Pediment

“ You are a clerk in a lawyer's office—that is a very serious element in this case; there can be no possible excuse made for you on the ground that you were not fully conversant with the nature of the crime you were committing, and the penalties that attach to it. It is said, however, that you were carried away by your emotions. The story has been told here to-day of your relations with this—er—Mrs. Honeywill; on that story both the defence and the plea for mercy were in effect based. ”

“ That several of your Petitioners Humble Servants, who upon their being rejected by her, were, to all Appearance in a dying Condition, have since recover'd their Health, and been several Years married, to the great Surprize and Grief of your Petitioner, who parted with them upon no other Conditions, but that they should die or run distracted for her, as several of them faithfully promis'd to do. ”

“ Most humbly showeth,
'That your petitioners have supplied many subjects on various occasions to the several hospitals; and being now in custody, they are conscious in their own minds that they have done nothing more than they have been in the constant habit of doing as resurrectionists, but, being unable to prove their innocence without professional advice, they humbly crave the commiseration of gentlemen who may feel inclined to give some trifling assistance, in order to afford them the opportunity of clearing away the imputation alleged against them. ”

“ Penalty, Definition.—To practise medicine or surgery without a license or contrary to this chapter is a misdemeanor punishable with a fine of from $50 to $100, or imprisonment in a county jail from ten to ninety days, or both. Any person is regarded as practising who appends the letters “M.D.” or “M.B.” to his name, or for a fee prescribes, directs, or recommends for the use of any person any drug or medicine or agency for the treatment, care, or relief of any wound, fracture, or bodily injury, infirmity, or disease ”

“ The delivery of a warrant of commitment to a warden of a penitentiary is in no sense a service of a process, warrant, attachment, or other writ, within the meaning of the clause first above cited. The word 'process,' as used in that clause, evidently refers to process for bringing persons or property within the jurisdiction of the court, and not to warrants of commitment, by virtue of which criminals are transported from the court to the place of commitment. ”

“ If the physician might be allowed to usurp in a measure the confessor's chair at such a time as the present, I would say for your consolation, in the event of the worst termination to the child's illness, that your irresponsible condition, which rendered you incapable of appreciating the consequences of your act, and which would excuse you before an earthly tribunal, should have some weight with your inward judge. ”

“ Every free Man of full age is admissible as an Accuser, in a prosecution of this kind. Should, however, a Minor bring an Appeal, he shall be attached, in the manner we have before stated. A Rustic [503] is also admissible; but a Woman shall not be received to make an accusation in any plea of Felony, unless in some particular instances, concerning which we shall presently speak. But the Accuser may, in Pleas of the kind we are discussing, decline the Duel, either on account of his age, or by reason of his being adjudged to have received a Mayhem. ”

“ The attorney attends in capacity of midwife to his misfortunes, and most carefully delivers him of all his secrets, such as, how much property he is possessed of, how much he owes, and many other particulars very material to him ”

“ The clerk made out a formal summons, and the charge was preferred against me, with the customary exaggeration and the customary perversion of the truth on such occasions. The magistrate (an ill-tempered man, with a sour enjoyment in the exercise of his own power) inquired if any one on or near the road had witnessed the assault, and, greatly to my surprise, the complainant admitted the presence of the labourer in the field. I was enlightened, however, as to the object of the admission by the magistrate's next words. ”

“ The Chief Metropolitan Magistrate or the Chief Judicial Magistrate, shall, record the statement, if any, made by the person so produced and get his signature or thumb impression and if there is any complaint of torture, such person shall be directed to be produced for medical examination before a Medical Officer not lower in rank than an Assistant Civil Surgeon and thereafter, he shall be sent to judicial custody. ”

“ Petitioner is confined by the parole order to a particular community, house, and job at the sufferance of his parole officer. He cannot drive a car without permission. He must periodically report to his parole officer, permit the officer to visit his home and job at any time, and follow the officer's advice. He is admonished to keep good company and good hours, work regularly, keep away from undesirable places, and live a clean, honest, and temperate life. ”

“ If it be found that the petitioner be of sound mind and capable of taking care of himself and his property, his restoration to capacity shall be adjudged, and the guardianship of such person, if such person be not a minor, shall cease. ”

“ When a person who is to be attested is reported fit for duty, or has completed the prescribed period of probation, in oath or Affirmation shall be administered to him in the prescribed form by his commanding officer in front of his corps or such portion thereof or such members of his department as may be present, or by any other prescribed person. ”

“ The office of a plea is, to state on the record the answer of the defendant to the allegations of the plaintiff, but not to the evidence by which the defendant conjectures the plaintiff will endeavor to support those allegations. ”

“ But each man, with regard to his own case, or tax, or debt, must carry on his own defence; unless he be infirm or ignorant of pleading—for which sort of persons the "missi," or those who preside in that court, or a judge who knows the case for the defendant, shall plead before the court. ”

“ The Recorder. "Mr. Kidd, the Court tells you it shall be heard what you have to say when you have pleaded to your indictment. If you plead to it, if you will, you may assign matter of law, if you have any, but then you must let the Court know what you would insist on."
Kidd. "I beg your Lordship's patience, till I can procure my papers. I had a couple of French passes which I must make use of, in order to my justification." ”

“ The defendant, in his answer, 'claims to have been in uninterrupted and peaceable possession in good faith and under just title for more than twenty years, of the property or estate to which the said land sued for is attached and belongs, as long as the same has existed, and, under the said titles, he pleads the prescription of ten, twenty, and thirty years.' The court below finds the facts to be as stated in this plea, and decide the plea of prescription in favor of the defendant. ”

