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<note>Ch. XII. Judiciary collectively<lb/> | <note>Ch. XII. Judiciary collectively<lb/> | ||
<del>§.8. <add>§.10. §.9.</add> Judges Elementary | <del>§.8. <add>§.10. §.9.</add> Judges Elementary funct<hi rend="superscript">ns</hi>.</del><lb/> | ||
§.8. Functions common to Judges</note> | §.8. Functions common to Judges</note> | ||
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and by compliance with which the business of procedure is carried on.<!-- Paragraph-ending mark --></p> | and by compliance with which the business of procedure is carried on.<!-- Paragraph-ending mark --></p> | ||
<note | <note>Examples are<lb/> | ||
those which follow —</note> | those which follow —<lb/> | ||
<del>13.<gap/></del></note> | |||
<p>1. <hi rend="underline">Accerditive</hi> or say <hi rend="underline">hither-calling</hi>: exercised by <del>compliance with</del> an<lb/> | <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 <del>imperative decree</del> <add>mandate</add>, sent <del>for example</del> to<lb/> | incidental <del>imperative decree</del> <add>mandate</add>, sent <del>for example</del> to<lb/> | ||
a party, <del>an</del> <add>for example, or to an</add> extraneous witness, requiring his attendance<lb/> | a party, <del>an</del> <add>for example, or to an</add> extraneous witness, requiring his attendance<lb/> | ||
at the Judicatory.</p> | at the Judicatory.</p> | ||
<p>2. Missive, or say thither | <p>2. Missive, or say thither sending.</p> | ||
<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/> | <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/> | ||
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<p>8. <hi rend="underline">Restitutive</hi>: a mode of the <hi rend="underline">extraditive</hi>: exercised,<lb/> | <p>8. <hi rend="underline">Restitutive</hi>: a mode of the <hi rend="underline">extraditive</hi>: exercised,<lb/> | ||
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/> | 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 <add>antecedently</add> been. <del>before the commencement of<lb/> | he or it had <add>antecedently</add> been. <del>before the commencement of<lb/> | ||
the suit.</del></p> | the suit.</del></p> | ||
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Prehension and Prehensors.</note> | Prehension and Prehensors.</note> | ||
<p>These, and other | <p>These, and other modifications of the <del>elementary</del><lb/> | ||
judicial functions <del><gap/></del> <add>are</add> among the subject<lb/> | judicial functions <del><gap/></del> <add>are</add> among the subject<lb/> | ||
matters of the <hi rend="underline">penal</hi> and <hi rend="underline">non-penal</hi> Codes <del><add><gap/></add></del><lb/> | matters of the <hi rend="underline">penal</hi> and <hi rend="underline">non-penal</hi> Codes <del><add><gap/></add></del><lb/> | ||
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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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