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Tit. III. B.
Of Judges in general
Of Judges instituted.
Natural –
principal – Depute-permanent
– Deute occasional –
their
II
Art. 1
Different sorts of
Judges. p.1
2
Judges natural
instituted. p.1
3
Judges principal
how & by whom to be elected. p.1
4
Who eligible on
the first election. p.2
5
Who in future in
all ranks but the
lowest. p.2
6
Who in the lowest.
p.2
4(a)
This copied from the
draught
all but the specification
7
Duration in office
and efficient cause
of vacancy. p.4.
---page break---
Tit. III. B. Judges
8
Salary not lost
upon amotion. p.4.
9
– nor capacity of
being re-elected. p.4
10
A Judge-Depute
not to stand against
his Deputer. p.4
11
Power of a Judge
within his own
territory. p.5
12
– within a foreign
territory. p.5
13
Rank of Judges.
p.5
14
No Judge to possess
another office. p.6.
15
– nor to meddle
in elections. p.6
§ 3. Time of judicature
16
The judgement
seat ought never
to be empty. p.7.
17
Juridical day,
what. p.7.
18
Judgement-seat
how to be filled
during the absence
of the Judge-principal.
p.7.
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Tit. III. B. Judges
19
Salary to be paid
by the day and on
the spot. p.9
20
Vacation days Difference between the
p.9 appointed and the clear
salary shall be advanced
quarterly by the Judge.
p.9
21
Declaration of attendance
to entitle a
Judge to receive salary.
p.9.
22
Copy to be hung
up. p.10.
23
Non-attendance
what to be deemed.
p.10
24
Immediate Judges
liable to attend
at all hours. p.10
25
Oath to be taken
by Judges. p.11
26
Clause 1 – de impartiatitate.
p.11
27
2. de publicitate.
p.11</p>
28
3. de secrete. p.11
29
4. de non andiendo
extrajudicialitor. p.12
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Tit. III. B. Judges
30
5 – de non accipiendo.
p.12
31
6 – de non extorquendo.
p.13.
32
7 – de non ambiendo.
p.13.
33
8 – de assiduidade
p13. p.13.
34
9. de celeritate
p.13
35
10 – de patientia.
p.13
36
11. – de parcimonia.
p.14
37
12 – de simptonbus favendis.
14.
38
13 – de obedientia
p.14
39
14 – de vicariorans
detestre. p.15.
40.
Copy to be hung
up.
Punishment
for misbehaviour
in a Judge.
Obligation on
the Prosecutor
Pursuer and
Defender General
to inform
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Tit. III. B. Judges
§
41
Power of appointing
a permanent Deputy
given to every
principal Judge.
p.17.
42
Power and duty
of a Judge-Depute
permanent.
p.17.
43.
His duration in
office. p.17
44
Rank and honour
without emolument.
p.18.
45
Principal responsible
for his Depute.
p.18.
45*
A Depute not to stand
against his principal.
46
Oath to be taken
by Judges-depute
permanent. p.18
47.
Duty of a judge-Depute
permanent
in point of attendance.
p.19.
48
Power to principal
Judges to appoint
occasional Deputes.
p.21
49.
Mark of distinction
to Judges Depute
occasional. p.21
50
Oath to be taken
by a Judge-depute
occasional.
p.21
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Tit. III. B. Judges
51
Power to Judges Depute
occasional permanent of
appointing occasional
deputes. p.51
52
In all judicial business
mention to be
made by and before
what Judge. p.22
53
The same Judge
throughout to the
same cause. p. 22.
54
Power of pronouncing
incapacitation with
regard to the function
of Judge-Depute.
p.22.
§ Of the Place of Judicature
55
Justice Hall. p.23.
56
Judge House contiguous.
p.23
57
Judge Chamber for
secret business. p.23
58
Justice-bell for summoning
the Judge.
p.23
59
Cases for nocturnal
justice to be ascertained
by a Table. p.24.
60
Inscriptions for the
Great Door and the
Great Bell. p.25
61
Table of regulations
concerning demeanour
of suitors &c. p.25.
---page break---
Tit. IV. B. Jurisdiction
§
1
Courts natural
and occasional. p.1
2
A cause belongs
regularly to the
Defendant's natural
Court. p.1.
3
If he has several,
then to the most convenient.
p.1.
4
But may be commenced
in his
occasional Court.
p.1.
5.
A cause concerning
immoveables
may be commenced
in the Court
of the subject-matter,
subject to the
rule of convenience.
p.2.
6
How, of a relative
to specific moveables.
p.2.
7.
A cause relative to
a subject-matter
situated in divers
territories may
be commenced in
any. p.2.
8.
Power of dismissing
a cause to the
Plff's Court.
p.3.
9
Comparative fortunes
to be taken
into the account
of convenience. p.3.
---page break---
Tit. IV. B. Jurisdiction
10
A nearer foreign
Court may be preferred
to a more distant
proper one. p.3
11
Choosing an inconvenient
Court, vexation.
p.3
12
Amongst many
parties, general convenience
the rule.
p.4
13
By consent a distant
foreign Court
may be chosen. p.4
14
Caution against
Collusion. p.4.
15
Causes judged out
of France belong to
the Courts of Appeal.
p.5.
16
Causes not to be shifted
from one Court to another
without leave.
p.5
17
Every Court to assist
every other. p.5.
18
On necessity, warrant
of one Court may be
executed in the territory
of another
without leave. p.6
19
Judge to decline acting
in case of any
cause of partiality, unless
to prevent failure
of Justice – making
declaration of such
cause. p.7
---page break---
Tit. IV. B. Jurisdiction
20
Examples of causes
of partiality. p.8
21
So, in case of any
secret cause of partiality,
without reasons
assigned. p.8
22
Failure of justice –
how in such cases to
be prevented. p.9
23
Judge, when not proper,
not bound to
accept of jurisdiction
to the prejudice of his
proper subject. p.9.
24
Cases which render
a Court a proper
one. p.10.
25
Preliminary businesses
which Judges, even
though where not proper,
are bound to transact.
p.11
26
Complaints of misbehaviour
against a Judge & petitions
for expedition, before
the next Court
of Appeal. p.12
27
Other actions, in
any adjoining
Court – subject to
the rule of convenience.
p.12.
---page break---
Tit. III. B. Judges continued
1
Expence of Judges
Salaries by whom
to be borne. p.1
2
Auction
previous to the Election.
p.1.
3
Undertakings to be
signed by the bidders.
p.2
4
Inventory of estate to
be given in by each
candidate. p.2
5
Also, statement of his
. p.2
6
Candidates' Inventory not to be
opened but on the
event of his being
elected. p.2
7
The above papers
to be published. p.3
8
On non-performance
of the undertaking, the
election to be pronounced
vacant. p.3
Time equivalent allowed.
9
Penalty for false
declarations. p.3
10
Salary to be reduced
in proportion to private
income. p.4
11
Further deductions
in case of accession
of fortune. p.4
12
The contribution
offered may be in
any shape; but shall
not reduce the total
income below the appointed
salary. p.5
13
Judge-Elect to be
cross-examined touching
the truth of his
declarations. p.5
14
Interval for that
purpose between
the breakin opening
the Inventory and the
swearing in. p.6
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benjamin constant |
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