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<head>1823. Oct<hi rend="superscript">r</hi>. 6 +++ 13<lb/>
Constitutional Code Cop<hi rend="superscript">d</hi></head>
 
<note>1. Enactive<lb/>
Ch. 11. Judiciary collectively<lb/>
&sect;.9. Aid-compelling</note>
 
<p>3</p>
 
<note>10<lb/>
Art. 10. Compliance failing,<lb/>
if no excuse, functionary<lb/>
responsible: so<lb/>
for adequacy and verity<lb/>
of excuse <add>in responsibility</add>: compensation<lb/>
includible.</note>
 
<p>Art. 10. In case of <del><gap/> <add><gap/></add></del> non-compliance <del><gap/></del> <add>if excuse be not given,</add><lb/>
<del>the functionary is <add>if <gap/></add> without excuse <add>be given</add></del> the functionary is responsible:<lb/>
<del><gap/> the <gap/> <add>functionary</add> non complying <gap/> functionary</del> is<lb/>
<del>so likewise</del> if <del>any such excuse be</del> given, so is he<lb/>
<del>responsible</del> for the <del>truth</del> adequacy as well as <del>truth</del> verity<lb/>
of the excuse: and in this responsibility <add>may be included</add> eventual obligation<lb/>
to make compensation at his own <sic>expence</sic> for all damage<lb/>
thereby produced.</p>
 
<note>11<lb/>
Art. 11. Not a Judge<lb/>
only but to every other<lb/>
Judicial functionary,<lb/>
ministerial included,<lb/>
belongs this duty and power<lb/>
<unclear>hi</unclear> acting in endeavour<lb/>
to give execution to law<lb/>
with or without order from<lb/>
Judge, concomitant or<lb/>
antecedent</note>
 
<p>Art. 11. Not only to a Judge, but to any <del>ministerial<lb/>
<add>/judicial</add> functionary under <gap/> <gap/></del> other judicial functionary<lb/>
ministerial as well as magisterial, belongs this same<lb/>
function with the power attached: <del><gap/></del> acting <del><gap/></del> in the endeavour<lb/>
to give execution to the law, with, or even without any<lb/>
special order <add>concomitant or antecedent,</add> from the Judge. <del>Generally speaking, <gap/> <add>when</add><lb/>
without <gap/><gap/> any such need <sic>occurrs</sic> it is without<lb/>
knowledge or expectation on the part of the Judge.</del></p>
 
<note>12<lb/>
Art. 12. Need more frequent<lb/>
without than with<lb/>
cognizance of Judge.<lb/>
This considered, not<lb/>
only by Judge but by<lb/>
any other judicial functionary,<lb/>
ministerial as<lb/>
well as magisterial, <gap/><lb/>
this function with the power<lb/>
be exercised.<lb/>
[&#9758; Repetition. Is it so<lb/>
in the fair copy?]</note>
 
<p>Art. 12. Need of the exercise of this function <del>may</del> <add>will</add><lb/>
still more frequently have place without than with the cognizance<lb/>
of a Judge. This considered, not only by a Judge<lb/>
but <del><gap/></del> <add>by</add> any other judicial functionary, ministerial as well<lb/>
as magisterial may this function with the power attached<lb/>
be exercised. <del>and to this purpose <add>in and of the law</add> it is allowable to <gap/> <gap/><lb/>
on any person <gap/><gap/><gap/> to constitute himself a function<lb/>
to act in the character of such functionary</del></p>
 
<note>13<lb/>
Art. 13. Introductory<lb/>
<unclear>cry</unclear> "<hi rend="underline">Aid to the law</hi>!"<lb/>
thereupon statement of the<lb/>
state of things, in so far<lb/>
as <gap/> and unknown<lb/>
to party addressed</note>
 
<p>Art. 13. <hi rend="underline">Aid to the law</hi>! is an appropriate<lb/>
formulary of <del><gap/><gap/></del> <add>invitation,</add> by which <add>notification may be given of</add> the purpose for which<lb/>
this power is assumed and exercised: after these words, comes <del><add>if</add></del><lb/>
<add>if not known to the party addressed,</add> the statement of the individual <del><gap/></del> <add>state of things</add> by which the <del>demand for</del> <add>need</add><lb/>
<del>it</del> has been produced.</p>
 
