Madison County, Tennessee slavery lawsuit archive. Lot consists of 17 documents from 1848-1852 relating to the case of a young female slave named Phebe, "about 14 years old, likely and smart", who was allegedly traded by Samuel L. Anderson, William Sheppard, and James Fussell to William Turner in exchange for another female slave named Dianna. Phebe was later discovered to be "laboring under a virulent gonhorrea" and Turner, alleging Phebe's sellers knew of her disease, filed suit demanding compensation. Included are handwritten copies of depositions in the case including testimony of Dr. William Warren that Phebe had "not yet arrived at the age of womanhood" and that she reported "her purchasers had given her the disease", as well as testimonies from several witnesses regarding the transaction and Phebe's value and health (with some witnesses disputing that she had any signs of physical ailment), and the difference in value between a "sound female slave" and an "unsound female slave". The documents begin with the bill of complaint and follow the case as it progressed through the courts until its resolution in 1852, when the defendants were ordered to pay Turner $300 plus court costs (no compensation was allotted to Phebe). Most of the papers have been photocopied and transcribed in typewritten copies included in this lot. Also included with this lot is a copy of the book "Historical Madison: the Story of Jackson and Madison County, Tennessee from the Moundbuilders to World War I" by Emma Inman Williams, published 1946. This book contains a photocopied document reference to "Phebe, aged about thirteen years" purchased by Samuel Anderson in a group of 35 slaves in Nov. of 1847 (p. 202), and to John Fussell, who "had a fight in the court yard with one certain John Montgomery" in 1824 and was fined $10 for contempt of court. There is also a reference to William Jackson (p. 216) entering an agreement with the state of Tennessee to import freed slave laborers from South Carolina to Tennessee in 1867. Condition: Papers in overall good condition with some fading, toning, and small edge tears; the July 6 1850 document has some tears at fold lines. Book dustjacket exhibits wear and several tears.
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(a) no court shall impose a sentence under this Act for a contempt of court unless it is satisfied that the contempt is of such a nature that it substantially interferes, or tends substantially to interfere with the due course of justice;
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(iv) The power of the Supreme Court to punish for contempt of court, though quite wide, is yet limited and cannot be expanded to include the power to determine whether an advocate is also guilty of “professional misconduct” in a summary manner; Supreme Court Bar Association v. Union of India, AIR 1998 SC 1895.
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In 1919, under the Letters Patent creating the High Court of Judicature at Lahore, the Judges thereof were appointed directly by His Majesty the King Emperor. The Court of the Province was for the first time constituted as a Court of Record with powers to punish persons guilty of its contempt, a power which the previous Chief Court did not possess. The permanent strength of the High Court was limited to seven Judges — one Chief Justice and six Puisne Judges.
The jurisdiction of the High Court was laid down by its Letters Patent; it had jurisdiction over the Provinces of the Punjab and Delhi. It was constituted the highest Appellate Authority in Civil and Criminal cases It possessed extraordinary Civil and Criminal Jurisdiction. It also exercised in Matrimonial, Probate and Administration matters Original Jurisdiction. By Clauses 10 of the Letters Patent, Civil appeals were provided against the judgment of a single Judge to a Bench of two Judges, subject to certain stated conditions.
From 1921 onwards the Judges were required to give an undertaking upon appointment to their office, not to resume practice at the Bar on their retirement.
The Government of India Act, 1935 made certain radical changes in the constitution and powers of the various High Courts in British India. The new Act provided that the Judges would hold office during good behaviour, whereas previously they held office during His Majesty’s pleasure. Instead of the ceiling of twenty Judges fixed by the earlier Act, the present Act left it to His Majesty to fix the number of Judges separately for each High Court depending upon their requirements. All acting appointments of Judges were left in the hands of the Governor-General and the powers of the Local Governments were withdrawn. Under the old system, the Chief Justice had always been a Barrister Judge. The new Act removed this limitation and opened the Chief Justiceship to Civilian Judges as well. The new Act also fixed the 60 years age limit for High Court Judges. By the Government of India (High Court Judges) Order, 1937, the maximum number of Judges fixed for the Lahore High Court was 15. The said Order also prescribed the scale of pay and rights as to leave, pension gratuity, etc, of the various judges serving the different High Courts in India including the Lahore High Court.