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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/>(2) (2 <note>§. Regulation Judicial none</note></p> <p><note>6<lb/><del>As to</del> procedure as<lb/>in regard to substantive<lb/>law Judge to exercise<lb/>the eventually <sic>emendative</sic><lb/>function</note></p> <p><sic>Art.</sic> In case of his perceiving as seems to<lb/>him an adequate demand for a <add>the enactment of</add> regulation of adjective law<lb/>to this or that effect, <del>every p</del> it is not only allowable to<lb/>but incumbent on, every Judge to <sic>submitt</sic> to the Legislature<lb/>facts <add>proposed</add> regulative in the powers in which it appears to him<lb/>fit to be enacted. The act by which it is thus proposed <add>submitted</add>, will<lb/>be <unclear>made done</unclear> in the exercise of the Judge eventually <sic>emendative</sic><lb/>functions, as per <sic>Constit.</sic> <sic>Ch.</sic> XII Judiciary collectively §.20 eventually<lb/><sic>emendative</sic> function.</p> <p><sic><hi rend="underline">Ratiocinative</hi></sic></p> <p><note>7<lb/>Reasons see <sic>Constit.</sic> Code</note></p> <p><sic>Art.</sic> Question. Why <add>on the terms proposed in question, or say on the event proposed in question</add> give to a regulation<lb/>of this sort the binding form of an act of the Legislature</p> <p>Answer. Reason as in Constitutional Code. <sic>Ch.</sic> XII Judiciary collectively.<lb/>§.20 eventually <sic>emendative</sic> function.</p> <p><sic>Ratiocinative</sic></p> <p><note>8<lb/>Why not give <sic>emendative</sic><lb/>right to Judge</note></p> <p><sic>Art.</sic> — Why not give to the Judge the right<lb/>of <del><gap/></del> establishing <add>enactments</add> of his own authority provided these extend<lb/>not beyond the field of <del><gap/></del> judicial procedure or say the adjective<lb/>branch of law, and are subject to be repealed at any time by the<lb/>Legislature?</p> <p><sic>Art.</sic> Answer because</p> <p><note>9<lb/>Answer Reason 1<lb/>avoidance of the giving<lb/>a means for overruling<lb/>regulations made by<lb/>authority</note></p> <p>1. <!-- brackets in pencil --> [Because] If established without the cognizance and thence without<lb/>the consent of the Legislature, [<del><gap/></del> a consequence would be that] with<lb/>or without intention, <add>enactments made by</add> the authority of the Legislature might continually<lb/>be limited, <del>overruled by <add>the</add> that of the Judge</del> and to a correspondent<lb/>extent overruled and virtually repealed by regulations <add>or say enactments</add> thus made<lb/>by him</p> <p><note>10<lb/>Over <unclear>pettiness</unclear> that<lb/>would result to<lb/>the Pannomion</note></p> <p>2. The Pannomion would thus be loaded <add>in a greater or less degree</add> by mutually<lb/>incongruent enactments made by the different Judicatories, and<lb/>the unity and simplicity of the rule of justice thus proportionally<lb/>impaired: complication with its evils thus introduced without measure<lb/>and without use.</p> | |||
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1827. May 17
Procedure Code
I
Ch. Mandates Orders Decrees
Regulations
(2) (2 §. Regulation Judicial none
6
As to procedure as
in regard to substantive
law Judge to exercise
the eventually emendative
function
Art. In case of his perceiving as seems to
him an adequate demand for a the enactment of regulation of adjective law
to this or that effect, every p it is not only allowable to
but incumbent on, every Judge to submitt to the Legislature
facts proposed regulative in the powers in which it appears to him
fit to be enacted. The act by which it is thus proposed submitted, will
be made done in the exercise of the Judge eventually emendative
functions, as per Constit. Ch. XII Judiciary collectively §.20 eventually
emendative function.
Ratiocinative
7
Reasons see Constit. Code
Art. Question. Why on the terms proposed in question, or say on the event proposed in question give to a regulation
of this sort the binding form of an act of the Legislature
Answer. Reason as in Constitutional Code. Ch. XII Judiciary collectively.
§.20 eventually emendative function.
Ratiocinative
8
Why not give emendative
right to Judge
Art. — Why not give to the Judge the right
of establishing enactments of his own authority provided these extend
not beyond the field of judicial procedure or say the adjective
branch of law, and are subject to be repealed at any time by the
Legislature?
Art. Answer because
9
Answer Reason 1
avoidance of the giving
a means for overruling
regulations made by
authority
1. [Because] If established without the cognizance and thence without
the consent of the Legislature, [ a consequence would be that] with
or without intention, enactments made by the authority of the Legislature might continually
be limited, overruled by the that of the Judge and to a correspondent
extent overruled and virtually repealed by regulations or say enactments thus made
by him
10
Over pettiness that
would result to
the Pannomion
2. The Pannomion would thus be loaded in a greater or less degree by mutually
incongruent enactments made by the different Judicatories, and
the unity and simplicity of the rule of justice thus proportionally
impaired: complication with its evils thus introduced without measure
and without use.
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Identifier: | JB/056/095/001"JB/" can not be assigned to a declared number type with value 56. |
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1827-05-17 |
6-10 |
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056 |
Procedure Code |
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095 |
Procedure Code |
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1 |
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18151 |
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