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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
ext alteration is
the object of the pa
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
consort
or experage.
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
is to give to every Judge
and ive, and ever
more an
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 exercises
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 Legislation
2. thus for want of
having their attention
and
on the part of the Law.
Art. Cases in which this function may be aptly
executed. Example are as follows
1. Properly in immoveable unmoveables. Doubts whether by a certain proprieter, this or that use can be lawfully made of his hand
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 lif in contemplation e
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
