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1823. Octr. 6. 1825. Oct. 30 Nov 7. Constitutional Code. 1. Enactive Part.
+D+ 3 Copied & Copy corrected 3
Ch. §.27. Sistitive or Execution Staying
Judge's Sistitive or Execution staying §.17. Suspensive function.
Article 1. Sistitive or Suspensive staying Execution-staying. or say Sistitive function. It is exercised by provisionally preventing execution and effect from being given, in part on in whole, in the way of Judicature, to a legislative ordinance, or as per §.7. Art. 2. to an assumed rule of law: object, prevention of irreparable damage.
Art. 2. As often as, in regard to any such portion of law, it appears to the Judge, that, by reason of some circumstance not contemplated by the Legislature, if execution were given to it, irreparable damage, not intended by the Legislature, would ensue, — it is not only allowable to him, but incumbent on him, to prevent execution accordingly.
Art. 3. To warrant the exercise of this power, the following conditions are necessary [+] [+] exercise of this power, the
Enactive [+] Conditions Art. 4. Conditions necessary to this on each case warranting warrant the occasion, to warrant the exercise of this pow function are the following —
1. That, from execution, if given to the law, irre- damage and injustice which, but for such stoppage would not be excluded —parable damage, in some ag shape, would would in some therein assigned shape, or probably might, ensue.
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