The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1847-10-15
New Law Dictionary.
ny An ATTOREEY.

New Law Dictionary.
ny AN ATTORGEY.
Authorizations are of two kinds, civil
and criminal. To 'liIt' your neighbours note
at the Bank is a civil action-vcry but if
you lift his shop, it is sshop-lifting,' which
is a criminal action, and heavy offence
against the laws of decorim and gravity.
II is rule of the law, that most personal
actions die with the person'-and rice rersG,
sometimes the person dies with the action,
as where one, by accident or design, blows
out his brief candle with pistol or other
summary eXtinguiSher.
1t was ancien,ly held that ''all real ac-
tons survive the person. but this doctrine
was somewhat modified BY Chief Baron
Shakespeare, (Jul. Cas-, Act 3. Sec. p
who distinctly anrms that the rule is only
applicable to actions of reprehenSible char
acter-or "real bad' actions.
''The evil that men do. live after them
| The good is oft Inferred with their bones"
"OJStructing ones ancient light is
ground of action; but for constructions of
the liver" no legal remedy las been devils
ed, which seems an unaccountatlc omission
OF the law.
| II a man sells a horse and warrant him 10
| be a 'gocd 'un 10 CO." and it turns out that
/ the beast has ''no action" To support the
warranty, Tie warranty WIN support an ac-
! ton,
| Acis of Aqeni.-It is {, maxim Of the law.
''gui iacit per alum, facit per se," which
means that when one procures another to
do n certain act, he cannot shift the reSpon-
sibility upon the agent, but must .'iace il
himself"
AsSumpSit-from Gssumo-sicnifes any
promise TO do or to pay: 4 Go. Lit. 81 and
the promise need not be express, bat may
be intended or implied. Thus, ifone wrong
fully take my horse, am at liberty TO wdirt
the tort, ii. c. lay it aside by graceful mo-
ton to the court, and sue in assumpsit
For the law intends that the ,hief promised
to pay me for the horse, which intendment
since the rogue never intended any sucl
thing, is very kind OF the law. This, how
ever. is a matter of fction-to which the
: law is extremely partial. See Novels o
JustiDan.
Whenever indebtedness is shown, tn,
law preSumeS an aseumpsit or promise 4
pay. Indeed, the presumption Of the law
4 as wen as that of the lawyers is excessive
a and sometimes maniteStly absurd "a
t where the law presumes that every man i
master of his own wiie-for which violen
\ presumption it has been recently held, (in r
c Bundle ct uxor-Olv. Twist ''that the Law
G is an ASST
Where money is paid by mistake. (whcI
n is not common, the mistake generally con
= sisting in non-payment) asSumpsit hes and
d provided the adverse Witnesses do not Ii
e also, the plaintiff will recover back his mon
| ey. But it is now settled that where on
e pays money to a public charity under til
!. mistaken notion that the donation would b
published in the Gazette, assumpst viii nc
!. lie to recover back the money.
! iHachaent.--''A An attachments" salt
Lord Coke, sis a compulsory process t
Il bring n man TO court" and herein is mani
e fest the mercy Of the law, which coniine
t the arbitrary power TO the discretion of wis
II and learned judges. who will not lightly is
n sue this process at the instance Of impater
! widows and desperate spinsters.
! tits noteworthy, that in the Court Of Gu
pid the attachment should regularly proceed
d the ''declaration," while in the Kings Bcnc
5. the contrary is the usual practice. AS
n the ground of attachment in the former cour
le the rule seems 10 he very unequal and III
o certain. \ manor in some cases has bee
II held "suilicient ground" for very stror
1t attachment. while in others, all the mal
ners in the world have been displayed TO |
- purpose.