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1825 Nov. 5 12 ++
Constitutional Code Copd
2o
Ch. XII. Judiciary collectively
§.14. Migration
3
Art. 8. Migration Mandate. This is the denomination given
to the instrument of transference, by which the Judicatory to which the Judge
to whom it is addressed is to migrate, is declared. In it the giving of the
transference in the mind of the Minister — the consideration whereby he has been disposed to accede to
the request are also
declared. In the first
instance it will only be
provisional: liberty and
sufficient time for contestation
will be allowed
to the Judge
Art. 9. In pursuance of the object of the system, as
per Art. 1. it will be among the cases of the Justice Minister, to on the occasion of each migration
that on the occasion of each migration, between the territory from which and the territory
to which on the occasion of each a Judge is transferred, there be, at of
in so far as the system of territorial division permitts
at least one such territory at least intervening: in the case
of the Immediate Judge one Subdistrict, or to case of
the Appellate Judge, one district.
Art. . At the On the other hand, for obviating needless
delay vexation and expence on the by reason on the occasion of of the
removal, he will avoid establishing giving unnecessary
encrease to those evil in their several shapes,
by the any needless magnitude of distance between the place of
last territory from which and the territory to
which, the migration is made to take place
Art. 10. In the case of a functionary, transferred as
above for the first time, his commeration time will of course
be reckoned from the day of his locating in such his office: in the case
of a functionary transferred for any other than the first time
it will be reckoned from the time of his last migration
if more than one, or if not more than one
from that one.
Instruction to the Legislator
The Art. 11. In determining the length of commeration which upon the whole it may be advisable to
allow, and the distance which it may be advisable to require between
the place of a first former and that of a subsequent commeration,
consideration it is evident will require to be had of the magnitude in respect of the territory
and the magnitude of population.
The larger the territory
in proportion to the density
of the population, the less the
evil from danger from length
of commeration, and the greater the inconvenience attendant on removals.
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