An analytical digest of all the reported cases determined by the High Court of Admiralty of England; the Lords Commissioners of Appeal in prize ... Judicial Committee of the Privy Council; al - Softcover
Synopsis
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. 1847 Excerpt: ...to act in matters not within their cognisance. Grant v. Gould, 2 H. Black. 69. 100. II. What A Sufficient Ground Fob--Et Contra. 2. To found a prohibition, the matter must be material. Bultcrworth v. Walker, 3 Burr. 1689. 3. In prohibition the question is whether the Court has a jurisdiction, and not whether the jurisdiction is exercised in a formal and regular way. Smarts. Wolf, 3 T. R. 347.; S. P. Smith v. Lord Mayor, 6 Mod. 78. I. As to the ancient law and practice with reference to prohibitions to the Admiralty Court, sec Godolphin'i Adm Jut., cap. Q. p. 71. et ten. 4. If it appear on the face of the proceeding that the Admiralty has not jurisdiction it may be prohibited at any time. Say. Broom, 12 Mod. 134, 135. 5. If a Court of Admiralty proceed in a question where it has no jurisdiction, the Court of King's Bench will grant a prohibition, without imposing any terms. Velthasen v. Ormsley, 3 T. R. 315. 6. If the Court below have jurisdiction over the subject matter, a mistake in their judgment is no ground for a prohibition, but is only matter of appeal. Lord Camden v. Home, 4 T. It. 397. 7. Where the subject of a suit in an inferior Court is within the jurisdiction of that Court, though in the proceedings a matter be started which is out of its jurisdiction, yet, unless it is going on to try such matter, a prohibition will not lie. Dvteru v. Robson, 1 H. Black. 100. 8. Semble, if an inferior Court adjudge generally that a plea which ousts them of their jurisdiction is insufficient, it will be presumed that the judgment proceeded, not upon a warrant of form, but upon the merits of the plea, and therefore a prohibition will be granted. Darby v. Cosens, Xotley v. Same, 1 T. R. 552. 9. Where a deed is pleaded, a prohibition may be granted on account of a ...
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