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1824 Aug. 11 Jany. 6
Constitutional CodeCh. Appellate Judges
§. 1. Fields of Jurisdiction
§. 3. Power not functionaries §. Partiality here obviated
Art. 1.. Where, and in so far as necessary For giving execution and effect to the ordinance of the Government Legislature,
it belongs to a Judge Immediate has power to call in the ,
and take under his the command of all functionaries belonging to the Preventive
service department: stating in writing to the functionary of the highest
grade within his reach the existence of the necessity, and
the nature of it.
Art. Art. 16. An incident liable to take place is
the promotion of a Judge Immediate to an Appellate Judicatory
how to which belongs the cognizance Appeal may
have come or may be about to come from a Judicatory
in which he has been officiating, in which case, failing if appropriate
provision were not made the Appeal would
be from the Judge to himself whereby the intention of
the institution of Appeal would be in so far frustrated.
To obtain this inconvenience it is thus provided.
Art. 16. If at any time, from a Judicatory in which
an Appellate Judge is officiating an Appeal had office
had been officiated as Judge Immediate a suit is brought by Appeal
to a Judicatory the one in which he is officiating as
Judge Appellate in such such sort that on that occasion,
unless provision were made to the contrary he would have to set in judgment on his own
acts or omissions, – cognizance of such Appeal shall be will in
that case be taken not by him, but by some the senior in service if more than one
of all Judges Depute if any there are who had first been located as
such by some predecessor of his: or if there be not any one
such by some one Judge Appellate taken by lot out of those who have been
located by him: if no one such be obtainable, it will rest with the
Justice Minister, by a
particular
decree, to transfer the
cognizance to some
neighbouring other
Appellate Judicatory
unless with a general ordinance, provision for
this can shall have been made
by the Legislature: on
regard in this case as this occasion, as
in every other conjunct regard being
had to the several ends
direct and collateral, of all
good judication.
Identifier: | JB/037/401/002 "JB/" can not be assigned to a declared number type with value 37.
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jeremy bentham |
j whatman turkey mill 1822 |
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jonathan blenman |
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