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1824. Feby. March 2
Constitutional Code.Ch. XXI. Appellate Judges
§. 10. Partiality obviated
§. 10 Partiality obviated.
Art. 1. For the mode of proceeding, of in a case, in which the Judge is known
party to be a party, or is supposed to regarded as being under
in danger of being biassed standing exposed to the seductive influence of
personal interest sinister interest, self-regarding, sympathetic
or antipathetic, see Ch. XII the case of the Judge Immediate
as per Ch.XI. §.
Art. 2. Exceptions excepted In the case If in any instance the
Art. 2. If, before the transmission or before the termination of an Appeal
the Judge appealed from is constituted Judge of the Appellate
Judicatory, in such sort as that by a decree could not be passed
without his having to sit in judgment on his own acts, or ,
the course taken by the Appeal will be as follows. Appeal goes in course to that Appellate Judicatory
the suit of which is nearest to that of the Immediate Judicatory cognizance of the Appeal will have place as follows.
appealed from:
Art. 2. Emphasis
1. If by the supposition of Appellate Judge to whom the Immediate
Judge appealed from succeeds, cognizance of the Appeal has been already
I. If it has been already assigned to an Appellate a Judge Depute it will remain with
2. If no such Judge Depute.
Art. 3. II. If not, such assignment has been made, the
cognizance it will be taken belong notwithstanding be taken by the Judge Depute, if there
be but one, or senior in service if, there be more than one
to by the senior in service.
Art 4. III. If there be no Judge Depute capable of then serving
then it will pass to the Judge, of that Appellate Judicatory, the seat of
which is nearest to that of the Immediate Judicatory appealed
from.
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