Rapports Judiciaires Revises de La Province de Quebec; Comprenant La Revision Complete Et Annotee de Toutes Les Causes Rapportees Dans Les Differentes

Rapports Judiciaires Revises de La Province de Quebec; Comprenant La Revision Complete Et Annotee de Toutes Les Causes Rapportees Dans Les Differentes

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891 edition. Excerpt: ...Bench and provincial courts thereby established, are really judges, and entitled to the privileges and immunities which belong to the other, at all times and upon all occasions, when acting in the execution of any of the multifarious duties with which they are charged by that act; or, whether only eight of them are so, and that, only when acting in the execution of a comparatively small part of those duties, that is to say, when sittting in the superior terms of the Courts of King's Bench. It is contended that they are, all of them, judges, and, upon every decision where they are executing any part of their judicial functions, for the following reasons: 1. The judges of England are considered as bein so, whether in banco, at nini jtnux, or on anv other occasion where they are called upon the execute any part of their public duties, though they sit under a great variety of commissions, some of a general, and others of a circumscribed nature, some of them temporary, an 1 othei-s permanent, and many of them of a very subordinate description to the original patent by which they were first constituted judges. 2. Because the judges of the Courts of King's Bench in Lower Canada, when sitting in the inferior terms, or on the t mimic, cannot be entitled to any privileges or immunities which! not equally belong to the judges of the provincial Courts. If the pecuniary extent of the jurisdiction of the court be considered as the criterion between the responsibility and irresponsibility of the judge: this criterion would as well apply, to render a judge of the Court of King's Bench, whuii sittiug on either of the two last mentioned occasions, responsible in an action in his own court, or in any other in the province, as it would to render a provincial judge...show more

Product details

  • Paperback | 230 pages
  • 189 x 246 x 12mm | 417g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • Illustrations, black and white
  • 1236672445
  • 9781236672445