Author: William Smithers Church

Publisher: Theclassics.Us

Published: 2013-09

Total Pages: 452

ISBN-13: 9781230392127

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 edition. Excerpt: ... ings of inferior tribunals are scrutinized only applies to the question of jurisdiction, and when the existence of jurisdiction is proved or conceded, the maxim omnia rile acta applies to them as well as to courts of general jurisdiction.1 The mandate or writ of a superior court or superior magistrate, as one of the judges of those courts acting according to the course of the common law, is uot to be regarded or examined with the same strictness as the warrant of an ordinary magistrate, or other person acting by special statutory authority and out of the course of the common law. In the case of officers of special or limited jurisdiction, all instruments by which they act, such as warrants to arrest, commitments, orders, convictions, or inquisitions, ought, according to the course of the decisions, to show their authority on the face of them by direct averment or reasonable intendment; but not so with the process of superior courts acting by the authority of the common law. It will be presumed that writs issued by superior courts are duly issued and in a case in which they have jurisdiction, unless the contrary appears on the fece of them. A failure to set forth the cause of arrest would be fatal in a warrant issued by an inferior court, but this omission will not invalidate the warrant issued by a superior court. In such a case, Lord Coke says, if it express no cause at all, it will be legal.2 279. Oath, Jurat, and Seal -- At the earlier common law a justice of the peace could issue his warrant and commit without oath, though Lord Holt said " he is not wise if he doth so, for then he must make out the cause of commitment at his ]>eril; but if oath be made, lie is safe."3 The recent doctrine of the king's bench, however, is...

Download or read book A Treatise on the Writ of Habeas Corpus; Including Jurisdiction, False Imprisonment, Writ of Error, Extradition, Mandamus, Certiorari, Judgments, Etc written by William Smithers Church and published by Theclassics.Us. This book was released on 2013-09 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 edition. Excerpt: ... ings of inferior tribunals are scrutinized only applies to the question of jurisdiction, and when the existence of jurisdiction is proved or conceded, the maxim omnia rile acta applies to them as well as to courts of general jurisdiction.1 The mandate or writ of a superior court or superior magistrate, as one of the judges of those courts acting according to the course of the common law, is uot to be regarded or examined with the same strictness as the warrant of an ordinary magistrate, or other person acting by special statutory authority and out of the course of the common law. In the case of officers of special or limited jurisdiction, all instruments by which they act, such as warrants to arrest, commitments, orders, convictions, or inquisitions, ought, according to the course of the decisions, to show their authority on the face of them by direct averment or reasonable intendment; but not so with the process of superior courts acting by the authority of the common law. It will be presumed that writs issued by superior courts are duly issued and in a case in which they have jurisdiction, unless the contrary appears on the fece of them. A failure to set forth the cause of arrest would be fatal in a warrant issued by an inferior court, but this omission will not invalidate the warrant issued by a superior court. In such a case, Lord Coke says, if it express no cause at all, it will be legal.2 279. Oath, Jurat, and Seal -- At the earlier common law a justice of the peace could issue his warrant and commit without oath, though Lord Holt said " he is not wise if he doth so, for then he must make out the cause of commitment at his ]>eril; but if oath be made, lie is safe."3 The recent doctrine of the king's bench, however, is...