><gap/> so and so: with the inference as to the state of rights</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/> | <p><del>9</del>8 Imperatively decretive function: decreased by the issuing<lb/> | ||
of a judicial order, in pursuance of the exercise given<lb/> | of a judicial order, in pursuance of the exercise given<lb/> | ||
to the <del>judicially</del><add>declaratively</add> decretive function.</p> | 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> | <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> | allotted to the Quasi Jury</p> | ||
—<lb/> | —<lb/> | ||
Line 85: | Line 88: | ||
of the above ways.</note><lb/> | of the above ways.</note><lb/> | ||
<p>II. Elementary functions appertaining exclusively to | <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/> | 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> | <add>made</add> of the decretive function of the part of the subordinate</p> | ||
<p>Immediate Judicatory. <del>Examples</del>.</p> | <p>Immediate Judicatory. <del>Examples</del>.</p> | ||
<p>1. Confirmative function</p> | <p>1. Confirmative function</p> | ||
<p>2. R<gap/>ive: as above a thing | <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>3. | <p><del>4. <gap/> for</del> Defender having been declared guilty by an<lb/> | ||
<p><del>4. <gap/> for</del> Defender having been declared | |||
<add>Immediate</add> <del>Appellant</del> Judicatory, is declared Not Guilty by the Appellant</p> | <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/> | <p>4. Substitutive: as above neither the <add>arrangement</add> <del>disposition</del> prayed by<lb/> | ||
Line 101: | Line 103: | ||
in any of the above ways as to other part</p> | in any of the above ways as to other part</p> | ||
<p>6. Retromissive, for the purpose of fresh trial in the inferior<lb/> | <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> <note>or <add>as to</add> this or that fact exclusively.|</ | 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></ | whole or as to a part <add>or</add> parts. |</note><lb/> | ||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
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
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. |
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jeremy bentham |
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admiral pavel chichagov |
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