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<p>1</p> | <p>1</p> | ||
<p>Expositive | <p><hi rend="underline">Expositive</hi> <hi rend="underline">Instructional</hi></p> | ||
<note>17<lb/> | <note>17<lb/> | ||
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to another?</note> | to another?</note> | ||
<p>Art. <gap/> 17. Consistently with the intercommunity<lb/> | <p>Art. <del><gap/></del> 17. Consistently with the intercommunity<lb/> | ||
with the correspondent universally mutual power of invasion<lb/> | with the correspondent universally mutual power of invasion<lb/> | ||
of jurisdiction as here established: how in the case relation<lb/> | of jurisdiction as here established: how <del>in the case <add>relation</add></del><lb/> | ||
of one Judicatory, is it, that to any Immediate or Appellate, even Judicatory any<lb/> | <del>of one Judicatory,</del> <add>is it, that to any</add> Immediate <del>or Appellate, even</del> <add>Judicatory</add> any<lb/> | ||
peculiar local field of service can belong? Answers.</p> | peculiar local field of service <add>can</add> belong? <hi rend="underline">Answers</hi>.</p> | ||
<note>2<lb/> | <note>2<lb/> | ||
Answer<lb/> | Answer<lb/> | ||
1. To the cognizance of Judicatory in<lb/> | 1. To the <del>cognizance of</del> <add>Judicatory in</add><lb/> | ||
the which the first appl<lb/> | <del>the</del> which the first <del>appl</del><lb/> | ||
hearing has place belongs<!-- continues below marginal extension of main text --><lb/> | hearing has place belongs<!-- continues below marginal extension of main text --><lb/> | ||
the suit or other application.<lb/> | the suit or other application.<lb/> | ||
Call that the original<lb/> | Call <hi rend="underline">that</hi> the original<lb/> | ||
or say originating<lb/> | or say originating<lb/> | ||
Judicatory.</note> | Judicatory.</note> | ||
<p>Answer 1. The Of each suit or other judicial<lb/> | <p><del>Answer</del> 1. <del>The</del> Of each suit or other judicial<lb/> | ||
application, the cognizance will belong, in the first instance<lb/> | application, the cognizance will belong, in the first instance<lb/> | ||
to the Judge Judicatory Immediate Judicatory of that Judicial <gap/> District, in the Justice<lb/> | to the <del>Judge <add>Judicatory</add></del> <add>Immediate Judicatory</add> of that Judicial <del><gap/></del> District, in the Justice<lb/> | ||
Chambers of which the judicial application is made:[+] In the ordinary<lb/> | Chambers of which the <add>judicial</add> application is made:<hi rend="superscript">[+]</hi> <del>In the ordinary</del><lb/> | ||
<note>[+] and by any person<lb/> | <note><hi rend="superscript">[+]</hi> and by any person<lb/> | ||
may judicial application<lb/> | may judicial application<lb/> | ||
be made, to<lb/> | be made, to<lb/> | ||
the Judicatory, in<lb/> | the Judicatory, in<lb/> | ||
the territory of which at that same<lb/> | <add>the territory of</add> which at that <del>same</del><lb/> | ||
moment he is in existence:<lb/> | moment <add>he</add> is in existence:<lb/> | ||
and, < | and, <del>special</del><lb/> | ||
exceptions of a special<lb/> | exceptions of a special<lb/> | ||
nature excepted,<lb/> | nature excepted,<lb/> | ||
Line 57: | Line 57: | ||
by legal imprisonment,<lb/> | by legal imprisonment,<lb/> | ||
in any Judicial<lb/> | in any Judicial<lb/> | ||
<gap/> District<lb/> | <del><gap/></del> District<lb/> | ||
in the whole<lb/> | in the whole<lb/> | ||
territory may any<lb/> | territory may any<lb/> | ||
person be, at any<lb/> | |||
moment, in existence.</note></p> | moment, in existence.</note></p> | ||
Line 70: | Line 70: | ||
to last: of the Judge of<lb/> | to last: of the Judge of<lb/> | ||
no other Judicatory will the<lb/> | no other Judicatory will the<lb/> | ||
power <gap/> need to be applied.</note> | power <del><gap/></del> need to be applied.</note> | ||
<p>2. In the ordinary state of things is in the state of things most frequently<lb/> | <p><add>2. In the ordinary</add> state of things is in the state of things most frequently<lb/> | ||
exemplified, | exemplified, <del>the persons <add>in whom</add> and things in which</del> to<lb/> | ||
the lot of that same Judge will it fall to carry the suit through from beginning<lb/> | the lot of that same Judge will it fall to carry the suit through from beginning<lb/> | ||
<gap/><gap/><gap/> end: — to which the whole of the evidence, and<lb/> | <del><gap/><gap/><gap/></del> end: — to which the whole of the evidence, and<lb/> | ||
after issuing thereupon his definitive decree, to give execution and<lb/> | after issuing <add>thereupon</add> his definitive decree, to give execution and<lb/> | ||
