The Law Reports. Queen's Bench Division Volume 6.cIncorporated Council of Wales
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Author: Incorporated Council of Wales
Page Count: 304 pages
Published Date: 13 Sep 2013
Publisher: Rarebooksclub.com
Publication Country: United States
Language: English
ISBN: 9781130747355
File size: 30 Mb
Download Link: The Law Reports. Queen's Bench Division Volume 6
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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. 1881 edition. Excerpt: ...for the hearing. In like manner, if the archbishop is disqualified, the person appointed under the statute must perform the two duties. Then with regard to the objections to the form of the requisition, monition, and inhibition. The doctrine that has been relied upon with regard to the requisition does not apply. The decisions with regard to convictions and orders of justices and other similar cases are distinguishable. The person who is called upon to obey a conviction order or other such document is entitled to have the jurisdiction shewn on the face of the document, in order that he may know whether he is legally bound to obey it. But there is no provision that the requisition is to be sent to the party complained of. It is a matter between the archbishop and the judge who is required to act. The party complained of by the representation is not directed to do anything by the requisition. He cannot therefore take this objection to the form of the requisition, if the judge is satisfied that there was jurisdiction to make it, and acts upon it. It is contended that even if it be (1) 3 B. & A. 266. otherwise the matter in question sufficiently appears by impli-1881 cation. It is objected that the requisition did not name a place Dale's Case. for hearing. The Act does not require this. It provides that Embott' the requisition shall be to hear at any place within the diocese or Case. province, or in London or Westminster. It is for the judge to (c. A.) select the place within those limits. The requisition is in the "B'D' terms of the Act in this respect except that, in conformity with the forms framed under the Act, it omits the province. With regard to the monition and inhibition, they are in accordance with the forms given by...
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