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1825. Jany. April 18 1831 July 4. B M
Constitutional Code.
III
Ch. Judiciary collectively
§.4. Fields of service
§.6.
§.7.
of Local field & Rationale
§.7. Intercommunity of Service
5
Rationale
16
Judicatory field omni-
comprehensive. Reasons
territory Reasons
16
Such intercommunity why?
Answer. No one judicatory of
which the judge in
giving effect to a just
demand may not find
it necessary to give
effect to it in the
territory of any
other judicatory.
Ratiocinative
Art. 16. This intercommunity why instituted?
Ratiocinative
Art. 11. Question Why with respect to territory under the
and render the field of action Why establish this intercommunity of
field of action of each Judicatory all-comprehensive render
the local field of action thus all-comprehensive?
Answer. — Reason
1. Because the in the whole territory of the State, there exists
not any spot, in on which, for giving effect to a just
person
demand and giving in that respect execution and effect to the correspondent portion of law, it may not be
necessary for the judicatory applied to, whatever it be, to
exercise its authority within the territory of any and
every other judicatory: and this — whatsoever may be his the relation
of the individual to the suit, whether pursuer, defendant, witness
witness, or the proxy or assistant of a pursuer or a defendant.
2. Because, the reason circumstance which under the in most or
all countries have as yet produced a demand for the
itation of judicial the field of action, local as well as
logical, as between Judiciary and Judiciary, have have not under
the present constitution no any place. In this instance, the
of the Judge rise or fall as his field, if
action were extended or — as jurisdiction was
in proportion to the extent of it directly or indirectly, a source more or
less of to the Judge: not so under the present
system it is not.
3. In case of doubt as to competence as between
Judicatory and Judicatory, there are in the first place, the
corresponding Appellate Judicatories, if in the next place, there is above
all the several Appellate Judicatories, the Justice Minister:
authorities to no one of which in this or any other particular can profit in
any shape be produced by injustice.
☞ Here introduce or refer to the bulk of the English
King's Bench
with the non inexpressiveness and of their respective denominations.
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