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3 Thouret Tit. II
Tit. II. art. 2.
There shall be in each District a King's Court,
under the appellation of the District Court.
Tit. II. art. 2. Observations of Tit. II. art. 2.
King's Court
Nomenclature 2 Royal Court — objection to the name 1. Why Royal? I have already stated my
reasons against introducing the name of the King
into the business of Justice. But supposing it proper
why is it more or less so in the instance of one
court than in that of another? why more less so in
a Court included jurisdiction than in an including one?
The ground of this distinction was perhaps a sort
of mechanical adherence to that part of the old system
which relates to the distinction between King's Courts
and Lord's Courts: Justice it should seem was there administered
in the latter in the name of the Lord, though the
judgment jurisdiction of the Lord's Judge was always generally
put under subordination to that of some Royal
Court having jurisdiction over a district of wider
extent in which the field of jurisdiction of the Lord's
Court was stood included.
3 Court of Appeal united with a Court of immediate jurisdiction 2. One Court only is here allotted to a district
without any distinction between appellate immediate
jurisdiction, and appellate upon appeals
from the subordinate Courts. That these two different
branches of jurisdiction ought to be vested in
separate hands has been already shown in the notes observe
to Tit art. of my plan.
Identifier: | JB/051/206/003 "JB/" can not be assigned to a declared number type with value 51.
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evidence; procedure code |
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003 |
chap. ii tit. ii committee's draught |
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text sheet |
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recto |
f1 / f2 / f3 / f4 |
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jeremy bentham |
[[watermarks::l munn [britannia with shield emblem]]] |
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benjamin constant |
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16371 |
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