New Jersey Law Reports Volume 11

New Jersey Law Reports Volume 11

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: In the one case, the writ, it is said, required the sheriff to summon men of prescribed qualifications. In the other case, the statute makes a like requisition. If the panel returned with the writ served as a certificate that the persons summoned were thus qualified, the panel returned under the statue must, by the same process of reasoning, perform service. In this assignment then there is no ground for reversal. 3d..The third error assigned is 'f that by the record and pro-.ceedings it does not appear when, where, by whom, and before..whom, the said persons supposed to be the said grand jury were.-sworn, affirmed and charged." This objection was, on the argu---1nent, 'pointed at the omission of the words "then and there " in.the caption which reads " by the oaths of," &c., and the solemn The caption in this particular is according to the form given in 'the case of The State v. Gustin; a precedent deliberately settled-and publicly sanctioned by this court; which has been since fol-;lowed generally, perhaps universally; and the record of almos-t-every sentence in force at this hour exhibits, it may he presumed, -.a similar caption. A precedent thus set, thus sanctioned, and.-l.lUS pursued, ought in a matter of this nature, obviously of no.-very deep interest or importance, to receive our unhesitating acquiescence and support. Let us, however, examine the caption without reference to this authority.' In grammatical construction there is no incongruity and can be as little doubt. "At a Court of Oyer and Terminer and General Gaol Delivery held on the 4th Tuesday in May, 1827, by the oath and affirmation of good and lawful'men, sworn, affirmed and charged to enquire, it more

Product details

  • Paperback | 168 pages
  • 189 x 246 x 9mm | 313g
  • United States
  • English
  • black & white illustrations
  • 1236920872
  • 9781236920874