JB/042/368/001

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1824. April 8 ++
Constitutional Code. Copd

ulto
Ch. XI. Judiciary collectively
§.14. Partiality obviated

1

§.14. Partiality obviated

Art. 1. If in the any judicatory in question a suit should
arise in which the Judge has a known and acknowledged
interest, he will of course transfer the cognizance
of it either to some Judge a Depute, permanent or occasional
whether belonging to his Judicatory or choosing some
one, if any such there be, in the choice of whom the
parties on both sides are agreed; of if there is not, taking choosing if any such one there be: by pref any Judge Depute who was not in preference
to any one if not, he will take some Depute originally located by some
other Judge, preceding Judge, in preference to any one originally located by himself.

For the remedy furnished by Appeal on the Should it happen that
no Depute, not who is not regarded as partial in favour of
can be obtained, for the remedy afforded by Appeal, see Chapter XXI. Appellate Judges.

Art. 2. Partiality is with With reference to the person in question either favorable or adverse:
adverse in relation to a party on one side,
if it may be the same as if favorable in relation to a
party on the opposite side if where favorable, it may have has
for its cause a tie of a tie of self interest in self-regarding
for its cause interest self-regarding or sympathetic
tie of sympathetic adverse, of antipathy interest antipathetic. Of a
partiality adverse to one side, that effect may be the same as of a

Of any one of these assertions the existence
it may be by its effect, without being as
partiality in favour of the other. In any of these cases, be cause known or unknown,
to its cause. may be known by its effects.

Art. 3. If a cause of partiality the effect On the
conduct of the Judge the effect may be the same or nearly the same
whether the seat of it be the interest be in the Judge's own breast, or situation, or in that of
that of some other individual, with whom he is connected
by some special tie — whether of self-regarding or sympathetic
interest: for example a wife, offspring, parent or
other near relative whether in the direct line or in the collateral line,
a patron, a protégé, or an intimate friend.

Identifier: | JB/042/368/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-04-08	Marginal Summary Numbering	1-3
Box	042	Main Headings	constitutional code
Folio number	368	Info in main headings field	constitutional code
Image	001	Titles	partiality obviated
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public	"copd"	ID Number	13291
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