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IV or III
Ch. XII Judicary
S.
Information or Rationale
Intercommunity of jurisdiction — Instruction — Rationale
19
From intercommunity
of Judicatories jurisdiction no
confusion to be feared
From the unusuality in this case no apprehension
need be entertained nor inference should in any occasion arise
By of exercise practice will in any case be detriment
In the English system within the of England such intercommunity has place throughout
for the whole of England extends the authority of the
four Westminster Hall Court judicature filled by
the highest professional Judges — to wit the Chancery, the Exchequer
the King's Bench and the Common Pleas
20
Circuitous proceeding
in Equity requisitioning
True it is the Chancery who applied to in an certain by an address
in a certain form that of an Injunction stopt if it pleases
at any every thing. Short of executors the proceedings of the three Common
Law judicatures to wit the Kings Bench the Common , and the
Common Law side of the Exchequer: so between does the Equity and
of the Court of Exchequer (that is to say) four Judges of the
Court of Exchequer when if applied to in and by an address in the
form stop them and set at nought proceeding, of the to wit as had been
in the Common Law mode. (Seeing these exceptions the) With this
intercommunity may without an exception with be dull
as
True it is that in under the same technical system the division of
the field of jurisdiction is made upon the logical plan; not
upon the topological topographical: one n and the same portion mass extent of Writers
can have the cognizance of an species of suits, another of another.
But of the topographical plan scheme the divisions are as plain clear
are indisputable as under the logical plan are cloudy unexposed
to dispute: they will therefore in the case therefore they will
be still more assuredly exempt from all confusion in practice.
Identifier: | JB/057/136/001 "JB/" can not be assigned to a declared number type with value 57.
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1824-03-04 |
19-20 |
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057 |
constitutional code |
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136 |
constitutional code |
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001 |
intercommunity of judicature - instructions or rationale |
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text sheet |
1 |
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jeremy bentham |
j whatman turkey mill 1824 |
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admiral pavel chichagov |
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1824 |
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18466 |
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