Criminal Code (Cap. 9), article 446

446. (1) Any objection to the judge shall be raised, and the decision of the court shall be given thereon, before the readin g out of the indictment, when the accus ed has been placed at the bar, on the day appointed for the hearin g of the preliminary pleas, or, if no such pleas have been raised, on the day appointed for the trial . Grounds of objection to or of abstention by judge. Cap. 12. (2) The judge may not be objected to by the Attorney General or by the accused, nor may he abstain from sitting in any case, except for any of the causes referred to in article 734 of the Code of Organization and Civil Procedure , or on the ground that the offence was committed against himself, his spouse, or any person relate d to him by consanguinity or affinity in any of the degrees referred to in paragraphs (a) and (b) of the said article. Form of declaration of abstention. (3) The judge who, previously to the reading out of the indictment, is aware of the existence in his respect of any of the causes for which he might be objected to or might abstain from sitting, shall make a declaration of his abstention stating the cause. Declaration may be made in writing before day of hearing, (4) The said declaration may be made in writing previously to the day appointed for the hearing of the cause, in which case n otice thereof shall be given to the At torney General and to the accus ed, and the abstention shall be deemed to be by them accepted, if, within two days from the said notice, neither of them shall mak e a declaration, by means of a note, to the effect that he intends to oppose the same. or orally on day of hearing. (5) The said declaration may also be made orally on the day of the hearing, in which case any objection thereto shall be raise d immediately after such declaration. Issue to be decided before the reading out of indictment. (6) Upon any challenge, or objection to abstention, as aforesaid the court shall decide the issue previously to the reading out of the indictment. No challenge or abstention may be allowed after the reading out of indictment. (7) After the reading out of the indictment, the judge may not be challenged, nor may he abstain from sitting, except where th e cause for objection or abstention becomes known after the readi ng of the said indictment. Power of judge notwithstanding challenge or abstention. (8) The judge, notwithstanding the existence in his respect of any cause for objection, or notwithstanding his abstention, sha ll nevertheless be competent, like the judge surrogated in his ste ad, to issue and sign any summons or w rit, and to give any decree or o rder which may be required, previously to the reading out of the indictment, or after judgment is delivered. 296 CAP . 9.] CRIMINAL CODE Surrogation in the person of a judge. Amended by: IV .1856.36; XIII.1964.26; L.N. 46 of 1965; LVIII.1974.68; XXVII.1975.40.