JB/052/229/001

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1825. Feby.
Procedure Code

9
Ch. General Rules
9 §.4. Substitutes to inflexible Rules

§.4. Remedies rendering inflexible rules needless. 1. Obligation to rationalize.
2. Judges sistitive and Law emendative function as per Const. Code Ch. XII Judiciary

27
In proposed Codes
rules inflexible none

Art. Of the several rules laid down in the Code
there is not one that is mean to be regarded as inflexible Nor
one is there, from which in case of necessity the Judge may
not depart. But, as often as he then departs the competent
authorities, the Public Tribunal included, will be
looking to him for the reason or reasons the specific reason or reasons
by the contemplation of which such departure shall law be
produced: and as often as without the assignment of any
specific reason he will be considered as having violated his
official duty

28
Alterations allowed
where preponderant
good the result

Since such reason will result in an indication
of the evil that which in the individual case in question would result from compliance with the
rule: and with a proof that by the aberration no
great evil in any shape has been produced, or none has what
has been outweighed by concomitant good

29
Judges allowed to
add exceptions to rules,
but appropriate
reasons required

Art. So Then in regard to exceptions. As in any
instance where a rule is laid down, in the terms of it reservation is made
of exception and a string of exceptions is thereupon subjoined.
In every instance to every such rule the Judge is at liberty
to add an exception: but for every such exception an
appropriate and sufficient reason will be looked for at
his hands.

Identifier: | JB/052/229/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1825-02	Marginal Summary Numbering	27-29
Box	052	Main Headings	procedure code
Folio number	229	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d9 / e9
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	16902
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