FREE BOOKS

Author's List




PREV.   NEXT  
|<   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138  
139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   >>   >|  
e he decides himself, and so far becomes a _judicial_ officer: cases beyond his own jurisdiction he sends to the attorney-general, directing him to draw an impeachment against the offending party: he also enforces all penalties below a certain amount. Of the _judicial_ body we shall speak a little more at length. The principal officers of the court are the judge who is elected monthly by the committee, and the attorney-general who is appointed at the same time by the master. The court assembles every week: and the jury, consisting of six, is 'chosen by lot from among the whole number of qualified boys:' disqualifications arise in three ways; on account of holding a judicial office, on account of conviction by the court within the preceding month, and on account of youth (or, what we presume to be tantamount, being 'in certain lower classes'). The jury choose their own foreman. The attorney-general and the accused party, if the case be penal, and each disputant, if civil, has a _peremptory_ challenge of three, and an unlimited right of challenge _for cause_. The judge decides upon the validity of the objections. Such is the constitution of the court: its forms of proceeding we cannot state in fewer words than those of the Experimentalist, which we shall therefore quote: 'The officers of the court and the jury having taken their seats, the defendant (when the cause is penal) is called to the bar by the crier of the court, and placed between the constables. The clerk of the court then reads the indictment, at the close of which the defendant is asked if he object to any of the jury--when he may make his challenges (as before stated). The same question is put to the attorney-general. A short time is then allowed the defendant to plead _guilty_, if he be so disposed: he is asked no question however that he may not be induced to tell a falsehood: but, in order to encourage an acknowledgment of the fault, when he pleads _guilty_--a small deduction is made from the penalty appointed by the law for the offence. The consequence is--that at least five out of six of those who are justly accused acknowledge the offence in the first instance. If the defendant be determined to stand his trial, the attorney-general opens the case and the trial proceeds. The defendant may either plead his own cause, or employ a school-fellow as counsel--which he sometimes does. The judge takes notes of the evidence, to assist him in delivering his charge
PREV.   NEXT  
|<   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138  
139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   >>   >|  



Top keywords:

defendant

 

general

 
attorney
 

account

 
judicial
 

question

 

appointed

 

offence

 

guilty

 

challenge


accused

 
decides
 

officers

 

stated

 
allowed
 
disposed
 
induced
 

constables

 

called

 
jurisdiction

falsehood
 

challenges

 

object

 

indictment

 
officer
 
encourage
 

employ

 

school

 

proceeds

 

determined


fellow
 

counsel

 

assist

 

delivering

 

charge

 

evidence

 

instance

 

deduction

 

pleads

 
directing

acknowledgment

 
penalty
 
justly
 

acknowledge

 

consequence

 
amount
 

holding

 
disqualifications
 

office

 
conviction