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1831 July 10
<head>1831 July 10<lb/>
Constitutional Code ++
Constitutional Code ++</head>


Ch. XII. Judiciary collectively
<note>Ch. XII. Judiciary collectively<lb/>
&sect;.6. Fields of service
&sect;.6. Fields of service<lb/>
or
or<lb/>
&sect;.7. Intercommunity of jurisdiction
&sect;.7. Intercommunity of jurisdiction</note>


10
<p>10</p>


But, for the <gap/> determining to what judicatory for the purpose of all
<p>But, for the <del><gap/></del> <add>determining</add> to what judicatory for the purpose of all<lb/>
suits taken together, jurisdiction, over in the most ordinary case, over all persons
suits <add>taken together,</add> jurisdiction, <del>over</del> in the most ordinary case, over all persons<lb/>
and things situate situate within the territory of that same judicatory appertains,
and things <del>situate</del> <add>situate</add> within the territory of that same judicatory appertains,<lb/>
&#x2014; the practical need, use and <gap/> reason is this: &#x2014; When If if
<add>&#x2014;</add> the practical need, use and <del><gap/></del> <add>reason</add> is this: &#x2014; <del>When <add>If</add></del> if<lb/>
operated upon by at the instance of sets of the parties more than one, the same person, or the
operated upon <del>by</del> <add>at the instance of</add> sets of the parties more than one, the same person, or the<lb/>
same thing, can not always be operated upon with the same advantage
same thing, can not always be operated upon with the same advantage<lb/>
to both sets. <gap/> <gap/> In the chamber of an evidence-holder
to <hi rend="underline">both</hi> sets. <del><gap/> <gap/></del> In the character of an <hi rend="underline">evidence-holder</hi><lb/>
for example, the same person can not be examined in the Justice Chamber
for example, the same person can not be examined in the Justice Chambers<lb/>
of two different judicatories at the same time hour; nor even
of two different judicatories at the same <del>time</del> hour; nor even<lb/>
in one and the same Justice Chamber in the same minute: one and
in one and the same Justice Chamber in the same minute: one and<lb/>
the same thing, moveable or immoveable, can not or one and the same
the same <hi rend="underline">thing</hi>, moveable or immoveable, <del>can not</del> or one and the same<lb/>
mass of money, can not be disposed of at the same moment of time, with equal advantage to the
mass of <hi rend="underline">money</hi>, can not be disposed of <add>at the same moment of time,</add> with equal advantage to <del>the<lb/>
<gap/> the set of suitors in one suit, and the to a different set of
<gap/></del> the set of suitors in <hi rend="underline">one</hi> suit, and <del>the</del> to a different set of<lb/>
suitors who are suitors in a different suit: hence, in these cases
suitors who are such in a <hi rend="underline">different</hi> suit: hence, in these cases<lb/>
of conflicting interests <gap/> will <gap/> come the need of enactment, or in
of conflicting interests <del><gap/></del> will <del><gap/></del> <add>come</add> the need of <del>enactment, or in</del><lb/>
Articles of law, enactive or instructional, or both, &#x2014; for determining to the party who is in
Articles <add>of law,</add> <hi rend="underline">enactive</hi> or <hi rend="underline">instructional</hi>, <add>or both, &#x2014;</add> for determining <del>to the party who is in</del><lb/>
which set of suitors [+] the advantage shall be given.
which set of suitors <hi rend="superscript">[+]</hi><lb/>
<note>[+] (that is to say: those<lb/>
parties respectively which,<lb/>
in each such <del><gap/></del> <add>suit,</add> have<lb/>
right on their side)</note><lb/>
the advantage shall be given.</p>


[+] (that is to say: those
<p>As to <hi rend="underline">persons</hi>, if, in any Judicatory the person in question has<lb/>
parties respectively which,
<del>a <sic>fixt</sic> residence</del> a fixt place of residence, not having any <del><sic>fixt</sic> residence</del> <add>such place</add><lb/>
in each such <gap/> suit, have
in the <del>territory</del> <add>Judge-shire</add> of any other Judicatory, &#x2014; to the <del>power</del> <add>power</add> of the Judge<lb/>
right on their side)
of that same Judicatory will this <del>same</del> <add>same</add> power <del><add>remain subject</add></del> be <del>subjected in</del> in<lb/>
 
<add>a state of subjection, on</add> and for all <hi rend="underline">ordinary</hi> occasions: and (for example) for the purpose<lb/>
As to persons, if, in any Judicatory the person in question has
of a suit, on the <del>occasion</del> <add>occasion</add> of which, the Judge of that same <del>territory</del> <add>Judge-shire</add><lb/>
a fixt residence a fixt place of residence, not having any fixt residence such place
has been the <hi rend="underline">originating</hi> Judge. But, for the purpose of some suit, which<lb/>
in the territory Judge-shire of any other Judicatory, &#x2014; to the power power of the Judge
is in pending in the <del>territory</del> <add>Justice Chamber</add> of some other Judicatory, it may be<lb/>
of that same Judicatory will this same same power be subjected remain subject with
necessary that this same person should be examined, and desirable,<lb/>
a state of subjection, on and for all ordinary occasions: and (for example) for the purpose
<add>were it possible,</add> that he should be examined at this same moment<lb/>
of a suit, on the occasion occasion of which, the Judge of that same territory Judge-shire
of <hi rend="underline">time</hi>: here then is an <hi rend="underline">occasion</hi> on which, and a <hi rend="underline">purpose</hi> for<lb/>
has been the originating Judge. But, for the purpose of some suit, which
which, it may be necessary to distinguish <del><gap/></del> the <unclear>two</unclear> <add>different</add> Judicatories, by<lb/>
is in pending in the territory Justice Chamber of some other Judicatory, it may be
correspondently different denominations: the one being the <del>original</del> or<lb/>
necessary that this same person should be examined and desirable,
<del>say</del> <hi rend="underline">originating</hi>, or say <hi rend="underline">original</hi> judicatory, and as such having <hi rend="underline">ordinary</hi><lb/>
were it possible, that he should be examined at this same moment
<add>jurisdiction</add><lb/>
of time: here then is an occasion on which, and a purpose for
<note>jurisdiction over the person<lb/>
which, it may be necessary to distinguish <gap/> the three different Judicatories, by
in question; the other, extraordinary<lb/>
correspondently different denominations: the one being the original or
and casual jurisdiction: the one having jurisdiction<lb/>
say originating, or say original judicatory, and as such having ordinary
over him in <del>ordinarily<lb/>
jurisdiction
instituted</del> <hi rend="underline"><unclear><add>some</add></unclear></hi> suits; the other, in<lb/>
jurisdiction over the person
<del>extraneously</del> in <del>the respect</del> <add>extraneously-</add>instituted suits.</note></p>
in question; the other, extraordinary
and casual jurisdiction: the one having jurisdiction
over him in ordinary
instituted home suits; the other, in
extraneously in the respect extraneously-instituted suits.




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Revision as of 09:09, 10 September 2022

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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 what 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

Box Contents

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