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1824. March 30 + Constitutional Code
2o Ch. XI. Judiciary collectively §.17. Judges interco of functions service
3
Art. 10. What may at the same time happen is — that this answer he may have to one or more of divers reasons [any] one a single one of which might of itself be sufficient. Of these reasons examples are as follows —
1. The applicant has not any fixt habitation. He is a foreigner or a native who at the time is in search after a fixt habitation, having or not having a fixt source of subsistence.
2. The defendant, or one out of divers persons, as a group whom he directs his application to the end that they may be constituted Defendants, have not any has his fixed abode within the local field of that this same judicatory; but such and it is to obviate all objection to on the score of vexation and expence by attendance on the part of such defendant habitation within the local field of another judicatory at a greater distance from his own abode. For this cause it is that the application is made to the Defendants judicatory
3. Or it may be that only some person who is the only whose evidence he being an extraneous witness is the only source of the mass of evidence belonging to the case, or of the principal portion of that evidence mass
Art. 11. In any such case, if, in the opinion of the Judge applied to, these circumstances of having been heard from the mouth of the applicant, the suit may be heard and determined in such other Judicatory with less vexation and expence the circumstances of the parties on both sides of the suit taken together he may see reason to recommend and so in case of send to order, that in such other Judicatory the if in any application shall be made, and at any rate on that view be intended any further for that application from being made in the Judicatory of which he is Judge.
Art. 12. As in any such case, if then the application is made to him the Judge will such recommendation and such order so likewise will he will he before he proceeds, ask question the defendant whether for the same purpose as the mentioned in the application he has not made application to the Judge of same and what other Judicatory: and according to the answer received to this and other questions he will retain the application or dismiss it.
Identifier: | JB/042/677/002"JB/" can not be assigned to a declared number type with value 42. |
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1824-08-23 |
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constitutional code |
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677 |
constitutional code |
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002 |
locable, who / located, how / dislocable, how |
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text sheet |
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recto |
d6 / e1 |
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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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"copd" |
13600 |
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