“ That the Surgeon who attended your Petitioner's son having certified that his death was occasioned by violence, several householders in Oldham and the neighbouring townships were served, late in the evening of the 7th of September, with summonses from the Coroner of the district, to attend the next morning at half-past ten o'clock, to serve as Jurors on an inquest to be held on the body of your said Petitioner's son. ”

“ Judge. Will you speak to the indictment, and then you may plead? If you will not answer guilty, or not guilty, we will record it, and judgment shall go against you. Clerk, enter it.
Recorder. Mr. Crook, if you will answer, you may plead for yourself: or will you take the oath? The court takes no notice how you came hither; what say you? Will you answer? For a man may be brought out of Smithfield by head and shoulders, and the oath tendered to him, and may be committed, without taking notice how he came here. ”

“ Nothing can be more disobliging than a refusal which is not grounded on some very strong and unavoidable cause,—except not coming at the appointed hour;—“according to the laws of conviviality, a certificate from a sheriff’s officer, a doctor, or an undertaker, are the only pleas which are admissible. ”

“ And be it further enacted, That upon affidavit made as aforesaid, by the claimant of such fugitive, his agent or attorney, after such certificate has been issued, that he has reason to apprehend that such fugitive shall be rescued by force from his or their possession, before he can be taken beyond the limits of the State in which the arrest is made, it shall be the duty of the officer making the arrest, to retain such fugitive in his custody, and to remove him to the State whence he fled, and there to deliver him to said claimant, his agent or attorney. ”

“ If she be your wife, make it appear in court, and she will be delivered unto you.
Par. If she be my wife! Sir, I have wedded her and bedded her: what other ceremonies would you have? Be not afraid, sweetheart.
Jolly. Sir, we can do no less than execute our warrant. We are but servants; and, master constable, I charge you in the king's name to do your duty. Behold the body of the delinquent.
Par. Touch her that dares: I'll put my dagger [479] in him. [He takes his dagger.] Fear nothing, sweetheart. Master constable, you'll repent this insolence offered to a man of my coat.
Bawd. ”

“ The Judge and probation officers, who are familiar with the boy, know his parents or guardians and his environments, should be allowed to exercise their judgment as to the moral responsibility of the boy, for there are many boys at fifteen who are more responsible for their acts than others at eighteen. ”

“ Thou shalt go and tell Mord to take witness and swear an oath, that the greater part of the inquest is rightly summoned, and then he shall bring that witness before the court, and then he may set the prosecution on its feet again; but he will have to pay a fine of three marks for every man that he has wrongly summoned ”

“ Provided always, That in all pleas, where the sum for which judgement shall be given shall amount to more than one hundred pounds, it shall be lawful for the plaintiff or defendant, as the case may be, to appeal to his Majesty in council, and upon notice of such appeal being signified to the chief judge of such court, within fourteen days after such judgement passed, and security given, to the satisfaction of the said chief judge, for prosecuting such appeal, the execution of such judgement shall be stayed. ”

“ This is a petition filed in this court for a writ of habeas corpus to be awarded to bring up the body of the infant daughter of the petitioner, alleged to be now unlawfully debarred from him, and in the custody of Mrs. ”

“ Whether a suit arises under a law of the United States must appear from the plaintiff's pleading, not the defenses which may be interposed to, or be anticipated by it. Petitioner's pleading, which we have summarized, satisfies this requirement since it adequately discloses a present controversy dependent for its outcome upon the construction of a federal statute. ”

“ The probation officer is present at the judge’s side when he decides a case, and is given charge of the offender, whom he takes by the hand, either at his parent’s residence or at school, and continually supervises, having power if necessary to bring him again before the judge. ”

“ The lawyers for the petitioners have not. In fact at the trial responses of the sheriff to questions asked him by petitioners' lawyer indicate that there was another patron in the library at the time the petitioners 'sat in' or 'stood up' there. ”

“ Petitioner does not so much as suggest that the action of any officer during the taking of the confession was accompanied by force or threats. His sole contention is that the incidents in the park foreman's office, coupled with the presence of nineteen officers in the District Attorney's office, render the confession which he made in the latter office involuntary. ”

“ Your troubles have just commenced; you are on the threshold of the department wherein you will have fiery trials, such as you have never had. Some who have been here for years will come around you and say—"Well, brother, or sister, how do you do? Do you like the country and people?" ”

“ A statement of defence may not be delivered except under order made on the summons for directions (which must be taken out immediately after the appearance of the defendant in answer to the writ) , nor a reply without special leave. The result of the present practice is to substitute “particulars,” i.e. specific statement of the details which the parties intend to prove, for the more general terms in which pleadings were formerly framed. ”

“ Almost all pleas, except those of the simplest kind, must be signed by a barrister; who does not usually draw the plea, but he merely draws the half guinea for the use of his name. The pleading begins with the declaration, in which the plaintiff is supposed to state the cause of action ”

“ Secondly, that 'all the forms of pleading heretofore existing are abolished.' The act proceeds to declare that the first pleading on the part of the plaintiff is the complaint, which shall contain, amongst other things, 'a plain and concise statement of the facts constituting a cause of action without unnecessary repetition.' Rev. Stat. 721. It provides that the defendant may demur for certain causes, but that other defences must be taken by answer. ”