JB/042/287/001

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1831 July 10
Constitutional Code ++

Ch. XII. Judiciary collectively
§.6. Fields of service
or
§.7. Intercommunity of jurisdiction

10

But, for the determining to which judicatory for the purpose of all
suits taken together, jurisdiction, over in the most ordinary case, over all persons
and things situate situate within the territory of that same judicatory appertains,
— the practical need, use and reason is this: — When If if
operated upon by at the instance of sets of the parties more than one, the same person, or the
same thing, can not always be operated upon with the same advantage
to both sets. In the character of an evidence-holder
for example, the same person can not be examined in the Justice Chambers
of two different judicatories at the same time hour; nor even
in one and the same Justice Chamber in the same minute: one and
the same thing, moveable or immoveable, can not or one and the same
mass of money, can not be disposed of at the same moment of time, with equal advantage to the
the set of suitors in one suit, and the to a different set of
suitors who are such in a different suit: hence, in these cases
of conflicting interests will come the need of enactment, or in
Articles of law, enactive or instructional, or both, — for determining to the party who is in
which set of suitors [+]
[+] (that is to say: those
parties respectively which,
in each such suit, have
right on their side)
the advantage shall be given.

As to persons, if, in any Judicatory the person in question has
a fixt residence a fixt place of residence, not having any fixt residence such place
in the territory Judge-shire of any other Judicatory, — to the power power of the Judge
of that same Judicatory will this same same power remain subject be subjected in in
a state of subjection, on and for all ordinary occasions: and (for example) for the purpose
of a suit, on the occasion occasion of which, the Judge of that same territory Judge-shire
has been the originating Judge. But, for the purpose of some suit, which
is in pending in the territory Justice Chamber of some other Judicatory, it may be
necessary that this same person should be examined, and desirable,
were it possible, that he should be examined at this same moment
of time: here then is an occasion on which, and a purpose for
which, it may be necessary to distinguish the two different Judicatories, by
correspondently different denominations: the one being the original or
say originating, or say original judicatory, and as such having ordinary
jurisdiction
jurisdiction over the person
in question; the other, extraordinary
and casual jurisdiction: the one having jurisdiction
over him in ordinarily
instituted some suits; the other, in
extraneously in the respect extraneously-instituted suits.

Identifier: | JB/042/287/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1831-07-10	Marginal Summary Numbering
Box	042	Main Headings	constitutional code
Folio number	287	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c4 / e10
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	13210
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