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<head>1824. April <del><gap/></del>8. +<lb/> | |||
Constitutional Code Cop<hi rend="superscript">d</hi></head> | |||
<note>ult<hi rend="superscript">o</hi><lb/> | |||
Ch. XI. Judiciary collectively<lb/> | |||
§. Partiality obviated</note> | |||
<p>2</p> | |||
<p>Art. 4. If, by exposure to <add>the action of</add> seductive interest in any shape<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 <del>suspected</del><lb/> | |||
regarded as liable to have place in the <del>breast</del> <add>situation</add> of the Judge,<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</del> all <del>such</del> <add>apt</add> questions, by which the existence or non-<lb/> | |||
existence of such <del><gap/> partiality</del> <add>exposure</add> may be established <del><add><gap/></add></del>.</p> | |||
<p>Art. 5. On this <del>case</del> <add>occasion</add>, the Judge removes from<lb/> | |||
the Judgment seat to the <del>state</del> seat appointed for<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/> | |||
<del>single purpose of deter</del> deciding <del>whether</del> as to the existence<lb/> | |||
or non-existence of <del><gap/><gap/> of partiality <gap/><gap/></del> <add>the exposure</add> <unclear>in</unclear><!-- deleted? --><lb/> | |||
<del>the breast <add>situation</add> of the Judge <add>as above</add> they <gap/><gap/> a judicatory</del><lb/> | |||
the <del><gap/></del> Pursuer General, the Defender General, <del>or the</del><lb/> | |||
and the Registrar, place themselves on the Judgement<lb/> | |||
seat and constitute a Judicatory, <del>the</del> <add>a</add> majority determining<lb/> | |||
the decrees.</p> | |||
<p>Art. 6. If the decision be in <del>the affirmative</del> <add>affirmance of the exposure,</add><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, <del>to</del> as per Art. 1.: unless<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 <del>shall</del> <add>may</add> remain in the cognizance of the Judge<lb/> | |||
notwithstanding.</p> | |||
<p><!-- This para is deleted -->Art. 7. <del>To whatever Judge</del> Whosoever be the Judge<lb/> | |||
<del><gap/> <gap/> <gap/></del> for this special purpose so located, <del><gap/></del><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> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
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 or 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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j whatman turkey mill 1824 |
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