date

9 July 1804 Procedure & Evidence
9 July 1804

Procedure & Evidence

Evils

3d order

'.2 non-justiciability

II. Factitious causes negative.

1. Want of an all-comprehensive system of securities for justiciability (arrangements taken by the law for securing justiciability in point of fact) embracing all the varieties which a man's situation in this respect can admitt of.

Example.

1. Want of legal means for the arresting in the hands of the debtors debts due to a fugitive defendant.

2. Want of a general concert and correspondence for this purpose between the several local jurisdictions /districts/ subject to /under the ------- subjection of/ the same sovereign /state/.

3. Want of a like concert and correspondence between state and state.
Similar Items
  • Title: [9 July 1804 Procedure & Evidence]
    Description: 9 July 1804

    Procedure & Evidence

    Evils

    3d order

    '.2 non-justiciability

    III. Factitious causes positive - examples.

    Examples -

    1. Laws establishing local Asylums: ordaining that in a demand of such or such a nature, or whatever by the nature of the demand, a man shall not be arrested or shall not be so much as summoned in such and such a place: for example in his own house, in a churchyard, or within the verge of the palace.

    2. Laws establishing chronological Asylums: ordaining as above that a man shall not be arrested or summoned on such or such a particular day or days of the year for example on a sunday, or on such or such a festival.
  • Title: [9 July 1804 Procedure & Evidence]
    Description: 9 July 1804

    Procedure & Evidence

    Evils causes

    3d order

    '.3 Non-justiciability

    2. Non-justiciability, (as above explained), on the part of the defendant.

    I. Natural causes

    1. The defendant unknown - in respect of his person.

    2. The defendant unknown - in respect of his name.

    3. The demand for justiciability attaches upon his person, (as whose corporal punishment is the punishment due) and his person is not forthcoming.

    4. The demand for justiciability attaches upon his property - and in quantity and quality sufficient to answer it, is not forthcoming.

    5. The demand for justiciability attaches /attaching/ upon his property, and in this without accessible and adequate property in existence.

    6. - or without accessible and adequate property situate within the reach of the Court.

    7. The times, at which the causes nos. 3, 4, 5, and 6 are considered as operating, being a length of time terminating in that of the act, whatever it be, by which the suit is considered as commenced in so far as they respectively take place at any subsequent point of time, they may respectively be considered as having delay for their cause: viz: in the present instance so much of it as is referable to natural causes. See title Delay.

    N.B. In cases nos. 3, 4, 5, 6, it must be understood, that not only special justiciability with reference to the particular demand in question is wanting; but general justiciability in all its forms is either wanting altogether, or not present in a degree adequate to the purpose.
  • Title: [18 March 1808 Letter V §.6]
    Description: 18 March 1808

    Letter V

    §.6. Reasons

    Ends of Justice

    5. Non-Justiciability

    II. Factitious Causes, negative and positive.

    1. Want of an all-comprehensive system of investigatorial procedure extraction to all suits, non penal as well as penal: and applicable to the taking out for this and all other lawful purposes, as well persons as things, of every description.

    2. Want of an all comprehensive system of arrangements for securing to the judicatory in which a suit is commenced assistance to this purpose from all other judicatories within the dominions of the same state.

    3. - So, of judicatories within the dominions of foreign states in time of amity.

    4. So for arresting and securing for this purpose property of the defendant, lodged in manu tertia in the hands of third persons.