JB/042/404/001

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1824. April 21

Supposed Superseded

Constitutional Code Ch. Judiciary collectively
§. 19.20.21.22
§. 17 Meliorative function

Superseded by eventually emendative funct.?

Quere?

§. Judges meliorative suggestive function

No such §

Preliminary Explanation mendative.
1
Art. 1 In so far as
any part of the
rule of action imperfection
is regarded as having
place the supposed seat of it might
be either in the design
or the execution: i.e. as
the expression given to the
corresponding ordinances.
Seat of it in the first case
the matter; in the
the form.

Art.1 If in any partIn so far as in relation to al any part of the field of
law an imperfection is regarded as having place in the rule
of action, the seat of it will be either in the opinioninteraction design that appears
to have been entertained, or in the expression given to the arrangements
employed in giving effect to it: in the former
case it may be said to be in the matter of the law, in
other case in the form given to the law.

Alter Up Text from the

2
Art.2 By the meliorative
suggestive function understand bad
design and execution a
matter one form to be
comprehended

Art.2 The matter is that which is principally in
view in the occasion in which for with a review to the applying
of is remedy to the supposed imperfection the here denominated function stiled
the meliorative indicative function is proposed mentioned as to be attested
to the situation of the Judge.

Alter Text from marginals

3
Art.3 In so far as
the next seat of the imperfection
is regarded
as confined to the exe
cution is say the
expression as from without
reading the design
it will be much more
likely to be brought into
notice than in the other
case

Art.3. Where the In so far seat of th seat of the imperfection
is as supposed no where butin the design arrangements ordinances framed issued in prosecution
of the design and thereby accordingly in the form or expression
given to the law the resder shape suited adapted<add>required to be given to</add> to the nature of
the remedy is susceptible of two cases: if it be in the course
of the such a seat already instituted that the supposed demand for a remedy comes into view
the function exercised by the indication given of it may be
stiled the Emendative indicative function: if it be without
any such the previous institution of relative to the subject, it may be stiled the
cond having at the same time the Judge as such for its
author, it may be termed the Judges preinterprelative function.

4
Art.4. So it will be in
so far as consisting in
ambiguity or obscurity
it receives mutually inconsistent interpretation
from opposite
parties; as the design
manifest, wisdom
giving all expression but
appears wanting

Art.4. It will be sure to be brought into action, in so far as
being constituted asconsisting in ambiguity obscurity, it comes to receive opposite
interpretation from parties on the opposite sides of a so likewise suit: or
in so far as the design appearing manifest from the contexts, adequate
expression appears connecting, the deficiency having oversight for its cause.

Identifier: | JB/042/404/001"JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-04-21	Marginal Summary Numbering	1-4
Box	042	Main Headings	constitutional code
Folio number	404	Info in main headings field	constitutional code
Image	001	Titles	judges' meliorative suggestive function / preliminary explanation / or / instructions to the legislator
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals	jeremy bentham	Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1824
Notes public	[[notes_public::"supposed superseded" [note in bentham's hand] "emendative" [note in another hand]]]	ID Number	13327
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