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1824. April 8.
Constitutional Code.
Ch. XI. Judiciary collectively
§. Partiality obviated
Art. 8. If case of the existence of any such to any such cause of probability, his situation
of pretending in his breach of stands exposed as above, situation, as above, the Judge will do well, to
locate a D in consign the in suit to some Depute
on this special cause. ground, stating at the same time the nature
of the situation in this respect, and of the temptation to which it
stands exposed: to: and this, whether the Ju Depute in question
be the object of his special choice, or whether one in whom the experience
of it devolved upon him in virtue of some general rule.
Art. 8. In case of a On the occasion of
an examination of a Judge by a party as above, it will delay
Art. 9. To the Judge, at the in this case whether principal
or depute it will belong to whoever officiates as Judge will have to consider and enquire whether
the course taken by the party on the occasion such as examination will not have have not for
object is for its effect the production it may not be productive of under material
and may be delay: and to take that not producing delay: especially if, in the shape of
and to take care that in shape for counterevidence to the declaration of the judge so interrogated, extraneous evidence be adduced or tendered:
in no preponderant shape, preponderant case that in no shape not a
and of it, to from such delay preponderant evil shall
and thereupon to take such measures as may be necessary
to prevent the delay from becoming productive of preponderant
evil in any shape from becoming the result
taking from having place in consequence.
Art. Rather than that the a suit should be
heard and determined, though it were only in the first
instance by a Judge suspected of partiality, the
Appellate Judge of the territory, will, on petition
from a party on either side, transfer the cognizance
to some other Immediate Judicatory, employing on
the occasion the facilities afforded by intercommunity
of service as per §. 17, and choosing by preference
any Judicatory, one if such there be, which all parties are concurr in
preferring, and employing on the occasion the facilities
afforded as per §. 17 by intercommunity of judicial service. as
per §. 17.
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