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to be considered in assigning his punishment. Some contrive the mischief, and are leaders in its commission: others, drawn into it by the contagion of evil example, or impelled by accidental excitement, give countenance to it by their presence, words, or actions, and thus become legally amenable, though perhaps with less degree of criminality, for the offence.

'A riot will not be justified by an apparently useful and laudable object as to put down a house of ill fame, or a common gaming house, or to remove other great and confessed nuisance. The law provides a peaceable and adequate remedy for all evils of this description: and nuisances are rarely of such rife and malignant character, as to require to be removed by the hand of violence. For this supposes the temporary destruction of all those rules on which the order and safety of society rest. The utmost danger may be apprehended to arise from assemblies of people, enraged with passion, and led away by the spirit of misrule. From the destruction of the haunts of vice and crime, they will proceed to plunder the habitations of industry and innocence: and hence, it is matter of great moment, to know to whom the law assigns the duty of suppressing an evil of such magnitude.

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'The law of this commonwealth requires justices of the peace to cause to be stayed and arrested, all affrayers, rioters, disturbers and breakers of the peace; and such as shall go armed to the fear and terror of the good citizens; - and for this purpose they may command the assistance of every sheriff, deputy-sheriff, constable, and all other persons present at any affray, riot, or other disturb ance of the peace.1

'The act of 1786, ch. 38, enacts, that where any persons to the number of twelve or more, armed with clubs or other weapons, or where any number of persons consisting of thirty or more, shall be unlawfully, riotously, or tumultuously assembled, any justice of the peace, sheriff, or deputy-sheriff of the county, or constable of the town, shall make open proclamation among the rioters, or as near to them as he can come, and charge all persons so assembled, immediately to disperse themselves, and peaceably to depart to their homes.

'If any persons so unlawfully assembled, should not disperse themselves within one hour after proclamation made, or attempted to be made, it is lawful for any officer to command sufficient aid to seize such offenders; and to require an armed force, if the rioters shall appear armed: should any of the latter be killed or

1 Acts of 1783, ch. 51, and 1794, ch. 26.
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VOL. VII.-NO. XIII.

wounded by reason of their resistance, the magistrate or officer, and his assistants, will be indemnified and held guiltless :— but, on the contrary, if the magistrate or officer, or any of his assistants, should be killed in their endeavors to restore the peace, and to arrest the offenders, it would be murder in all those who were guilty of the riot.

'This statute does not alter or impair the common law, "which is always clearer and generally wiser than any statute,” being the condensed wisdom of ages, founded on reason, and transmitted, as an invaluable inheritance, from remote antiquity. According to this system, the sheriff represents the sovereignty of the government in his county, and is bound by the obligation of his office, to arrest offenders and to suppress tumults. His power is proportioned to the exigence of the case. The force to be applied is to be regulated by his discretion; and whatever force used by him, can be shown to be necessary for the restoration of the peace, will be justified by the occasion. As it is the duty of every good citizen, especially of all inferior peace officers, and of all public functionaries, of every degree, to render their aid in support of the laws, it belongs to the sheriff to call them forth, with such arms and preparation, as the case may require. It is not necessary, however, for a citizen to wait on these occasions to be called forth by a summons from the sheriff or magistrate. No one of such character may be present for the purpose. All that is ever required, to justify a citizen in such interference, is the existence of the necessity, and such prudent measures on his part, as will show, that he interposes to preserve the peace, and not to increase the disorder.'

Stearns on Real Actions. The second edition of this work has just been published. A table of cases cited, being about five hundred in number, is prefixed, which was wanting in the first edition. Very considerable additions have been made to the text, amounting to fifty four pages out of about four hundred and fifty. Cases in relation to the subjects decided since the publication of the first edition in 1824, in Maine, New Hampshire, Massachusetts, and in the circuit court of the United States for the district including those States, and in the Supreme Court of the United States, have been added in this edition. An alteration is made by incorporating the references into the text, instead of placing them at the bottom of the page. Where the references are not too numerous, this is perhaps the best disposition of them in the page. The paging of the former edition is preserved so

Three

that references to that, will be correct for this, edition. precedents of writs have been added, one, entry sur disseizin by assignee of mortgage, setting forth the deeds of mortgage and assignment with profert, p. 405, appendix p. 405; another, entry sur disseizin by mortgagee against mortgager, setting forth the deed of mortgagee and the condition therein contained. A precedent is given also, app. p. 426, of a plea that the demandant, who sues as minister, had resigned his office pending the writ.

Another very material improvement, as we have understood, is, that the edition is printed more correctly than the former one.

Chance on Powers.

