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Updated: June 18, 2025
"An advocate"-an advocate, as I said, is one that hath power to plead for another in this, or that, or any court of judicature. Be much therefore in the meditation of Christ, as executing of this his office for thee, for many advantages will come to thee thereby. As,
Nothing seems to me to render your internal situation more desperate than this one circumstance of the state of your judicature. Many days are not passed since we have seen a set of men brought forth by your rulers for a most critical function.
"Whereas it appears to the legislature, by the records of the Council of Appointment, that Aaron Burr, Esq., one of the senators for this state in the Senate of the United States, was, on the 2d day of October last, appointed one of the puisne justices of the Supreme Court of Judicature of this state: Thereupon,
Such, my lords, is my opinion of the conduct of the committee of the house of commons, of whom I cannot but conclude that they have assumed a right which the constitution of our government confers only on your lordships, as a house of senate, a court of judicature; and therefore cannot think it prudent to confirm their proceedings by an approbation of this bill.
As they are more secluded from easy recourse to national judicature, they must be more extensively commissioned to pass judgment on each other.
We find no traces of any jurisdiction appertaining to the clans as such, or of any judicature at all that did not derive its authority from the king.
By an Act of 1858 the Encumbered Estates Court was replaced by the Landed Estates Court, which had power to carry out the sale of, and give an indefeasible title to, any interests in land, whether hypothecated or not, and after the passing of the Judicature Act of 1877 the name of the Court became the Land Judges' Court.
He afterwards enlarged upon every article, endeavouring to prove that they were absolutely necessary to prevent the consequences of English influence; to enable the nation to defend its rights and liberties; to deter ministers of state from giving bad advice to their sovereign; to preserve the courts of judicature from corruption, and screen the people from tyranny and oppression.
It reaches the case, the question; it attaches the power of the national judicature to the case itself, in whatever court it may arise or exist; and in this case the Supreme Court has appellate jurisdiction over all courts whatever. No language could provide with more effect and precision than is here done, for subjecting constitutional questions to the ultimate decision of the Supreme Court.
Here, as elsewhere, he had to carry out the political policy of his house, a policy defined by the great measures of Henry the Second, his institution of scutage, his general assize of arms, his extension of the itinerant judicature of the royal judges.
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