effect to it accordingly: and, as | effect to it <add>accordingly:</add> and, as well <del>with reference to</del> <add>for the purpose of</add> such execution<lb/> | ||
and effect, as with reference to the for the purpose of the elicitation of the evidence,<lb/> | and effect, as <del>with reference to the</del> <add>for the purpose of the</add> elicitation of the evidence,<lb/> | ||
the persons on whom, and the things on which, it will be<lb/> | the persons on whom, and the <hi rend="underline">things</hi> on which, it will be<lb/> | ||
necessary for him to operate, will be situated within<lb/> | necessary for him to operate, will be situated within<lb/> | ||
that same <gap/> District. The state of things, in which</p> | that same <del><gap/></del> District. <del>The state of things, in which</del></p> | ||
<p>3. In extraordinary In comparison of this state of things, an extraordinary<lb/> | <p>3. <del>In extraordinary</del> <add>In</add> comparison of <hi rend="underline">this</hi> state of things, an extraordinary<lb/> | ||
one is that in which for any purpose, the suit or other judicial application will<lb/> | <add>one is that in which</add> for any purpose, the <hi rend="underline">suit</hi> or other judicial <hi rend="underline">application</hi> will<lb/> | ||
have to pass, though it be <gap/> but for a moment, into the hands<lb/> | have to pass, though it be <del><gap/></del> but for a moment, into the hands<lb/> | ||
of a the Judge of any <gap/><gap/> District other than the one that<lb/> | of <del>a</del> <add>the</add> Judge of any <del><gap/><gap/></del> District other than <del>the one</del> that<lb/> | ||
first <gap/> of the Judge first applied to — the originating Judge as above.</p> | <del>first <gap/></del> of the Judge first applied to <add>— the <hi rend="underline">originating</hi> Judge</add> as above.</p> | ||
1831 July 6 24 B M
Constitutional Code
Ch. XII. Judiciary collectively
§.6. Field of service
or
§.7. Intercommunity of
Jurisdiction
1
Expositive Instructional
17
1
Question
Consistently with this
intercommunity how
can any suit belong to
one Judicatory more than
to another?
Art. 17. Consistently with the intercommunity
with the correspondent universally mutual power of invasion
of jurisdiction as here established: how in the case relation
of one Judicatory, is it, that to any Immediate or Appellate, even Judicatory any
peculiar local field of service can belong? Answers.
2
Answer
1. To the cognizance of Judicatory in
the which the first appl
hearing has place belongs
the suit or other application.
Call that the original
or say originating
Judicatory.
Answer 1. The Of each suit or other judicial
application, the cognizance will belong, in the first instance
to the Judge Judicatory Immediate Judicatory of that Judicial District, in the Justice
Chambers of which the judicial application is made:[+] In the ordinary
[+] and by any person
may judicial application
be made, to
the Judicatory, in
the territory of which at that same
moment he is in existence:
and, special
exceptions of a special
nature excepted,
such as those created
by legal imprisonment,
in any Judicial
District
in the whole
territory may any
person be, at any
moment, in existence.
3
2. Ordinarily, in the
originating Judicatory
will be carried on all
proceeding, from first
to last: of the Judge of
no other Judicatory will the
power need to be applied.
2. In the ordinary state of things is in the state of things most frequently
exemplified, the persons in whom and things in which to
the lot of that same Judge will it fall to carry the suit through from beginning
end: — to which the whole of the evidence, and
after issuing thereupon his definitive decree, to give execution and
effect to it accordingly: and, as well with reference to for the purpose of such execution
and effect, as with reference to the for the purpose of the elicitation of the evidence,
the persons on whom, and the things on which, it will be
necessary for him to operate, will be situated within
that same District. The state of things, in which
3. In extraordinary In comparison of this state of things, an extraordinary
one is that in which for any purpose, the suit or other judicial application will
have to pass, though it be but for a moment, into the hands
of a the Judge of any District other than the one that
first of the Judge first applied to — the originating Judge as above.
Identifier: | JB/042/284/001"JB/" can not be assigned to a declared number type with value 42. |
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