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1827. Octr. 19
Law Amendment Constitutional Code
Ch. Propositions
§. Procedure
11
Judicial execution
the application of appropriate
remedies
By execution — judicial execution may be understood application
made of the appropriate remedy or remedies
12
Where no wrong to
redress it may be understood
as the procuring
its performance
Applied to judicial application at large in the sense in
which it has for its object any operation other than that which
consists in the application made of a judicial remedy to wrong in
some determinate shape it by it may be understood the performance
of the operation be it may what it may of which it
has for its object the procuring the performance
13
By judicial execution
Judge renders a correspondent
service.
By performance of that operation which the application calls
upon him to do the Judge renders to the applicant himself, some
other individual, some other particular class of individuals, or the
community at large, a correspondent service — say a judicial service
14
In existing system
services rendered
Of these Services those which under the existing system are rendered by the judicial
authority are the following:
If These not rendered are the following
Services not rendered
Those not rendered by it [are] the following
15
Of consultative applications
the object the obtaining
from the declaration as
to what would be his
decree in a certain
supposed state of things
By the consultation application may be denominated designated
an application which has for its object the obtaining at the hands
of the Judge a declaration stating what to what effect in a certain/supposed state of things under a certain article
of the law therein calling for decision, his decision will or would be
For exclusion of vague and ungrounded application
a condition attached to compliance with an application for this purpose
might be indication afforded of some determinate article or
articles of written law in which this application has its ground.
16
Rendering this service
is the exercise of the Judge's
pre interpretative function
By rendering the correspondent service, — the service then demanded
a correspondent function will be performed by the Judge, it may be stiled the pre interpretative function.
Identifier: | JB/056/174/001"JB/" can not be assigned to a declared number type with value 56. |
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1827-10-19 |
11-16 |
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056 |
Law Amendment |
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174 |
Law Amendments |
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001 |
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Text sheet |
1 |
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recto |
C3 |
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BROCKLESBY & MORBEY 1827 |
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Edmund Henry Barker |
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1827 |
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18230 |
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