Mr. Henry Chance has published the first volume of his work on powers. The fifth edition of Sugden on the subject is about issuing, or may have already issued, from the press. Mr. Chance's work is to consist of two volumes. The first volume is noticed in the London Legal Observer for Sept. 3d; but we do not learn from the reviewer whether, in his opinion, Mr. Chance's work is superior or inferior to that of Sir E. Sugden. Without analysing the volume of Mr. Chance's work and comparing it with that of Sir E. Sugden on the same topics, he speculates on the probability of Mr. Chance's being able to improve upon his predecessor.

Smith's Reports of Decisions in the Circuit Courts Martial of Maine. The state of Maine has established circuit courts martial in the various districts into which the state is divided for this purpose, consisting of three judges and a judge advocate in each district. This system is apparently much less expensive than that now in practice in some other states. It has the other advantage of tending to establish uniform modes and rules of proceeding. A small volume has been published by Mr. Francis O. J. Smith comprising reports of twenty-three cases that have been tried in these courts in the various circuits of Maine since 1827; with an appendix of practical forms of proceedings. This publication is made in pursuance of a resolve of the legislature. Mr. Smith says, 'This little volume' is 'the first of the kind ever published under any government.' To give our readers some notion of the work we will cite a few of the abstracts of points decided.

ANSWERS. A neglect by the respondent to file answers to the charges and specifications preferred against him, is not tantamount to a plea of guilty; but the Division Advocate must make out a case for government, in evidence. State v. son, 7.

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DUTY. A company called out to an election of officers cannot be required to perform further duty, after the elections have been completed. State v. Akers, 61.

DRUNKENNESS. Drunkenness in an officer on parade is an offence within the cognizance of the Court to punish. State v. Wadsworth, 66.

MUTINY, AND EXCITING TO MUTINY. Offences technically denominated Mutiny, and Exciting to Mutiny, can only be committed in the militia when in actual service. State v. Pattee et als. 32

ORDER. If an order be understood by the officer to whom it is addressed, as directed to him, he will be holden to obey it, although his name is mistaken and he is addressed by a different State v. D. S. Hill, 83.

name.

The practical forms in the appendix are those of the complaint, specification, sentence, subpoena for witnesses, and answer of respondent.

MISCELLANY AND INTELLIGENCE.

Proceedings of a meeting of the Bar of New Orleans on the subject of Want of Punctuality on the part of the Court — Superficial Examination for admission to the Bar-The appointment of additional Judges of the Supreme Court of Louisianaand the establishment of a Circuit Court of the United States for the district of Louisiana.

At a meeting of the members of the Bar of New Orleans, on Friday, December 23, 1831, Moreau Lislet was called to the Chair, and Alfred Henning was appointed Secretary.

Mr. George Eustis reported the following resolution :

Whereas in consequence of the organization of the Supreme Court as an appellate court, there being no witnesses nor jurors in attendance, and seldom any audience at the sessions; no direct intercourse existing between the court and the public, it being held between the court and the bar alone; the public is not cognizant of various things which occur in relation to the administration of justice in that court; a peculiar obligation therefore is imposed on the members of the bar, who are charged with important duties by their profession and who have their stake as citi

zens in every thing relating to the common weal, to make known to the court and the public such matters of grievance as are of public concernment, and which they believe it to be in the power of the court to redress.

Be it therefore resolved,

That the want of punctuality in commencing the business of the Supreme Court at the appointed hour, particularly on Monday morning of each week, during which time the attendance of the members of the bar who have causes in that court, is a matter of necessity, is a grievance. Any hour that the court will fix will suit the convenience of the bar, provided that hour be punctually observed:

That the examinations of candidates for admission to the bar have not been conducted with that strictness necessary to ascertain thoroughly their qualifications for the important duties of the profession. This matter is of deep interest to the bar as well as to the public.

On motion of Mr. Rost, seconded by Mr. Watts,

Resolved unanimously, That said Resolutions be adopted.

Mr. Slidell, from the same committee, reported the following address to the Judges of the Supreme Court:

To the honorable George Matthews, Francis X. Martin, and Alexander Porter, junr. Judges of the Supreme Court of Louisiana.

The members of the Bar of New Orleans, beg leave to address you on certain matters touching the respective relations of the Bar and the Bench, which are of deep import to the public weal. For several years past, the Supreme Court has established the practice of calling the causes on its docket, on the morning of Monday of each week, while the court is in session, and 10 A. M. has been the hour fixed for its opening. The court has an unquestionable right to adopt any rules of practice, not inconsistent with legislative or constitutional provisions, which will enable it to discharge with the greatest convenience to its own members, the high and responsible duties confided to it. In this respect, we do not pretend that there is any other limit to the discretion of the court, than that which is necessarily imposed by the obligation of granting a full and impartial hearing to parties litigant, and of giving to the causes submitted to their decision a prompt but patient investigation. We have no fault to find with the present mode of fixing causes for argument. We believe it to be as convenient as any other that can be devised; but we do complain that from the inobservance by the court of its own rules, we

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