ISBN: 9781150640100

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 illustra… Mehr…

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. 1849 Excerpt: . writ is only put in force when no other remedy exists, and does not apply to judiciary acts: for a superior court has the power by mandamus in certain cases to order an inferior court to pronounce a judgment, but not to dictate what that judgment is to be. It is only in cases of 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. 1849 Excerpt: . writ is only put in force when no other remedy exists, and does not apply to judiciary acts: for a superior court has the power by mandamus in certain cases to order an inferior court to pronounce a judgment, but not to dictate what that judgment is to be. It is only in cases of appeals or cassation, that it can take cognizance of the decision pronounced. The third writ, that of quo warranto, is a brief by which the court demands of some constituted authority, by what right or warrant it has arrogated to itself such or such a power. Upon this writ the court fully investigates the matter, and even in case of a power being usurped, and if the demand of the writ has been made on criminal information, it passes its sentence upon the guilty party. These three writs are the safeguards of the liberty of the citizen, inasmuch as the first secures his person against all arbitrary detention; the second gives a check on the negligence of magistrates, and compels them to execute the laws, while the third prevents all encroachment of power. I cannot look upon that as civil liberty, wherein powers analagous to those which these writs give t & the courts do not exist. The delay or refusal to obey these writs is punished with great severity, as an insult to the court, not by a fixed award, but by imprisonment and fines, which are prolonged and repeated until the party obeys. Powers so extensive are, however, by no means dangerous, because the courts have no initiative; and supposing the son or wife of the judge to be illegally arrested, he could not take cognizance of it unless a third party preferred his complaint. Nothing can be more simple than the organization of a tribunal in America. Those of the United States are, in general, composed of a sole judge; this is Books, , America-and-the-Americans~~Achille-Murat, 999999999, America and the Americans, Achille Murat, 1150640103, General Books LLC, , , , , General Books LLC<

ISBN: 9781150640100

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 illustra… Mehr…

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. 1849 Excerpt: ... writ is only put in force when no other remedy exists, and does not apply to judiciary acts: for a superior court has the power by mandamus in certain cases to order an inferior court to pronounce a judgment, but not to dictate what that judgment is to be. It is only in cases of appeals or cassation, that it can take cognizance of the decision pronounced. The third writ, that of quo warranto, is a brief by which the court demands of some constituted authority, by what right or warrant it has arrogated to itself such or such a power. Upon this writ the court fully investigates the matter, and even in case of a power being usurped, and if the demand of the writ has been made on criminal information, it passes its sentence upon the guilty party. These three writs are the safeguards of the liberty of the citizen, inasmuch as the first secures his person against all arbitrary detention; the second gives a check on the negligence of magistrates, and compels them to execute the laws, while the third prevents all encroachment of power. I cannot look upon that as civil liberty, wherein powers analagous to those which these writs give t& the courts do not exist. The delay or refusal to obey these writs is punished with great severity, as an insult to the court, not by a fixed award, but by imprisonment and fines, which are prolonged and repeated until the party obeys. Powers so extensive are, however, by no means dangerous, because the courts have no initiative; and supposing the son or wife of the judge to be illegally arrested, he could not take cognizance of it unless a third party preferred his complaint. Nothing can be more simple than the organization of a tribunal in America. Those of the United States are, in general, composed of a sole judge; this is Books Books America-and-the-Americans~~Achille-Murat General Books LLC<

2012, ISBN: 1150640103

Paperback, [EAN: 9781150640100], RareBooksClub.com, RareBooksClub.com, Book, [PU: RareBooksClub.com], 2012-05-15, RareBooksClub.com, This historic book may have numerous typos and missing… Mehr…

Paperback, [EAN: 9781150640100], RareBooksClub.com, RareBooksClub.com, Book, [PU: RareBooksClub.com], 2012-05-15, RareBooksClub.com, This historic book may have numerous typos and missing text. Purchasers can download a free scanned...., 1025612, Subjects, 349777011, Antiquarian, Rare & Collectable, 91, Art, Architecture & Photography, 67, Biography, 68, Business, Finance & Law, 507848, Calendars, Diaries & Annuals, 69, Children's Books, 274081, Comics & Graphic Novels, 71, Computing & Internet, 72, Crime, Thrillers & Mystery, 496792, Education Studies & Teaching, 62, Fiction, 66, Food & Drink, 275835, Gay & Lesbian, 74, Health, Family & Lifestyle, 65, History, 64, Home & Garden, 63, Horror, 89, Humour, 275738, Languages, 61, Mind, Body & Spirit, 73, Music, Stage & Screen, 275389, Poetry, Drama & Criticism, 59, Reference, 58, Religion & Spirituality, 88, Romance, 5106747031, School Books, 57, Science & Nature, 4034595031, Science Fiction & Fantasy, 564334, Scientific, Technical & Medical, 60, Society, Politics & Philosophy, 55, Sports, Hobbies & Games, 83, Travel & Holiday, 52, Young Adult, 266239, Books<