★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
CERTAINTY. LOCUS - JURISDICTION.
It seems by the course of the determination <add>That tho'</add> The remedy by Action extends to injuries done all over the world, that by Information is
confined within [the limits of] the Jurisdiction in which the process of that Court, where the Information is this prosecution is constituted
will run. v. Str. Rep.
This being the case, one of three things must necessarily be true — Either 1st That
the Jurisdiction of the Court King's Bench in matters of Informations is in this respect too
narrow, or 2d. That the Jurisdiction of that & the other Courts in Actions is too am ample
or 3dly That the mode of remedy by Informations is in these instances superfluous.
As I never heard cannot find that the truth of the second proposition is any where maintained
see the least reason foundation upon which it can be, nor can see any reason any more than I can find any for the 3d which
does not strike with equal force against Informations this mode of Jurisdiction in every insta instance
the truth of the first seems to me to be established.
---page break---
Every offence must be committed-
by some person, on some subject-matter
against some person or persons, in some
time & at some place. from some motive - for some one - sometimes with some assistance
Jurisdiction respects {Place
{Subject-matter
{Person
Person of {the Offender
{The offended.
Place of the {Offender committed
{Offender
When the Place is within the Jurisdiction
the Person may be either
subject to it or not
Everyone is subject to it- in this case but - 1st
the Sovereign - 2d The Representatives
of the Sovereigns & their attendants
When the Place is without the
Jurisdiction, the person may be so
disposed as that either, 1st the
Offender was subject to it per se and the
Offended not 2. the Offended subject
to it & the offender not - 3dly both
of them subject - 4th neither.
And the subjection may respect
either the time either 1st of the
Offence done or 2dly of Remedy
applied for.
The Subject matter is either {Moveable
{Immovable Land &c
Identifier: | JB/050/039/001 "JB/" can not be assigned to a declared number type with value 50.
|
|||
---|---|---|---|
050 |
procedure code |
||
039 |
certainty locus - jurisdictional |
||
001 |
|||
text sheet |
1 |
||
recto |
|||
jeremy bentham |
[[watermarks::gr [crown motif] [partial britannia with shield motif]]] |
||
16030 |
|||