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1824. Jany. 14 July 30
Constitutional Code. Ch. XV. Judge Deputes Occasional
§. 4 Power, how limited
§. 5. Partiality obviated
Art. On the occasion of an application for
the above purpose, it will be for the matter for the Judge principal or Depute permanent
consideration and enquiry on the part of the Judge principal will be upon his guard to prevent the effect of any suit instituted
or Depute permanent whether by collusion between the parties, for the purpose of
thus obtaining some under advantage by the possession of property
or in some other shape at the expence of third
persons such as those to whom
Art. On the occasion of any such application
the Judge applied to will be on his guard be
Art. 2. But for the restriction thus imposed, with or
With or even without confederacy with Art. The means of a Judge depute occasional,
appointed by applied for appointed at this instance, for the purpose, ill-disposed persons
might in this way, by a fictitious suit, obtain for that undue commandment
undue advantage, in any one of a variety of shapes, to the injury of
third persons. but for the restoration by the preceding
situation. Against all any such mischievous
enterprize the Judge applied to principal will be accordingly be upon
his guard.
☞ Take fresh Sheet for copying.
§. 5 Partialities obviated.
Art. 1. Art. 3. In relation to any supposed interest, self-regarding
or sympathetic, a Judge Depute permanent occasional is subjectible
to in interrogation, and, in consequence liable to be diverted of the cognizance of the suit in like manner as by §. 9 Ch. XIV Judge Depute
permanent.
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