The Online Library of Liberty

A project of Liberty Fund, Inc.

• Book I.
• Preface.
• Introduction.
• Chapter I.: General Division of the Aggregate Body of the Law.
• Chapter II.: Constitutional Law.
• Chapter III.: Civil Or Distributive Law. *
• Chapter IV.: Penal Law.
• Chapter V.: Procedure Law. †
• Chapter VI.: Financial Law.
• Chapter VII.: Prescriptions Or Bearings of the Other Codes Or Branches of Law, to the Constitutional Code.
• Chapter VIII.: Public-opinion Tribunal.
• Chapter IX.: Good Rule and Bad Rule.
• Chapter X.: Corruption.
• Chapter XI.: Delusion.
• Chapter XII.: Fiction.
• Chapter XIII.: Factitious Honour.
• Chapter XIV.: Established Religion—none.
• Chapter XV.: Supreme Constitutive.
• Chapter XVI.: Supreme Legislative.
• Chapter XVII.: Supreme Operative.
• Book II.
• Preface to the Original Edition of Book II.
• Chapter I.: Territory of This State, Name, Situation, Boundaries, Divisions.
• Chapter II.: Ends and Means.
• Chapter III.: Sovereignty, In Whom. *
• Chapter IV.: Authorities.
• Chapter V.: Constitutive Authority. *
• Chapter VI.: Legislature.
• Chapter VII.: Legislator’s Inaugural Declaration. *
• Chapter VIII.: Prime Minister.
• Chapter IX.: Ministers Collectively.
• Chapter X.: Defensive Force.
• Chapter XI.: Ministers Severally.
• Chapter XII.
• Chapter XIII.
• Chapter XV.
• Chapter XVI.: Quasi-jury.
• Chapter XVII.
• Chapter XVIII.
• Chapter XIX.: Government Advocate General.
• Chapter XX.: Eleemosynary Advocates.
• Chapter XXI.
• Chapter XXII.
• Chapter XXIII.
• Chapter XXIV.
• Chapter XXV.
• Chapter XXVI. *
• Chapter XXVII.
• Chapter XXVIII.
• Chapter XXIX.
• Chapter XXX.
• Chapter XXXI.
• Appendix.
• No. I.
• No. II.
• No. III.
• No. IV.
• No. V.
• No. VI.
• No. VII.
• No. VIII.

CHAPTER XXVIII.

Judiciary Prehensors.

Section I.

Prehensors, who.

Expositive.

Art. 1. By Prehensors, understand a set of judiciary functionaries, to whose functions exercise is given by prehension, for whatsoever judicial purpose made, of persons or things, under and by virtue of corresponding mandates emaning from a Judge.

Expositive.

Art. 2. By prehension, understand taking physical possession of, and taking into their custody, persons and things, of which, under and by virtue of correspondent mandates issued by the Judge, (to whom they are respectively subordinate,) such possession is required to be taken.

Instructional.

Art. 3. For more particular functions included in the prehensive function thus applied, see the Procedure Code, Ch. xxii. Prehension.

Section II.

Fields of Service.

Enactive.

Art. 1. The local and logical fields of service of a Prehensor are the same as those of a Judge, as per Ch. xii. Judiciary collectively, Section 6.

Enactive. Expositive.

Art. 2. Ordinary and extraordinary, or say occasional. Such are the Prehensor’s local fields of service.

Ordinary, that which coincides with that of the Judge, to whose Judicatory the Prehensor in question belongs: extraordinary, the respective local fields of service of any or all the several other Immediate Judicatories.

Enactive. Expositive.

Art. 3. Only when the person or persons, thing or things, which, requiring to be prehended, are, or by the Judge are believed to be, (whether in a stationary or migratory state,) within the Judgeshire of some other Judge or Judges,—to the authority to act within his own Judgeshire, will be added by the Prehension mandate, issued by the Judge, authority to act within the territory of any other Judge.

Instructional. Ratiocinative.

Art. 4. Whether they be persons or things, or both, frequently it cannot be seen, whether at the moment of issuing the Prehension mandate, the proposed subject matters of prehension be in a stationary or a migratory state: nor, if in a stationary state, how soon from that state they may not pass into a migratory one: nor, in case of migration, into or through what other Judicatories the migration may not extend.

Accordingly, in the tenor of the prehension-mandate, at the moment of issuing it, the Judge, if he sees reason, will insert a clause, authorizing the Prehensor to extend to any other Judgeshire or Judgeshires, without exception, the exercise given by him to this his function. At the same time, if, in the individual case in question, there be any reason to suppose that, in preference to, or to the exclusion of, others, the subject matter in question is, in a more especial degree, likely to be found in this or that Judgeshire; in this case, in and by another appropriate clause, designation of such particular Judgeshire or Judgeshires will be inserted.

Enactive. Instructional.

Art. 5. As for other judicial mandates in general, so for these, printed forms in general terms, with appropriate blanks for the insertion of matter peculiar to the several individual cases, will be provided under the direction of the Justice Minister.

Enactive.

Art. 6. In case of any such judicial invasion, as above, the invading Prehensor will make a Report, specifying the Judgeshires so invaded, with the time of each such invasion, and the operations thereupon performed.

Section III.

Self-suppletive Function.

Enactive.

Art. 1. To a Prehensor, as to a Judge, belongs the self-suppletive function: with this difference, that in the case of the Prehensor, the instrument of deputation must be signed, not only by the Prehensor principal, but also by the Judge.

Enactive. Instructional.

