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To this function in that case <gap/><lb/> | To this function in that case <gap/><lb/> | ||
<gap/> made by a party against the order of the invaded<lb/> | <gap/> made by a party against the order of the invaded<lb/> | ||
<gap/></del> either of the | <gap/></del> either of the <unclear>thus</unclear> <del><add><gap/></add></del> conflicting orders, to which of them execution shall be<lb/> | ||
<del>Jud<gap/><gap/><gap/><gap/><gap/> invading Judge<lb/> | <del>Jud<gap/><gap/><gap/><gap/><gap/> invading Judge<lb/> | ||
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1824. April 2 +
Constitutional Code Copd
ulto
Ch. XI. Judiciary collectively
§. Intercommunity of
service
5
Art. 10. Of As between
the execution of which place, of the the execution of the other would
if at the same point of time would be is impossible this
Art. 10. As between two such conflicting orders, the prevalence
preference belongs
belongs in the first instance to that one to
which execution was is first begun to be given.
Art. 12 11 In But, in case of disagreement, between the invading the prevalence
belongs provisionally to the orders of the invaded Judge.
and the invaded Judge Judge, to the orders of
the invaded Judge belongs provisionally the preference
Art. 12. Jurisdiction-adjustive function. To this function
exercise is given, by an imperative order declaring, on Appeal from
of the two conflicting orders, to which of them execution shall be given. On
Art.
To this function in that case
made by a party against the order of the invaded
either of the thus conflicting orders, to which of them execution shall be
Jud invading Judge
, cognizance will be to
given belongs to the Judge Appellate. If both, if
definitively given. If the This function, if the
territories are situated both within the same District
belongs to the Judge Appellate; if in different districts, to the
Justice Minister.
Art. 13. To him to whose In the exercise of this function jurisdiction-
adjustive function it will be the of the Judge will have take care, lest
on the one part through invasion be unduly declined or or unduly
practised performed, or on other part unduly acquiesced in or
opposed: as also lest, by collusion of on one or both
parts priority as between of execution, in favour of
or both; a party on the either side, be unduly obtained.
Art. 14. Provisional when only is the preference prevalence here spoken of. As Between counterdemandants, whether in the same
judicial or in different judicial ,
for the arrangements made for ultimate equality or proportionality
of distribution, as of burthens so of benefits see the Penal
and the Non-penal, more especially the Non-penal Code.
Identifier: | JB/042/279/001"JB/" can not be assigned to a declared number type with value 42. |
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jeremy bentham |
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