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<head>1824. April <gap/>8. +<lb/> | <head>1824. April <del><gap/></del>8. +<lb/> | ||
Constitutional Code | Constitutional Code Cop<hi rend="superscript">d</hi></head> | ||
<note> | <note>ult<hi rend="superscript">o</hi><lb/> | ||
Ch. XI. Judiciary collectively<lb/> | Ch. XI. Judiciary collectively<lb/> | ||
§. Partiality obviated</note> | §. Partiality obviated</note> | ||
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<p>2</p> | <p>2</p> | ||
<p>Art. 4. If, by exposure to the action of seductive interest in any shape<lb/> | <p>Art. 4. If, by exposure to <add>the action of</add> seductive interest in any shape<lb/> | ||
self-regarding, sympathetic or antipathetic as <gap/> above,<lb/> | <del>self-regarding, sympathetic or antipathetic</del> as <del><gap/></del> above,<lb/> | ||
partiality is, by a party on either side of the suit suspected<lb/> | partiality is, by a party on either side of the suit <del>suspected</del><lb/> | ||
regarded as liable to have place in the breast situation of the Judge,<lb/> | regarded as liable to have place in the <del>breast</del> <add>situation</add> of the Judge,<lb/> | ||
to such party, as also to all other parties belongs the power of putting to the Judge questions to him him<lb/> | to such party, <add>as also to all other parties</add> belongs the power of putting <add>to the Judge</add> <del>questions to him <add>him</add><lb/> | ||
Judge all such apt questions, by which the existence of non-<lb/> | Judge</del> all <del>such</del> <add>apt</add> questions, by which the existence of non-<lb/> | ||
existence of such <gap/> partiality exposure may be established <gap/>.</p> | existence of such <del><gap/> partiality</del> <add>exposure</add> may be established <del><add><gap/></add></del>.</p> | ||
<p>Art. 5. On this case occasion, the Judge removes from<lb/> | <p>Art. 5. On this <del>case</del> <add>occasion</add>, the Judge removes from<lb/> | ||
the Judgment seat to the state seat appointed for<lb/> | the Judgment seat to the <del>state</del> seat appointed for<lb/> | ||
that side, in favor of which his partiality on his part is regarded<lb/> | that side, in favor of which <del>his</del> partiality <del><add>on his part</add></del> is regarded<lb/> | ||
as liable to have place: and, at the same time, for the<lb/> | as liable to have place: and, at the same time, for the<lb/> | ||
single purpose of < | <del>single purpose of deter</del> deciding <del>whether</del> as to the existence<lb/> | ||
or non-existence of <gap/><gap/> of partiality <gap/><gap/> the exposure in<lb/> | or non-existence of <del><gap/><gap/> of partiality <gap/><gap/></del> <add>the exposure</add> in<lb/> | ||
the breast situation of the Judge as above they <gap/><gap/> a judicatory<lb/> | <del>the breast <add>situation</add> of the Judge <add>as above</add> they <gap/><gap/> a judicatory</del><lb/> | ||
the <gap/> Pursuer General, the Defender General, or the<lb/> | the <del><gap/></del> Pursuer General, the Defender General, <del>or the</del><lb/> | ||
and the Registrar, place themselves on the Judgement<lb/> | and the Registrar, place themselves on the Judgement<lb/> | ||
seat and constitute a Judicatory, the a majority determining<lb/> | seat and constitute a Judicatory, <del>the</del> <add>a</add> majority determining<lb/> | ||
the decrees.</p> | the decrees.</p> | ||
<p>Art. 6. If the decision be in the affirmative affirmance of the exposure,<lb/> | <p>Art. 6. If the decision be in <del>the affirmative</del> <add>affirmance of the exposure,</add><lb/> | ||
the Judicatory proceeds to the choice of some other Judge locates some other person<lb/> | the Judicatory <del>proceeds to the choice of some other Judge</del> <add>locates some other person</add><lb/> | ||
for the cognizance of the suit, to as per Art. 1.: unless<lb/> | for the cognizance of the suit, <del>to</del> as per Art. 1.: unless<lb/> | ||
all parties agree in the respect, concurr in a petition that <gap/> the <gap/><lb/> | all parties <del>agree in the respect,</del> <add><sic>concurr</sic> in a petition</add> that <del><gap/></del> the <del><gap/></del><lb/> | ||
suit shall may remain in the cognizance of the Judge<lb/> | suit <del>shall</del> <add>may</add> remain in the cognizance of the Judge<lb/> | ||
notwithstanding.</p> | notwithstanding.</p> | ||
<p><!-- This para is deleted -->Art. 7. To whatever Judge Whosoever be the Judge<lb/> | <p><!-- This para is deleted -->Art. 7. <del>To whatever Judge</del> Whosoever be the Judge<lb/> | ||
<gap/> <gap/> <gap/> for this special purpose so located, <gap/><lb/> | <del><gap/> <gap/> <gap/></del> for this special purpose so located, <del><gap/></del><lb/> | ||
the like question as per Art. 3 may shall to him also be put, and<lb/> | the like question as per Art. 3 may <del>shall</del> <add>to him also</add> be put, and<lb/> | ||
the same course will be taken as per Art. 4 and 5.</p> | the same course will be taken as per Art. 4 and 5.</p> | ||
1824. April 8. +
Constitutional Code Copd
ulto
Ch. XI. Judiciary collectively
§. Partiality obviated
2
Art. 4. If, by exposure to the action of seductive interest in any shape
self-regarding, sympathetic or antipathetic as above,
partiality is, by a party on either side of the suit suspected
regarded as liable to have place in the breast situation of the Judge,
to such party, as also to all other parties belongs the power of putting to the Judge questions to him him
Judge all such apt questions, by which the existence of non-
existence of such partiality exposure may be established .
Art. 5. On this case occasion, the Judge removes from
the Judgment seat to the state seat appointed for
that side, in favor of which his partiality on his part is regarded
as liable to have place: and, at the same time, for the
single purpose of deter deciding whether as to the existence
or non-existence of of partiality the exposure in
the breast situation of the Judge as above they a judicatory
the Pursuer General, the Defender General, or the
and the Registrar, place themselves on the Judgement
seat and constitute a Judicatory, the a majority determining
the decrees.
Art. 6. If the decision be in the affirmative affirmance of the exposure,
the Judicatory proceeds to the choice of some other Judge locates some other person
for the cognizance of the suit, to as per Art. 1.: unless
all parties agree in the respect, concurr in a petition that the
suit shall may remain in the cognizance of the Judge
notwithstanding.
Art. 7. To whatever Judge Whosoever be the Judge
for this special purpose so located,
the like question as per Art. 3 may shall to him also be put, and
the same course will be taken as per Art. 4 and 5.
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jeremy bentham |
j whatman turkey mill 1824 |
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admiral pavel chichagov |
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