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<head>1825. <sic>Feb<hi rend="superscript">y.</hi></sic><lb/>Procedure Code</head> <!-- page numbers in pencil --> <p>9<lb/><note><sic>Ch.</sic> General Rules</note><lb/>9 <note>§.4. Substitutes to inflexible Rules</note></p> <p>§.4. Remedies rendering inflexible rules needless. 1. Obligation to rationalize.<lb/>2. <del><gap/></del> Judges <unclear>sistitive</unclear> and Law <sic>emendative</sic> function as per <!-- continues in margin --><sic>Const.</sic> Code <sic>Ch.</sic> XII Judiciary</p> <p><note>27<lb/>In proposed Codes<lb/>rules inflexible none</note></p> <p><sic>Art.</sic> Of the several rules laid down in the Code<lb/>there is not one that is mean to be regarded as inflexible <del><gap/></del> <add>Nor</add><lb/>one is there, from which in case of necessity the Judge may<lb/>not depart. But, as often as he then departs the competent<lb/>authorities, the Public <gap/> Tribunal included, will be<lb/>looking to him for the <add>reason or</add> reasons the specific reason or reasons<lb/>by the contemplation of which such departure shall law be<lb/>produced: and as often as without the assignment of any<lb/>specific reason he will be considered as having violated his<lb/>official duty</p> <p><note>28<lb/>Alterations allowed<lb/>where preponderant<lb/>good the result</note></p> <p>Since such reason will result in an indication<lb/>of the evil that <add>which in the individual case in question</add> would result from compliance with the<lb/>rule: and with a proof that by the aberration <gap/> no<lb/>great evil in any shape has been produced, or none has what<lb/>has been outweighed by concomitant good</p> <p><note>29<lb/>Judges allowed to<lb/>add exceptions to rules,<lb/>but appropriate<lb/>reasons required</note></p> <p><sic>Art.</sic> So <add>Then</add> in regard to exceptions. As in any<lb/>instance where a rule is laid <del><gap/></del> <add>down, in the terms of it</add> reservation is made<lb/>of exception and a string of exceptions is thereupon subjoined.<lb/>In every instance to every such rule the Judge is at liberty<lb/>to add an exception: but for every such exception an<lb/>appropriate and sufficient reason will be looked for at<lb/>his hands.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
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.
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