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<head>1825. | <head>1825. Oct<hi rend="superscript">r</hi>. 31. +<lb/> | ||
constitutional Code | constitutional Code Cop<hi rend="superscript">d</hi></head> | ||
<note>Ch. XII. Judiciary collectively<lb/> | <note>Ch. XII. Judiciary collectively<lb/> | ||
§.3. Judiciary functionaries</note> | §.3. Judiciary functionaries</note> | ||
<p>4 2</p> | <p><del>4</del> 2</p> | ||
<p>§.3. Judiciary functionaries, (continued.)</p> | <p>§.3. <del>Judiciary functionaries, (continued.)</del></p> | ||
<p>Enactive and Expositive<lb/> | <p><hi rend="underline">Enactive and Expositive</hi><lb/> | ||
Art. 4. In case of need, for giving effect to the<lb/> | Art. 4. In case of need, for giving effect to the<lb/> | ||
ordinance <gap/> mandate of a Judge, all persons are, on requisition<lb/> | <del>ordinance <gap/></del> <add>mandate</add> of a Judge, all persons are, on requisition<lb/> | ||
by him made or from him emaning, bound<lb/> | <del>by him made or</del> from him <sic>emaning</sic>, bound<lb/> | ||
to act as occasional Ministerial Judicial Officers, in<lb/> | to act as <hi rend="underline">occasional Ministerial</hi> <add>Judicial</add> <hi rend="underline">Officers</hi>, in<lb/> | ||
any of the above several capacities: all persons,<lb/> | any of the above several capacities: all persons,<lb/> | ||
and in particular all Prevention Service<lb/> | and in particular all <hi rend="underline">Prevention Service</hi><lb/> | ||
functionaries, all Army functionaries, and all<lb/> | functionaries, all <hi rend="underline">Army</hi> functionaries, and all<lb/> | ||
Navy functionaries.</p> | <hi rend="underline">Navy</hi> functionaries.</p> | ||
<p>Enactive and Expositive<lb/> | <p><hi rend="underline">Enactive and Expositive</hi><lb/> | ||
Art. <gap/> 5. So likewise on their own motion and<lb/> | Art. <del><gap/></del> <add>5.</add> So likewise on their own motion and<lb/> | ||
without waiting for any ordinance from a Judge such mandate as per Art. 5.<lb/> | without waiting for any <del>ordinance from a Judge</del> <add>such mandate as per Art. 5.</add><lb/> | ||
persons are in certain cases permitted, in certain<lb/> | persons are in certain cases permitted, in certain<lb/> | ||
cases even bound, to act in those several<lb/> | cases even bound, to act in those several<lb/> | ||
| Line 31: | Line 31: | ||
giving execution and affect to the law: viz.<lb/> | giving execution and affect to the law: viz.<lb/> | ||
on the presumption that, had the occasion come<lb/> | on the presumption that, had the occasion come<lb/> | ||
to his knowledge, such to the effect in question would have been the order<lb/> | to his knowledge, <del>such</del> <add>to the effect in question</add> would have been the order<lb/> | ||
of the Judge. For a specification of these cases, together with the names <note>for the institution of their<lb/> | of the Judge. For <add>a specification</add> of these cases, <add>together with the names</add> <note>for the institution of their<lb/> | ||
power in the several cases,</note><lb/> | power in the several cases,</note><lb/> | ||
see the Penal<lb/> | see the Penal<lb/> | ||
<gap/> Non-penal and Procedure Codes.[+]</p> | <del><gap/></del> Non-penal and Procedure Codes.<hi rend="superscript">[+]</hi></p> | ||
<note>[+]1 Note, that in and by<lb/> | <note><hi rend="superscript">[+]1</hi> Note, that in and by<lb/> | ||
In the Procedure<lb/> | <del>In</del> the Procedure<lb/> | ||
Code, the application<lb/> | Code, the <del>application</del><lb/> | ||
arrangements, for the<lb/> | arrangements, for the<lb/> | ||
application of the<lb/> | application of the<lb/> | ||
necessary checks to<lb/> | necessary checks to<lb/> | ||
abuse of the power in<lb/> | abuse of <add>the</add> power in<lb/> | ||
these cases being purged of <gap/><lb/> | <add>these cases</add> being purged of <gap/><lb/> | ||
factitious delay vexation<lb/> | factitious delay vexation<lb/> | ||
and expense, —<lb/> | and expense, —<lb/> | ||
| Line 52: | Line 52: | ||
amplitude of the power<lb/> | amplitude of the power<lb/> | ||
which may without<lb/> | which may without<lb/> | ||
preponderant danger be created and conferred.</note> | preponderant <unclear>danger</unclear> be created and conferred.</note> | ||
<p>In <note>contradiction to these<lb/> | <p>In <note>contradiction to these<lb/> | ||
occasional, those others<lb/> | <hi rend="underline">occasional</hi>, those others<lb/> | ||
as per Art. 3. may<lb/> | as per Art. 3. may<lb/> | ||
be styled permanent<lb/> | be styled <hi rend="underline">permanent</hi><lb/> | ||
judicial functionaries.</note></p> | judicial functionaries.</note></p> | ||
| Line 63: | Line 63: | ||
<p>Instructional Enactive and Expositive<lb/> | <p>Instructional Enactive and Expositive<lb/> | ||
