A Treatise on the Law of Public Offices and Officers

A Treatise on the Law of Public Offices and Officers

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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. 1890 edition. Excerpt: ...exercise judicial powers in case of the disqualification of the proper officer, 13 void. Chandler v. Nash, 5 Mich. 409. Under like provisions, a statute giving the clerk of a court power to fix the amount of bail is unconstitutional as conferring judicial power upon a ministerial officer. Gregorys. State, 94 Ind. 384, 48 Am. Rep. 1C3. 3 Where, by the constitution, judicial officers are to be elected by the people, judicial powers cannot be conferred upon an. officer appointed. Chandler r. Nash, 5 Mich. 409. in the court, and the judges, as judges, out of court do not possess it and cannot be vested with it.1 51C. Same Subject--General and special Jurisdiction.--The jurisdiction conferred upon the judicial officer may be one of two kinds. It may be an authority to act in all cases at law or in equity which may be brought before him, or, in other words, a general jurisdiction; or it may bean authority to act in special cases only or only upon certain conditions and contingencies, in which case it may be called a special jurisdiction. In neither case is the jurisdiction unlimited, but it is obviously much greater in the former case than in the latter, and a much different presumption is indulged in one case than in the other. For it is the constant presumption of the law, in respect to courts of general jurisdiction, that they had jurisdiction over a case in which they have assumed to act; while, in respect to courts of special or limited jurisdiction, no such presumption is indulged, but whoever claims any right or benefit under the actions of such a court must show affirmatively that it had jurisdiction. 517. Disqualification of Judge from acting--1. By Interest.--"It is a maxim of every code in every country," says..."show more

Product details

  • Paperback | 304 pages
  • 185.42 x 243.84 x 20.32mm | 566.99g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236548280
  • 9781236548283