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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 chamber of an evidence-holder for example, the same person can not be examined in the Justice Chamber 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 suitors 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 [+] the advantage shall be given.
[+] (that is to say: those parties respectively which, in each such suit, have right on their side)
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 be subjected remain subject with 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 three 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 ordinary instituted home suits; the other, in extraneously in the respect extraneously-instituted suits.
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jeremy bentham |
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