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<p>1824. Feb.27</p> | |||
<head>Constitutional Code.</head> | |||
<note>Ch XI Judiciary collectively<lb/> | |||
Checks<lb/></note> | |||
<p>III. Concomitant <add>Checks</add> applying to connection.</p> | |||
<note>Fresh page<lb/> | |||
III. Concomitant<lb/> | |||
Art 3<lb/> | |||
Art.3. Concomitant<lb/> | |||
securities against seductive<lb/> | |||
connection<lb/> | |||
1. Judges migration<lb/> | |||
after defection four years<lb/> | |||
2. Think, on wanting<lb/> | |||
prospect of an important <lb/> | |||
successor<lb/> | |||
3 Connection with Pursuer<lb/> | |||
<add>and defender</add> General obviated by<lb/> | |||
non-coincidence of migration<lb/> | |||
in time and<lb/> | |||
place<lb/> | |||
25.4. Judges family<lb/> | |||
connection exhibited<lb/> | |||
26. Power to section to examination Judge as to his connection.|<lb/> | |||
2<del>6</del>7.5. Depute <gap/><lb/> | |||
through <unclear>conneted</unclear> obviated<lb/> | |||
by transferribility of the<lb/> | |||
suit from Depute to<lb/> | |||
principal</note><lb/> | |||
<p>Art.3. <unclear>Concomitant</unclear> checks, <del>applying</del> <add>operating <del><gap/></del></add> not more particular<lb/> | |||
manner as securities against <add>seduction by</add> <del>securities and corruption</del><lb/> | |||
<add><del>situation and</del></add> connections dangerous to <del>probity</del> normal aptitude,<lb/> | |||
are as follows.</p> | |||
<p>XXII <del>25</del>.1 Provisions concerning migration: interdicting <lb/> | |||
the continuance of a Judge in any <del>one</del> Sub-District for so<lb/> | |||
long a term as four years. See above §.</p> | |||
<p>XX.IV <del>26</del>.3. In pursuance of the same principle, provisions<lb/> | |||
for obviating <add>the danger of</add> <del>any ill effect from <gap/> <gap/> <gap/></del><lb/> | |||
<del>corrupt</del> <add>undue</add> connection between the Judge on the one part and <lb/> | |||
the Pursuer and Defender General on the other: by <add>namely</add> preventing<lb/> | |||
those <del><gap/> <gap/> <gap/></del> the times and places of <del>the</del> migration<lb/> | |||
in their cases respectively, from coinciding with those<lb/> | |||
<add><del>in the case</del></add> <del>of the Judge | |||
</del> . in his case. See Ch. XVII.§ and Ch. XVIII.§.</p> | |||
<p>(1)</p> | |||
<p>XXIII <del>25</del>.2 In case of suspicion of <add>adverse</add> partiality, faculty<lb/> | |||
thereby afforded, to a person having demand for Judicial service<lb/> | |||
to <unclear>substute</unclear> to the supposed adverse <gap/> presumably impartial<lb/> | |||
because unknown Judge, on condition of waiting for <lb/> | |||
the migration time of the <add>supposed adverse</add> <del>suspected</del> Judge. See above §.</p> | |||
<p>XXV. <del>26</del>.4. Provision for the <add>constantly </add> public exhibition of the<lb/> | |||
State of the Judges family connection, in the eyes of all<lb/> | |||
whose business brings them to the Judicators. See above §.</p> | |||
<p>XXVI <del>27</del>.5. Superadded to <add>more</add> liberty, <add><del>given</del></add> <del><gap/>tution</del> to all <del>perso</del><lb/> | |||
<add><del>persons</del></add> suitors apprehending injury from sinister connection on the<lb/> | |||
<add>part of <del>the</del></add> the Judge, invitation to them, to put <del>questions</del> to him, <add>in open Judicatory</add><lb/> | |||
<add>operations</add> having for their object the bringing any such connection to<lb/> | |||
<del>light</del> view. See <del>above</del> Ch.§</p> | |||
<p>XXVII <del>28</del>.6. Provisions having for their object the preventing<lb/> | |||
the <add>principaly <del>making use of his</del> Deputy</add> Judge from <del>giving effect to undue favour</del> or<lb/> | |||
<del>disfavour as above effecting</del> <unclear>in</unclear> accomplishing <del>the like</del> <add>any such</add> sinister<lb/> | |||
<del>purpose</del><add>objects</add> by the hands of his Deputes. By the removal<lb/> | |||
of the suit from the cognizance of a Depute to that of the principal,<lb/> | |||
the suspicion and responsibility <del>would</del><add>may</add> be <del>transferred to its</del><add>applied to its most</add> proper object. See above § and<lb/> | |||
Ch. XIII. §.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} |
1824. Feb.27
Constitutional Code.
Ch XI Judiciary collectively
Checks
III. Concomitant Checks applying to connection.
Fresh page
III. Concomitant
Art 3
Art.3. Concomitant
securities against seductive
connection
1. Judges migration
after defection four years
2. Think, on wanting
prospect of an important
successor
3 Connection with Pursuer
and defender General obviated by
non-coincidence of migration
in time and
place
25.4. Judges family
connection exhibited
26. Power to section to examination Judge as to his connection.|
267.5. Depute
through conneted obviated
by transferribility of the
suit from Depute to
principal
Art.3. Concomitant checks, applying operating not more particular
manner as securities against seduction by securities and corruption
situation and connections dangerous to probity normal aptitude,
are as follows.
XXII 25.1 Provisions concerning migration: interdicting
the continuance of a Judge in any one Sub-District for so
long a term as four years. See above §.
XX.IV 26.3. In pursuance of the same principle, provisions
for obviating the danger of any ill effect from
corrupt undue connection between the Judge on the one part and
the Pursuer and Defender General on the other: by namely preventing
those the times and places of the migration
in their cases respectively, from coinciding with those
in the case of the Judge
. in his case. See Ch. XVII.§ and Ch. XVIII.§.
(1)
XXIII 25.2 In case of suspicion of adverse partiality, faculty
thereby afforded, to a person having demand for Judicial service
to substute to the supposed adverse presumably impartial
because unknown Judge, on condition of waiting for
the migration time of the supposed adverse suspected Judge. See above §.
XXV. 26.4. Provision for the constantly public exhibition of the
State of the Judges family connection, in the eyes of all
whose business brings them to the Judicators. See above §.
XXVI 27.5. Superadded to more liberty, given tution to all perso
persons suitors apprehending injury from sinister connection on the
part of the the Judge, invitation to them, to put questions to him, in open Judicatory
operations having for their object the bringing any such connection to
light view. See above Ch.§
XXVII 28.6. Provisions having for their object the preventing
the principaly making use of his Deputy Judge from giving effect to undue favour or
disfavour as above effecting in accomplishing the like any such sinister
purposeobjects by the hands of his Deputes. By the removal
of the suit from the cognizance of a Depute to that of the principal,
the suspicion and responsibility wouldmay be transferred to itsapplied to its most proper object. See above § and
Ch. XIII. §.
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