JURISDICTION (Latins, law, dicere, to say). The authority by which judicial officers take cognizance of and decide causes. Power to hear and determine a cause. 3 Ohio, 494 ; 6 Pet. 591. It includes power to enforce the execution of what Is decreed. 9 Johns. N. Y. 239 ; 3 Mete. Mass. 460 ; Thach. Crim. C as. 202.
Appellate jurisdiction is that given by ap peal from the judgment of another court.
Assistant jurisdiction 'is that afforded by a court of chancery in aid of a court of law: as, for example, by a bill of discovery, or for the perpetuation of testimony, and the like.
Jurisdiction of the cause is the power over the subject-matter given by the laws of the sovereignty in which the tribunal exists.
Civil jurisdiction is that which exists when the subject-matter is not of a criminal nature.
Criminal jurisdiction, is that which exists for the punishment of crimes.
Concurrent jurisdiction is that which is pos sessed over the same cause at the same time by two or more separate tribunals.
Exclusive jurisdiction is that which gives to one tribunal sole power to try the cause.
General jurisdiction is that which extends to a great variety of matters.
Limited jurisdiction (called, also, special and inferior) is that which extends only to certain specified causes.
Original jurisdiction is that bestowed upon i a tribunal the first instance. • Jurisdiction of the person is that obtained by the appearance of the defendant before the tribunal. 9 Mass. 462.
Territorial jurisdiction is the power of the tribunal considered with reference to the ter ritory within which it is to he exercised. 9 Mass. 462.
2. Jurisdiction is given by the law, 11 Barb. N. Y. 309; 22 id. 323; 3 Tex. 157, and cannot be conferred by consent of the parties. 5 Mich. 331; 2 Greene, Iowa, 374; 3 Iowa, 470; 23 Conn. 112; 2 Ohio St. 223; 11 Ga. 453; 23 Ala. N. s. 34 Me. 223; 4 Cush. Mass. 4 Gilrn. Va. 131; 6 Ired. No. C. 139; 4 Yerg. Tenn. 579; 3 M'Cord, So. C. 280; 12 Miss. 549; see 17 Mo. 258; but a pri vilege defeating jurisdiction may be waived if the court has jurisdiction over the subject matter. 4 Ga. 47; 11 id. 453; 14 id. 589 ; 6 Tex. 379; 13 Ill. 432; 1 Iowa, 94; 1 Barb. N. Y. 449; 7 Humphr. Tenn. 209; 4 Mass. 593 ; 4 M'Cord. So. C. 79; 3 McLean, C. C. 587; 4 Wash. C. C. 84; 5 Cranch, 288; 8 Wheat. 699.
3. Jurisdiction given by the law of the sovereignty of the tribunal is held sufficient everywhere, at least as to all property within the sovereignty, 2 Blatchf. C. C. 427: 10 Rich. Eq. So. C. 19 ; 27 Mo. 594 ; 1 R. I. 285, and as to persons of whom process is actually and personally served within the territorial limits of jurisdiction, or who appear and by their pleadings admit jurisdiction. 6 Tex. 275 ; 4 N. Y. 375 ; 8 Ga. 83. See 11 Barb. 309. But the appearance of a person on whom no personal service of process has been made, merely to object to the jurisdiction, is not such an admission. 37 N. H. 9 ; 9 Mass. 462; Hard, Ky. 96. And see 2 Sandf. N. Y. 717. Juris
diction must be either of the cause, which is acquired by exercising powers conferred by law over property within the territorial limits of the sovereignty, or of the person, which is acquired by actual service of process or per sonal appearance of the defendant. The ques tion as to the possession of the former is to be determined according to the law of the sove reignty, Day. Dist. Ct. 407; of the latter, as a simple question of fact. See CONFLICT OF LAWS; FOREIGN JUDGMENTS.
4. A court of general jurisdiction is pre sumed to be acting within its jurisdiction till the contrary is shown. 10 Ga. 371 ; 10 Barb. N. Y. 97 ; 3 Ill. 269 ; 13 id. 432 ; 15 Vt. 46; 2 Dev. No. C. 431 ; 4 id. 305. A court of limited jurisdiction, or a court acting under special powers, has only the jurisdiction expressly delegated„ 27 Ala. N. s. 291 ; 32 id. 227 ; Mo. 65 ; 1 Dougl. Mich. 384 ; 7 Hill, Su. C. 39 ; and it must appear the record that its acts are within its jurisdiction, 5 Harr.
J.
Del. 387 ; 2 Harr. N. 25 ; 3 Green, N. J. 57 ; 1 Dutch. N. J. 554 ; 2 Zabr. N. J. 356, 396 ; 2 Ill. 554 ; 20 id. 286 ; 27 Mo. 101 ; 1 Hempst. Ark. 423 ; 22 Barb. N. Y. 323 ; 28 Miss. 737 ; 26 Ala. N. s. 568 ; 5 Ind. 157 ; 1 Greene, Iowa, 78 ; 21 Me. 340 ; 16 Vt. 246 , 2 How. 319, unless the legislature, by general or special lay, remove this necessity. 24 Ga. 245 ; 7 Mo. 373 ; 1 Pet. C. C. 36. See 1 Salk. 414 ; Bacon, Abr. Courts (C, D).
Where one of two courts of concurrent juris diction has taken cognizance of a cause, the other will not entertain jurisdiction of the same cause. 1 Grant, Cas. Penn. 212 ; 8 Ohio St. 599 ; 16 Ohio, 373; 27 Vt. 518; 28 id. 470; 25 Barb. N. Y. 513 ; 8 Md. 254 ; 2 Md. Ch. Dec. 42 ; 4 Tex. 242 ; 19 Ala. N. s. 438 ; 1 Fla. 198 ; 2 Murph. No. C. 195 ; 6 McLean, C. C. 355.
5. Any act of a tribunal beyind its juris diction is null and void, and of no effect what ever, 33 Me. 414 ; 13 111.432 ; 21 Barb. N. Y. 0 ; 26 N. H. 232, whether without its terri torial jurisdiction, 21 How. 506 ; 1 Grant, Cas. Penn. 218 ; 15 Ga. 457, or beyond its powers. 22 Barb. N. Y. 271 ; 13 III. 432 ; 1 Strobh. So. C. 1 ; 1 Dougl. Mich. 390 ; 5 T. B. Monr. Ky. 261 ; 16 Vt. 246. Want of jurisdiction may be taken advantage of by plea in abatement, 18 Ill. 292 ; 3 Johns. N. Y. 105 ; 20 How. 541; see 6 Fla. 724, and must be taken advantage of before making any plea to the merits, if at all, when it arises from formal defects in the 6 Cush. Mass. 560 ; 13 Ga. 318 ; 20 How. 541. See 2 R. I. 450 ; 30 Ala. N. s. 62. But where the cause of action is not within the jurisdic tion granted by law to the tribunal, it will dismiss the suit at any time when the fact is brought to its notice. 22 Barb. N. Y. 271 ; 23 Conn. 17,2 ; 2 Ohio St. 26; 5 T. B. Monr. Ky. 261 ; 13 Vt. 175 ; 4 III. 133.
Courts of dernier resort are conclusive judges of their own jurisdiction. 1 Park. Orlin. N. Y. 360 ; 1 Bail. So. C. 294.