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same words, or others at his choice: <del><gap/> <gap/> <gap/></del> he is alike responsible<lb/> | same words, or others at his choice: <del><gap/> <gap/> <gap/></del> he is alike responsible<lb/> | ||
for them in either case</p> | for them in either case</p> | ||
<note>8<lb/> | <note><!-- Marginal note in pencil -->8<lb/> | ||
Art.8 Rather to reform<lb/> | Art.8 Rather to reform<lb/> | ||
<add>particular</add> over<gap/> made in legislation<lb/> | <add>particular</add> over<gap/> made in legislation<lb/> | ||
than to introduce<lb/> | than to introduce<lb/> | ||
in this mode<lb/> | in this mode<lb/> | ||
extensive alteration is<lb/> | |||
the object of the | the object of the power<lb/> | ||
thus conferred.<lb/> | thus conferred.<lb/> | ||
Not more matter than<lb/> | Not more matter than<lb/> | ||
| Line 26: | Line 26: | ||
Code in question will<lb/> | Code in question will<lb/> | ||
any such proposed amendment<lb/> | any such proposed amendment<lb/> | ||
<del><gap/></del> | <del><gap/></del> insert<lb/> | ||
or <unclear> | or <unclear>expunge</unclear>. </note><lb/> | ||
<p>Any part of the law may give rise to the <unclear>exercises</unclear> of<lb/> | <p>Any part of the law may give rise to the <unclear>exercises</unclear> of<lb/> | ||
this function on the part of the Judge whether <unclear>spontaneousily</unclear><lb/> | this function on the part of the Judge whether <unclear>spontaneousily</unclear><lb/> | ||
| Line 37: | Line 37: | ||
<note>9<lb/> | <note>9<lb/> | ||
Art.9 Of the creature<lb/> | Art.9 Of the creature<lb/> | ||
of this person, the | of this person, the effect><lb/> | ||
is to give to every Judge<lb/> | is to give to every Judge<lb/> | ||
an initiative, and ever<lb/> | |||
more an | more than an initiative<lb/> | ||
<add>as</add> to every part of the field<lb/> | <add>as</add> to every part of the field<lb/> | ||
of law.<lb/> | of law.<lb/> | ||
| Line 46: | Line 46: | ||
divests all Judges of the<lb/> | divests all Judges of the<lb/> | ||
so much greater power<lb/> | so much greater power<lb/> | ||
the compleatly legislative<lb/> | the <sic>compleatly</sic> legislative<lb/> | ||
so commonly | so commonly exercised<lb/> | ||
by Judges, during the shape<lb/> | by Judges, during the shape<lb/> | ||
or by the connivance of<lb/> | or by the connivance of<lb/> | ||
| Line 57: | Line 57: | ||
will continually be any<lb/> | will continually be any<lb/> | ||
cases which though they<lb/> | cases which though they<lb/> | ||
hav just so <gap/> the<lb/> | <sic>hav</sic> just so <gap/> the<lb/> | ||
demand they present<lb/> | demand they present<lb/> | ||
for legislation would<lb/> | for legislation would<lb/> | ||
| Line 63: | Line 63: | ||
come under the cognizance<lb/> | come under the cognizance<lb/> | ||
of the member<lb/> | of the member<lb/> | ||
of the | of the Legislature<lb/> | ||
2. thus for want of<lb/> | 2. thus for want of<lb/> | ||
having their attention | having their attention so<lb/> | ||
<gap/> and <gap/><lb/> | <gap/> and <gap/><lb/> | ||
< | <unclear>built</unclear> on the text of the Law.</note><lb/> | ||
<p>Art. Cases in which this function may be aptly<lb/> | <p>Art. Cases in which this function may be aptly<lb/> | ||
executed. Example are as follows</p> | executed. Example are as follows</p> | ||
<p>1. | <p>1. Property in <del>immoveable</del> unmoveables. Doubts whether by a certain proprieter, <lb/> | ||
this or that use can be lawfully made of his land</p> | |||
<p>2. Property in inmoveables or moveables. Doubts whether <add>without question</add> his having a<lb/> | <p>2. Property in inmoveables or moveables. Doubts whether <add>without question</add> his having a<lb/> | ||
certain interest in a certain subject, say the use of it for his | certain interest in a certain subject, say the use of it for his life<lb/> | ||
can tell to another that same or any other interest.</p> | can tell to another that same or any other interest.</p> | ||
<p>3. Contract, between individual and individual. Whether of <gap/><lb/> | <p>3. Contract, between individual and individual. Whether of <gap/><lb/> | ||
1824. July 11
Constitutional Code.
Ch.XII Judiciary collectively
S.18. Preinterpretative function
By the applicant, if he thinks fit, may the terms of the amendmant
be proposed: in this case the Judge employs either those
same words, or others at his choice: he is alike responsible
for them in either case
8
Art.8 Rather to reform
particular over made in legislation
than to introduce
in this mode
extensive alteration is
the object of the power
thus conferred.
Not more matter than
would occupy [one
fault] part of a page
in the official edition of the
Code in question will
any such proposed amendment
insert
or expunge.
Any part of the law may give rise to the exercises of
this function on the part of the Judge whether spontaneousily
or obtainperatively exercised. But if it be the Constitutional
the J without reference either to the penal ot the nonpenal
called Civil branch he will rather receive and it be an applicant
to apply to some Member of the Legislature for the purpose
rather than himself takes cognizance of it.
9
Art.9 Of the creature
of this person, the effect>
is to give to every Judge
an initiative, and ever
more than an initiative
as to every part of the field
of law.
But on the other hand it
divests all Judges of the
so much greater power
the compleatly legislative
so commonly exercised
by Judges, during the shape
or by the connivance of
the Legislature, on pretence
of interpretation
The reason of giving to
Judges this initiative are
1. that under their notes
will continually be any
cases which though they
hav just so the
demand they present
for legislation would
not be equally apt to
come under the cognizance
of the member
of the Legislature
2. thus for want of
having their attention so
and
built on the text of the Law.
Art. Cases in which this function may be aptly
executed. Example are as follows
1. Property in immoveable unmoveables. Doubts whether by a certain proprieter,
this or that use can be lawfully made of his land
2. Property in inmoveables or moveables. Doubts whether without question his having a
certain interest in a certain subject, say the use of it for his life
can tell to another that same or any other interest.
3. Contract, between individual and individual. Whether of
in a certain way is in any any way a proposed contract to an effect
proposed would be lawful in contradistinction to forbidden and criminal,
or obligatory in contradistinction to unobligatory
4. Contract already in existence: doubts as to the interpretation
of it: doubts as to what in a certain case, actual or supposable
are of the parties is at the requisition of the other, bound to form exercise
4. Political Economical Laws - FinanceRevenue Laws. For collection
of revenue or supposed benefit to trade the Legislature has
imposed certain obligation, compulsory inhibiters or collectors.
Doubts whether a certain use which an to
make of his property, comes within the subject matter of any such
obligation
11
Art. Cases for exercise of this function
1. Property immoveable. Doubt whether by properties
a particular use can be made of his kind
a particular part of his land
2. Property at large. Doubts as to power of
disposal.
3. Proposed contract doubts with its law
galily fulness is obligatoriness
4. Existing contract. Doubts as
to the import of it: as to what
is this or that cases spontaneously is
at the requition of , one party
is bound to perform
5. Revenue Laws Politica Economical
Law. Doubt whether to a
certain act proposed to be done for
the power of a certain law
[+] a member of the Legislature as such, would not so readily