Art. 6. Distinguished with reference to place,<lb/> | Art. 6. Distinguished with reference to place,<lb/> | ||
these functionaries will be either stationary, or<lb/> | these functionaries will be either <hi rend="underline">stationary</hi>, or<lb/> | ||
itinerant: stationary as the several local Headmen,<lb/> | <hi rend="underline">itinerant</hi>: <hi rend="underline">stationary</hi> as the several <hi rend="underline">local Headmen</hi>,<lb/> | ||
as per Ch. XXVI: and Local Registrars, as per<lb/> | as per Ch. XXVI: and <hi rend="underline">Local Registrars</hi>, as per<lb/> | ||
Ch. XXVII: itinerant, as | Ch. XXVII: <hi rend="underline">itinerant</hi>, as the several persons employed<lb/> | ||
in the exercise of the accersitive, or say hither-culling, prehensive,<lb/> | in the exercise of the <unclear>accersitive</unclear>, <add>or say <unclear>hither-culling</unclear></add>, prehensive,<lb/> | ||
<gap/> adductive, abductive and transductive functions: as to which<lb/> | <del><gap/></del> adductive, <add>abductive and transductive</add> functions: as to which<lb/> | ||
see §.13 Elementary functions. Judges principal,<lb/> | see §.<del>13</del> <add>9</add> <hi rend="underline">Elementary functions</hi>. Judges principal,<lb/> | ||
considered in respect of the periodical migration<lb/> | considered in respect of the periodical migration<lb/> | ||
to which they will be seen subjected, may<lb/> | to which they will be seen subjected, may<lb/> | ||
be considered as being in so far, itinerant: but,<lb/> | be considered as being in so far, itinerant: but,<lb/> | ||
in each station, between migration & migration,<lb/> | in each station, between migration & migration,<lb/> | ||
they are stationary, Outdoor attendance, as per<lb/> | they are stationary, <hi rend="underline">Outdoor attendance</hi>, as per<lb/> | ||
Ch. XIII notwithstanding. So also Government<lb/> | Ch. XIII notwithstanding. So also Government<lb/> | ||
Advocates principal, and <gap/> of the Eleemosynary Advocates<lb/> | Advocates principal, and <del><gap/> of the</del> <add>Eleemosynary Advocates</add><lb/> | ||
<gap/> principal.</p> | <del><gap/></del> principal.</p> | ||
<p><add><gap/>. Art. 7.</add></p> | <p><add><del><gap/>.</del> Art. 7.</add></p> | ||
1825. Octr. 31. +
constitutional Code Copd
Ch. XII. Judiciary collectively
§.3. Judiciary functionaries
4 2
§.3. Judiciary functionaries, (continued.)
Enactive and Expositive
Art. 4. In case of need, for giving effect to the
ordinance mandate of a Judge, all persons are, on requisition
by him made or from him emaning, bound
to act as occasional Ministerial Judicial Officers, in
any of the above several capacities: all persons,
and in particular all Prevention Service
functionaries, all Army functionaries, and all
Navy functionaries.
Enactive and Expositive
Art. 5. So likewise on their own motion and
without waiting for any ordinance from a Judge such mandate as per Art. 5.
persons are in certain cases permitted, in certain
cases even bound, to act in those several
capacities, or some of them, for the purpose of
giving execution and affect to the law: viz.
on the presumption that, had the occasion come
to his knowledge, such to the effect in question would have been the order
of the Judge. For a specification of these cases, together with the names for the institution of their
power in the several cases,
see the Penal
Non-penal and Procedure Codes.[+]
[+]1 Note, that in and by
In the Procedure
Code, the application
arrangements, for the
application of the
necessary checks to
abuse of the power in
these cases being purged of
factitious delay vexation
and expense, —
proportioned in the efficacy
of the security
thus afforded as the
amplitude of the power
which may without
preponderant danger be created and conferred.
In contradiction to these
occasional, those others
as per Art. 3. may
be styled permanent
judicial functionaries.
Instructional Enactive and Expositive
Art. 6. Distinguished with reference to place,
these functionaries will be either stationary, or
itinerant: stationary as the several local Headmen,
as per Ch. XXVI: and Local Registrars, as per
Ch. XXVII: itinerant, as the several persons employed
in the exercise of the accersitive, or say hither-culling, prehensive,
adductive, abductive and transductive functions: as to which
see §.13 9 Elementary functions. Judges principal,
considered in respect of the periodical migration
to which they will be seen subjected, may
be considered as being in so far, itinerant: but,
in each station, between migration & migration,
they are stationary, Outdoor attendance, as per
Ch. XIII notwithstanding. So also Government
Advocates principal, and of the Eleemosynary Advocates
principal.
. Art. 7.
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