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1824. Oct 27 April 2
Constitutional Code.I. Enactive Part
Ch. Appellate judge
§. Partiality obviated
Art. 7. Power to any party to address to the
Judge any apt questions, having for their object
the bringing to view any such connection.
Art. 8. In the case of any such question so
put, the Judge removes from the judgment seat
to the station appointed for that side on which he is
or is supposed to be a party: and, at the same time,
the Pursuer General, Defender General and Registrar
place themselves on the judgment seat, the Defender
general officiating as presiding Judge.
§. Partiality obviated.
Art. 1. If in the situation of Judge Appellate
a case the existence of a cause of partiality be recognized
by himself, he will decline cognizance, stating
the nature of his situation and of the temptation it exposes
him to: in that case, for the information of the Appellant he will remand the record to the
Judicatory appealed from: whereupon in to the judicatory The Appellant will propose
thereupon propose some such other Appellate Judicatory: to which, if all
parties consent, it is shall be will forthwith be transmitted: if any
one dissent, it the record it is transmitted, with the reasons for the proposition proposal
and the dissent, that are will be transmitted to the Justice Minister
who, for the reasons by him declared will transmit it to
they such other Appellate Judicatory, as in his opinion the choice of which for the reasons by him declared promise
are best suited to the justice of the case and the to be most conducive to the ends of justice.
convenience of all parties.
Art. 2. To the Appellate, as to the Immediate
Judge, as per Ch. XI §. questions may be put from any on either side
be put to the having from either side for their the ascertaining
whether his situation be or be not exposed, to the action of any such cause of
partiality: there mentioned the examination but without adduction of any extraneous evidence. The
examination having been furnished, a party on either side the
with may propose to send transmission to some other Judge Appellate Judicatory: if
such proposal the Judicatory proposed be agreed to on both sides agreed to the Judge will transmitt the record
accordingly: if not, he will transmitt it with their the respective
reasons to the Justice Minister, who will transmitt it to some other
other Appellate Judicatory
or retransmitt remitted to the same
as he thinks best, declaring Appellate Judicatory, as
his remarks above.
Identifier: | JB/041/353/001 "JB/" can not be assigned to a declared number type with value 41.
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Constitutional Code |
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353 |
Constitutional Code I Enactive Part |
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"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.
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D19 / E2 |
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J WHATMAN TURKEY MILL 1822 |
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Jonathan Blenman |
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