★ Find a new page to transcribe in our list of Untranscribed Manuscripts
1828. Septr. 17 ++ J 3 Constitutional Code Copd
Ch. XII. Judiciary collectively §. Judicial functionaries
3
In all cases those excepted, in which it belongs the obligation of producing that effect belongs to functionaries in the Administrative Department in their several fields of service.
Art. 2. By a Judge, understand functionary to whose principal and characteristic function exercise is given, by giving by means of appropriate decrees operative and imperative, and the mandates thereto conducive, execution and and effect to ordinance of the Legislature, the case a case in which like c have place is or supposed to be to be a subject matter of dispute or say contestation: that is to say where on the demand made for the render by one party for the rendering of a certain service by another party under the notion that such demand is warranted by some such ordinance as above, it being so is denied by the party of whom it is so demanded, and in consequence of such denial, refund or say or to be rendered, in all cases, those excepted in which the obligation of producing that effect belongs to functionaries in the Legislature and Administration Departments in their several and respective fields of service.
Art. 3. Note that, in the case where really existing law, commonly called Statute or Written Law is the object or say subject matter of reference, the ordinance in question is a really existing ordinance: the terms of it originating with and having been fixt, by that Legislature: whereas under in a case in which the object or subject matter of reference is that which is universally called universally Unwritten Law and by English Lawyers Common Law (in one of the several in which that appellation is employed) that reference not being capable of b there not being any such expression of the really existing will of the Legislature object or say subject matter of reference applicable to the case, an un portion of supposed falsely supposed existing law — say a supposed virtual ordinance — must, on the occasion of each such demand, be imagined for the purpose:
Identifier: | JB/042/227/001"JB/" can not be assigned to a declared number type with value 42. |
|||
---|---|---|---|
1828-09-17 |
2-3 |
||
042 |
constitutional code |
||
227 |
constitutional code |
||
001 |
|||
text sheet |
1 |
||
recto |
d3 / e3 |
||
jeremy bentham |
|||
"copd" |
13150 |
||