<note>14<lb/>
Art. 14. In certain<lb/>
cases by any person<lb/>
of sound mind may<lb/>
this power be exercised<lb/>
with preponderant benefit.<lb/>
To describe these<lb/>
and guard the power against<lb/>
abuse belongs to<lb/>
Codes non-penal and penal.</note>
 
<p>Art. 14. In certain cases, <del>for the <gap/></del> not only by a<lb/>
<del>Art. To obviate the abuse liable to be made of</del><lb/>
judicial functionary but by any person <del>whatsoever</del> of sane mind may<lb/>
<del>this power <gap/><gap/><gap/> hands <gap/><gap/><gap/></del><lb/>
this function, and the power belonging to it, be exercised with preponderant<lb/>
<del>belongs <gap/> to the penal and non-penal Codes.</del><lb/>
<del><gap/></del> benefit. But, to <del><gap/></del> <add>give description to</add> these cases, and to obviate the<lb/>
abuse to which it can not but stand exposed in <add>such</add> miscellaneous<lb/>
hands, belongs to the penal and non-penal codes</p>






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{{Metadata:{{PAGENAME}}}}{{Completed}}

Latest revision as of 17:42, 20 October 2023

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1823. Octr. 6 +++ 13
Constitutional Code Copd

1. Enactive
Ch. 11. Judiciary collectively
§.9. Aid-compelling

3

10
Art. 10. Compliance failing,
if no excuse, functionary
responsible: so
for adequacy and verity
of excuse in responsibility: compensation
includible.

Art. 10. In case of non-compliance if excuse be not given,
the functionary is if without excuse be given the functionary is responsible:
the functionary non complying functionary is
so likewise if any such excuse be given, so is he
responsible for the truth adequacy as well as truth verity
of the excuse: and in this responsibility may be included eventual obligation
to make compensation at his own expence for all damage
thereby produced.

11
Art. 11. Not a Judge
only but to every other
Judicial functionary,
ministerial included,
belongs this duty and power
hi acting in endeavour
to give execution to law
with or without order from
Judge, concomitant or
antecedent

Art. 11. Not only to a Judge, but to any ministerial
/judicial functionary under
other judicial functionary
ministerial as well as magisterial, belongs this same
function with the power attached: acting in the endeavour
to give execution to the law, with, or even without any
special order concomitant or antecedent, from the Judge. Generally speaking, when
without any such need occurrs it is without
knowledge or expectation on the part of the Judge.

12
Art. 12. Need more frequent
without than with
cognizance of Judge.
This considered, not
only by Judge but by
any other judicial functionary,
ministerial as
well as magisterial,
this function with the power
be exercised.
[☞ Repetition. Is it so
in the fair copy?]

Art. 12. Need of the exercise of this function may will
still more frequently have place without than with the cognizance
of a Judge. This considered, not only by a Judge
but by any other judicial functionary, ministerial as well
as magisterial may this function with the power attached
be exercised. and to this purpose in and of the law it is allowable to
on any person to constitute himself a function
to act in the character of such functionary

13
Art. 13. Introductory
cry "Aid to the law!"
thereupon statement of the
state of things, in so far
as and unknown
to party addressed

Art. 13. Aid to the law! is an appropriate
formulary of invitation, by which notification may be given of the purpose for which
this power is assumed and exercised: after these words, comes if
if not known to the party addressed, the statement of the individual state of things by which the demand for need
it has been produced.

14
Art. 14. In certain
cases by any person
of sound mind may
this power be exercised
with preponderant benefit.
To describe these
and guard the power against
abuse belongs to
Codes non-penal and penal.

Art. 14. In certain cases, for the not only by a
Art. To obviate the abuse liable to be made of
judicial functionary but by any person whatsoever of sane mind may
this power hands
this function, and the power belonging to it, be exercised with preponderant
belongs to the penal and non-penal Codes.
benefit. But, to give description to these cases, and to obviate the
abuse to which it can not but stand exposed in such miscellaneous
hands, belongs to the penal and non-penal codes




Identifier: | JB/042/337/001"JB/" can not be assigned to a declared number type with value 42.

Date_1

1823-10-06

Marginal Summary Numbering

10-14

Box

042

Main Headings

constitutional code

Folio number

337

Info in main headings field

constitutional code

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

c3 / d13 / e3

Penner

jeremy bentham

Watermarks

j whatman turkey mill 1822

Marginals

jeremy bentham

Paper Producer

admiral pavel chichagov

Corrections

Paper Produced in Year

1822

Notes public

"copd"

ID Number

13260

Box Contents

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