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<head>1827. May 17 +<lb/>Procedure Code.</head> <!-- some in pencil --><p><note>I<lb/><sic>Ch.</sic> Mandates. Orders: Decrees<lb/>Regulations</note><lb/>(1) (1 <note>§. Regulation Judicial none</note></p> <p>☞ After speaking of the difference between Mandates, Orders and Decrees<lb/>with the two parts of a decree, and the difference between absolute and<lb/>conditional decree — speak of Regulations.</p> <p>Exposition</p> <p><note>1<lb/>Judicial Regulation<lb/>what</note></p> <p><sic>Art.</sic> 1 <del><gap/></del> Regulations. By a Regulation. That is<lb/>to say a Judicial Regulation understand a generally applying<lb/>enactment established by the single authority of the Judge,<lb/>without <sic>sanctionment</sic> given to it by the Legislature.</p> <p><del>As in the case of the <sic>Sublegislature</sic><lb/>It may be termed a <sic>Sublegislature</sic><lb/>It being of the same nature in respect of the <add>its</add> extent to which<lb/>it applies in the logical field of service</del></p> <p><note>2<lb/>Act <sic>sublegislative</sic></note></p> <p><sic>Art.</sic> 2. Invalid will be every<lb/>Its extent in the logical field of legislative service<lb/>being the same as that of an enactment made by a <sic>sublegislature</sic><lb/>within the limits of its local or say topographical field<lb/><del>one construed</del> <add>a generally</add> applying and prospective <add>mandate or say</add> enactment made or<lb/>endeavoured to be made may be termed a <sic>sublegislative</sic> enactment:<lb/><del>or say</del> <add>the making of it or attempt to make it</add> an act of <sic>sublegislation</sic></p> <p>Enactive</p> <p><note>3<lb/>Invalid unless by<lb/>Legislature</note></p> <p><sic>Art.</sic> or 2. Invalid <del>in every</del> will be every <add>if any</add> <sic>Sublegislative</sic><lb/>enactment attempted to be made by a Judge of his<lb/>own authority, without <sic>sanctionment</sic> <del>of</del> by the Legislature.</p> <p><note>4<lb/>As in substantive so<lb/>in adjective law</note></p> <p><sic>Art.</sic> As in the case of its belonging <add>applying</add> to the<lb/><del>full</del> field of substantive law, as in the case of its belonging <add>applying</add> to the<lb/>field of adjective law, or say Judicial Procedure</p> <p><note>5<lb/>Judge <add>by</add> enacting guilty<lb/>of insubordination</note></p> <p><sic>Art.</sic> Guilty of an act of insubordination, that<lb/><del><gap/></del> is to say by usurpation of legislative power will be the Judge<lb/>in the event of his issuing any such pretended enactment</p> | |||
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1827. May 17 +
Procedure Code.
I
Ch. Mandates. Orders: Decrees
Regulations
(1) (1 §. Regulation Judicial none
☞ After speaking of the difference between Mandates, Orders and Decrees
with the two parts of a decree, and the difference between absolute and
conditional decree — speak of Regulations.
Exposition
1
Judicial Regulation
what
Art. 1 Regulations. By a Regulation. That is
to say a Judicial Regulation understand a generally applying
enactment established by the single authority of the Judge,
without sanctionment given to it by the Legislature.
As in the case of the Sublegislature
It may be termed a Sublegislature
It being of the same nature in respect of the its extent to which
it applies in the logical field of service
2
Act sublegislative
Art. 2. Invalid will be every
Its extent in the logical field of legislative service
being the same as that of an enactment made by a sublegislature
within the limits of its local or say topographical field
one construed a generally applying and prospective mandate or say enactment made or
endeavoured to be made may be termed a sublegislative enactment:
or say the making of it or attempt to make it an act of sublegislation
Enactive
3
Invalid unless by
Legislature
Art. or 2. Invalid in every will be every if any Sublegislative
enactment attempted to be made by a Judge of his
own authority, without sanctionment of by the Legislature.
4
As in substantive so
in adjective law
Art. As in the case of its belonging applying to the
full field of substantive law, as in the case of its belonging applying to the
field of adjective law, or say Judicial Procedure
5
Judge by enacting guilty
of insubordination
Art. Guilty of an act of insubordination, that
is to say by usurpation of legislative power will be the Judge
in the event of his issuing any such pretended enactment
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J WHATMAN TURKEY MILL 1826 |
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Jonathan Blenman |
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