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1825. Feby.
Procedure Code
9,lb/>Ch. General Rules
9 §.4. Substitutes to inflexible Rules
§.4. Remedies rendering inflexible rules needless. 1. Obligation to rationalize.
2. Judges and Law emendative function as per Const. Code Ch. XII Judiciary
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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
in is this, from which in case of necessity the Judge may
not depend. But, as often as he then departs the
authorities, the Public Tribunal included, will be
looking to him for the <add>reason or reasons the specific reason or reasons<lb/.by the contemplation of which departure state law shall be
produced: and as often as without the assignment of any
specific reason he will be considered as having violated his
official duty
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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
the rule: and with a proof that by the aberration no
great evil of any shape has been produced, or none what
has been outweighed by greed
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Judges allowed to
add exceptions to rules,
but appropriate
reasons required</note>
Art. So Then in regard to exception. As in any
instance where a rule is laid , 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 hold an exception: but for every such exception an
appropriate and sufficient reason will be looked for at
his hands.
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