Art. 2. Under and by virtue of his aid-compelling function, as per Ch. xii. Judiciary collectively, Section 12, at any time provisionally,—and lest on any individual occasion, by any accident, means of giving execution and effect to a judicial decree, should be wanting,—to the Judge it will belong, of his own authority, by appropriate instruments, to appoint Prehensor Deputes Occasional, in such number as the state of things may have been found to require.

Section IV.

Locable who.

Enactive.

Art. 1. The pecuniary competition having had place—a salary having, by the Legislature, been attached to the situation, as in the case of a Judge, as per Ch. xii. Judiciary collectively, Section 27, Remuneration, any man who can read and write, is locable.

Enactive.

Art. 2. Qualifications, 1. Ordinary. The aptitude of the candidate, in respect of the arts of reading and writing, will be exhibited in public in the Justice Chamber, immediately before the signature of the location instrument.

Enactive.

Art. 3. Of the day and hour at which the signature of the location instrument is proposed to be performed, notice effectually public will have been given; for any persons so inclined, to come in, and by their evidence respectively delivered and examination taken, show cause why such location shall not have place.

Instructional.

Art. 4. Of persons who, in respect of their antecedently habitual occupation, present themselves as affording a presumption of especial appropriate aptitude, examples are the following:—

1. Functionaries having served as serjeants, or in any superior or inferior grade, in the army subdepartment, being at the same time in respect of bodily vigour apt for a service, in which as in this case, bodily resistance on the part of others, is by the supposition liable to have place.

2. Functionaries having served in the Navy subdepartment, in grades analogous to the above.

3. Functionaries having served in the Preventive Service subdepartment.

Instructional.

Art. 5. Qualifications, 2. Extraordinary. Consideration had, that individuals of all sorts—foreigners as well as natives—persons not speaking any language spoken by any permanent inhabitant of the State—are liable to be subjected to the exercise of the power thus conferred, and regard being had to the need which has place for interchange of expression of will, and correspondent expression of compliance and refusal, the locating Judge, on the occasion of the choice made by him, as between candidate and candidate, will have regard to the number of foreign languages, if any, in which the candidate is able to converse: cœteris paribus, the aptitude of the candidate being as the number of the languages, in which he is able to converse.

Instructional.

Art. 6. In making choice of a Prehensor, for the individual occasion, if the proposed Prehendee be a foreigner, the Judge will cœteris paribus, employ, in preference for the occasion, as Prehensor, if any such there be, an individual who is able to converse, either in the native language of the proposed Prehendee, or, if that cannot be, in some other language, in which the proposed Prehendee is able to converse.

Instructional.

Art. 7. Where the proposed Prehendee is of the female sex, the Judge will, if he thinks fit, make appointment of a person of that same sex, to act as attendant on the person of the proposed Prehendee, whether she be a foreigner or a native: this, for the purpose of minimizing the annoyance to which a person of the female sex may unavoidably be subjected, by being in the mode in question placed under the power of a person of the male sex: of which annoyance the intensity will naturally be in proportion to the degree of affluence to which she has been habituated. On such an occasion, the Judge will be upon his guard against the danger, lest, by means of such appointment, the intended prehension should in any way be frustrated.

Section V.

Located how.

Enactive.

Art. 1. Located by the Judge of the Judicatory, to which they belong, and under which they serve, will be all Judiciary Prehensors.

Enactive.

Art. 2. Performed will the location be, by an appropriate instrument, styled a Prehensor-locating instrument, under the signature of the locating Judge.

Section VI.

Dislocable how.

Enactive.

Art. 1. Dislocable at any time, by the Judge of the Judicatory, in which they respectively serve, are Judiciary Prehensors: by the Judge, that is to say, either of his own motion, or at the instance of, and appropriate demand accordingly made by, any other person whatsoever.

Enactive. Instructional.

Art. 2. When, and as often as, it happens to a Judge to dislocate a Prehensor, he will cause him to appear on a day appointed before him in the Justice Chamber, and there, after taking his examination, in so far as shall appear necessary, (if by the result thereof he is confirmed in his opinion of the inaptitude of this functionary,) will declare to him the cause or causes of his dislocation, and pronounce a dislocative decree accordingly.

Enactive. Instructional.

Art. 3. To the care of the Government Advocate it will belong, of his own motion, or, at the instance of the Judge, to secure in this, as in other cases, the exhibition of any such evidence, as for the forming of a ground for the proposed dislocative decree, may have presented itself as necessary.

Enactive. Instructional.

Art. 4. To the care of the Eleemosynary Advocate it will belong, in like manner, to secure the exhibition of any such evidence, as for averting the dislocative decree, may have presented itself as necessary.

Enactive. Instructional.

Art. 5. In this case, to afford a valid ground for the dislocative decree, it is not necessary that the demand for that purpose should have for its ground any offence of the number of those, the denunciation of which is exhibited in and by the Penal Code. The decree will have for its sufficient ground and warrant, the whole matter of the record, of which such examination as above constitutes the essential part.

Enactive.

Art. 6. Of this dislocative record, exemplars will be distributed in manner following:

1. Kept in the Judicatory, one.

2. Delivered to the Dislocatee, one.

3. Delivered to the dislocating Judge, one.

4. Transmitted to the Appropriate Appellate Judicatory, one.

5. Transmitted to the Justice Minister, one.

Enactive. Instructional.

Art. 7. Should the dislocative decree appear not sufficiently grounded either to the Judge Appellate or the Justice Minister, they will not, however, relocate the dislocatee in any Judicatory in which he will have to serve, under a Judge by whom, or at whose instance, he has been dislocated.

By his dislocation in one Judicatory, no peremptory bar will be opposed to his location in any other.