Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1847-12-23

disagreed with the amendment OF Senate
thus leaving the resolution IL stood originally vz the
2nd Monday in February.
Afterwards. message received from the Senate that
they receded from their amendment, the two Houses
stand Adjourned until the 2Dd Monday in January next
A NEW LAW DICTIONARY, OR JACOBS IL
Illustrated BY AN ATToRNEY.-ActaOR.-
tons are of two kinds, civil and criminal
To "lift' your neighbours note at the bank is
a civil action-very; but if you lift his shop.
It is "shop lifting" which is a criminal action,
and heavy offence against the laws OF de-
corum and gravity. 1t is rule OF the law
that "most personal actions die with the per-
son''-and, rice Uersa, sometimes the person
dies with the action, as where one, bv acct
dent or design, blows out his "brief candle
with pistol or other summary extinguisher
1t was anciently held that "all real actions
survive the person." but this doctrine was
somewhat modified by Chief Baron Shak-
speare, JuI. Ces. Act. 3, Sec. D. who dis
tinctly affirms that the rule is only applica-
bic to actions of reprehensible character
or "real bad" actions.
1.-The eril that men do lives after them,
The good is oft inferred with their bones"
Constructing ones ancient lights" is a
ground of action; but for constructions of
the liver'' no legal remedy has been devised,
which seems an unaccountable omission of
the law.
If man sell horse and warrant him to
be "good 'un to co." and it turns out that
the beast has "no action" to support the
warranty, the warranty will support an ac-
ton.
Acts of Agent.-It is maxim of the law,
"qui facit per alum, facit per se," which
means that when one procureS another to do
a certain act, he cannot shift the responsible
ity upon the agent, but must '.fdce 1t himself"
ASSunapSit from dSSumO-signifes any
promise to do OF to pay; Co. Lit. 90; and the
promise need not be express, but may be in
tended, or implied. Thus, if one wrongfully
take my horse, am at liberty to waive the
tort, Il. e. lay it aside by graceful motion
to the courD and sue in assumpsit. For the
law intends that the thief promised to pay
me for the horse, which intendment, since
the rogue never intended anything of the
kind, is very kind of the law. This, how
ever, is a matter of fction-to which the
law is extremely partial. See NOrels Of Jus
tinidn.
Wherever Indebtedness is shown, the law
presumes an assumpsit, or promise 10 pay.
Indeed, the presumption of the law (as well
as that of the lawyers) is excessive, and
sometimes manifestly absurd-as where the
law presumes that every man is master of
his own wife,-lor which violent presump-
ton it has been recently held I'm re Bundle
ct uro,-Oliv. TWIST that ''the law is an ass"
Where money is paid by mistake, (Which
is not common, the mistake generally con-
sisting in non-paymenD asSumpslt lies; and,
provided the adverse witnesses do not lie also,
the plaintiff will recover back his money.
But it is now settled that where one pays
money to public charity under mistaken
notion that the donation would be published
in the Gazette, assumpsit will not lie TO recov-
er back the money.
| Attachment 50 An attachment" saith Lord
Coke, sis compulsory process TO bring a
man TO court" and herein is manifest the
mercy of the law, which confines this arbi-
trary power to the discretion OF wise and
learned Judges, who will not lightly issue this
process at the instance of impatient widows
and desperate spnsters.
1t is note worthy that in the Court of Gu
pid the attachment should, regularly, precede
the "declaration," while in the Kings Bench
the contrary is the usual practice. As TO the
ground of an attachment in the former court,
the rule seems to be very unequal and uncer-
tain A manor in some cases has been held
Sufficient ground" for very strong attach
ment, while In others, all the manners in the
world, have been displayed to no purpose.
Areyment,-from Uerifcdtio,-is an offer
of the defendant to Justify an exception
pleaded by him in abatement. Co. Lit. 362.
Or, in other words, an averment is an assur-
ance respectfully rendered to the court that
the party is ready to justify the lalsity OF his
plea by the perjury of his witnesses. But
how the perjury is to be justified" is not
set down.
Bnrister,-"a counsellor learned in the
law" This class of persons, it would seem
from the definition, is nearly '.gone extinct"
By an ancient custom, "baTisters who con-
tinually attend the Kings Bench have the
privilege, in the County of Middlesex, of be-
ing sued, in transitory actions, In that coun-
ty only" But by the more liberal customs
of the United States, barrister may be sued
wherever his creditor can catch nina priv
ilege which does not appear to be held IN
very high estimation.
Benefit of Cle,gy.-What is meant by
this phrase is not very well understood. 1t
does not appear to have any reference TO the
public advantage derived from ''the stated
preaching of the gospel" nor yet 10 allude
to the revenue accruing to pastors from
tithes, salaries, or "clergy reserves" Benefit
of clergy is supposed to mean that merciiul