The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1851-02-12

CnIttenden COunty-Detter known aS au-
thor of the " Briefless Barrlster." The
following may be safely credited, we pre-
sumo, 10 the same hgh legal authority
EsauIRE-from the French ecuyer-
one who carries shield. Sir Edward
Coke says tha, every esquire is geIite-
man-and gentleman is one who bears
coat armour. L. |. 66S. Thus il ap-
pears that the practice-so prevalent
now-a.days-of distinguishing gentle
men by their coats, is quite ancient =
so old, indeed, that it is no gre,, wonder
it should be rather childish. That one
should be considered gentleman aud
called square, and that another
should pass for scullion, merely because
the former has a coat of arms, and the
latter no arms to his coat; or, what
amounts to Il e same thing, is little "out
at the elbows" is very Notifying re-
Election on the discrimination of man
kind. See ISartor Resdrtus. 1t ought
to be observed, however, that all the au-
thorilies do not agree with Sir Edward
Coke and his followers. Blunt, who
seems TO have been very acute thinker,
acknowledges that it is somewhat ditli>
cult 10 define a real gentleman, but
says very plainly that mo estate, how
ever large, can confer this rank upon its
owner.
EsToPPEo- from etoupcr, Fan im>
pedment 10 an action arising from q
mau's own act. Co. Lit. 322. The lie.
gal impediment here mentioned obviously
derives lis name from its analogy TO the
case Of one who, having indiscreelly
corked his bottle TOO tight, finds, after
wards, when he would enjoy the right of
a draught, that he is stopt by his own
stopple.
EvIDENcE-proof by testimony Of wit
nesses on oath, or by writing, or records
1t is a rule of the law that " hearsay is
no evidence" But to this maxim there
are several exceptions, of which the most
notable is that relating to impeaching
testimony. If the point in dispute be
whether certain dog is accustomed to
bite sheep, the court will take nothing
less than the witnesses personal knowl-
edge of the matter, hut if the question
be whether A. B. is liar, and accus-
toned to bite men in respect to his prom
lses, then hearsay is not only adj
missible, but the law won't hear the
witness say anything else )! Such is the
profound obscurlty of the law, that ii i:
| often necessary to examine the Re
; ports to see what it is; but one woulC
suppose that facts ought to be settled oil
more substantial basis than Rumor.
characterization the French Erche
guier. Camden says that the Court O
Exchequer took its name from the parll
colored cloth which anciently covered
the board around which the judges sat
Bracfon, p. ll3. This board Of Ex
4 chequer seems to have been the oldes
chequer-h board Of which there is any an
Il thentic accounts. having been manuiac
i tured in England under the reign of tn,
y Saxon kings.
FEEs-certain perquisites allowed 4
attornies and others in the administra
ton of Justice. The law hath great re
g spcct for fees. Certain things are sal
, to he odious TO the law, such as dilator
pleas, winch are not at all pleasing /
any one but the pleader. Bot this can
- no, be averred Of fees, without which
>. would be quite impossible to maintal
y either the aw-or the lawyers. Fee
e are of several degrees and kinds, lhoug
] all fees are considered BY altornies a
y kind according to their degree.
d 4 limited fee-is where the lawyer
" pre- advised that he shall have so muc
for his service and no more.
! A conditional fce-is where the al
Il. torney's reward is made to depend o
!, the event of the suit.
b. Where the counsellor takes only sr
y, gle fee it is termed fee simple, but if
N afterwards accept fec from the olht
e side, The latter is termed a base fe
Holding a base fee is considered di
honorable tenure, and conveyances ,
= this snr, are pretty much gone into de
in sue,ude. Although this kind of fee
y not at present in good repule, there ca
he little doubt that its would 60 far M
l. nly to enrich the lawyers, but 10 preyer
! that vocifcrous zeal, and indecent Gu:
le tom of recrimination which, nova day
y characIerizes the profession.
re FINE-The law has great deal 10 sa
'e about fines, of which it mentions man
= sorts. One kind of fine consists in
u compulsory levying OF money-but viii
"a there is so very fine about this proce'
.. as to eniile il 10 that cncomiasiic ep
W the,, il is quite impossible to conjcciur'
e. Perhaps the phrase comes from the I.atl
I'd fnis. on the hypothesis tha, the fine
I'd the end or object Of the law for the vic
IT, laiion of which the fine is ostensbly in