★ Find a new page to transcribe in our list of Untranscribed Manuscripts
No edit summary |
No edit summary |
||
| Line 43: | Line 43: | ||
choice, in which better justice or more favour might be expected.</p> | choice, in which better justice or more favour might be expected.</p> | ||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1825 Nov. 23
Constitutional CodeCh. XIX. Judge Deputes permanent
§. 3. Relation to Principal
(1)
Instructions
Observations or Instructions as to Art. 12
Now comes an abuse to be guarded against.
By forbearing to assign suits and thereby to give employment to
the Judge Depute in question, the Judge principal will of
course have it in his power so long as he continues
in that same judicatory (that is to say for three years) to return in any degree or
even to stop altogether the continuance of a Judge Depute
permanent's service year; and thence, in a corresponding
degree, if his service time has not been fulfilled, his capacity
of being located as in the situation of Judge principal.
From this state of things results unavoidably no small
share of arbitrary power exercisable by the Judge principal
over a Judge Depute; whether located by his same principal, himself
or by a predecessor on the other. But this danger, whatsoever
it may be, seems inseparable from the nature of
the case. The remedy would be worse than the disease, the
interest of the public would be sacrificed to the interest of the
individual, if, for the purpose of excluding this arbitrary power
the Judge principal were laid under the obligation of putting giving
to a Judge Depute permanent whose aptitu inaptitude
absolute or comparative had been manifested by experience,
as much employment as to another whose superior aptitude
had in like manner been made manifest. For remedies
To a Judge Depute permanent who regarded himself as unjustly
dealt with in this respect two remedies will be afforded
by the nature of the case:
1 One is the waiting patiently till by
the course of the migration system another Judge principal has
passed into that same judicature a remedy the application of which
though it might be for not have place for three years might have place in as many
many days:
2. The other
is, removing himself for
this purpose into some
other judicatory at his
choice, in which better justice or more favour might be expected.
