JB/042/443/001

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1824. July 11

Constitutional Code. Ch. XII Judiciary Collectively
S. Presider protective function

4
Art.4 Result of the
exercise of presider putative
function is in
either case a proposed
amendment. In the mode
of applying it to the Law
see below Art.6

From an exercise of the meliorative interpreti presider prelative
power of the Judge if adopted by the Legislature, the text
of the law receives an amendment. For the modes in which this
adoption is effected see below Art.

—

Preinterpretion the operation is in this case stiled - not
simply interpretation. The reason is that in this case of simple
interpretation, the correspondent and commonly concomitant power of opinion decrees that opinative and imperative
have been called for at the hand of the Judge, by an application
on the part of some pursuer, subject to opposition on the
part of some person in the character of Defendant.

—
5
Art.5. Modes in which
this function of exercisible
1. Spontaneous: exercised
by the Judge of his own
accord;
2. Obtemperative:- at
the suggestion of an inchordial
applying
after the manner of a
suitor: as per Procedure
Code Ch. Applications
Consultative the mode
of application here
in so far as form is
subject

Modes two in either of which this function may be
exercised are the spontaneous or and the obtain aties: spontaneous
in so far as it is of his own mere motion that the Judge
proposes the alteration: obtainparative, in so far as it is at the
petition riquisition of some individual applying after the manner in the character of a
suitor.

Where by the Judge the alteration it is spontaneously proposed, he takes care
to makes reference to the text of the law as it stands, and, in
the room of the passage which is the proposed seat of the supposed amendment in which the words in question stand
proposes the matter of it not by general description but
in the very words, in which, to the purpose of producing produce the effect which he wishes
to see produced, he regards, as best adopted

6
Art.6. Never in the way
of general description,
never is an amendment
proposed by the Judge:
never in any words
but those by which
supposing it adopted
the law will stand
expressed.

Where the mode in which by the Judge the alteration is proposed is the
obtainpative, it is in compliance with the requested application
in compliance with which it is made is one of the
modes of application stiled extraordinary and as per Procedure
Code: it may be stiled consultative.

7
Art.7. When the exercise
is obtainative
other by Judge or supplicant expressed
the amendment be
proposed: but the Judge
is responsible

Identifier: | JB/042/443/001"JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-07-11	Marginal Summary Numbering	4-7
Box	042	Main Headings	constitutional code
Folio number	443	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	13366
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