1823 Feb. 16

Judiciary

Reason 2. To the body of the laws taken together due execution and effect can not be given unless in the mode of giving execution and effect to them as between district and district there be a certain uniformity: and for want of such uniformity considerable evil might accrue to the whole, though such an evil as in the eyes of a majority of the persons wishing to give their suffrages on this occasion for the displacing of the Judge would not be sufficiently sensible.

A Judge, before he has been displaced by the act of the Minister of Justice should have the power of obtaining a hearing [...? ...? ...?] of the public

Antecedently to every instance of such / the exercise of the power of/ displacement timely notice of his eventual intention should be given to the Judge, and a day appointed at which in the face of the Judge, and of the assembled public the Minister shall alledge his reasons, giving to the Judge at the same time the faculty of assigning whatsoever reasons he may be disposed to assign against his being so dealt with: or on this occasion the Minister may committ the task of assigning these reasons to any other person at pleasure, he sitting in the seat and character of a Judge, hearing the reasons on both sides and determining accordingly

For avoidance of such scrutiny, a Judge to whom any such notice has been delivered or who is under apprehension of receiving any such notice will have the faculty of hiding his resignation: in which case his resignation may be received, or refused: in case of refusal thereupon shall come the notice to appear and defend himself against a positive displacement, as above