vable in particular places; third, particular laws adopted by custom. In the United States, the decisions of our courts are the highest evidence of general customs, and form the common law of the country. The principles of the civil or Roman law, are introduced to some extent into our common law. Until the revolution, the English reports or decisions of cases are binding upon our

courts.

How long must a custom be continued to be good?

It must be used so long that the memory of man runneth not to the contrary. It must be without interruption. It must have been peaceable, acquiesced in without dispute: it must be reasonable: it must be certain. Customs established by consent must be compulsory. Customs must be consistent. The third branch of customary law, are regal constitutions of ancient kings; next, the twelve tables of the decemviri; statutes of the Roman senate or people; the edicts of the Prætor and the responses prudentum; the Institutes of Justinian; digests or pandects; new code; novels. The canon or ecclesiastical law is admissible where it introduces no new rule; when it does, it does not bind the laity.

How many kinds of statutes are there?

There are two: general and special, public and private. A general or public statute extends throughout the state, and is a rule that regards the whole community. Of this the courts of law are bound to take notice judicially and ex officio. Special statutes operate on particular persons and private concerns.

What are the rules of construction?

There are three points to be considered in the construction of all remedial statutes: the old law, the mis.

chief and the remedy: how the common law stood at the making the act; what the mischief was that the common law did not provide for; and what remedy is provided in the act for the mischief.

What is the business of the Judges?

It is so to construe the act as to suppress the mischief and enhance the remedy. A statute treating of inferior persons cannot be applied to superiors. Penal statutes must be construed strictly: strictly as to offence; liberally as to the offender. Statutes against frauds are to be construed liberally. One part of a statute must be construed by another, so that the whole may stand, if it can stand. A saving totally repugnant to the body of the statute, is void. Where the common law and statute differ, the common law gives place to the statute. If a statute that repeals another is itself repealed, it revives the statute repealed.

Are acts derogatory of the power of subsequent legislatures binding?

They are not. Acts pronounced irrepealable are repealable; acts that are impossible to be performed, acts contrary to reason, are void.

What is the design of a Court of equity?

A Court of equity is designed to detect latent frauds, enforce trusts and the execution thereof, to grant more specific relief, to remedy mistakes and aid misfortune, and deliver from dangers, beyond the reach of a Court of common law.

OF FEDERAL LAW.

What is our federal jurisdiction?

It is confined to cases which come within the constitutional range.

What suits are within its constitutional jurisdiction? All suits in law or equity arising under the constitution, the laws of the United States, and the treaties made or which shall be made under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty, and maritime jurisdiction; to controversies to which the United States shall be a party; controversies between two or more states; between a state and citizens of another state; between citizens of different states; between citizens of the same state holding lands under grants of a different state; and between a state, or the citizens thereof, and foreign states, citizens or subjects. This jurisdiction as to ambassadors and others named, and where a state is a party, is original; in other cases appellate.

What is the meaning of the word federal?

It means leagued or united. The Union was formed for specific purposes. These purposes are the encouragement of commerce; raising revenue; protecting the weaker members of the confederacy; encouragement to the useful arts; organizing and disciplining an army and navy, and creating proper defences for the country; making war and peace and providing munitions for war. With the domestic affairs of the states, it has no right to interfere; and can exercise only such powers as are delegated by the people.

OF CRIMINAL LAW.

What is crime?

It is a violation of law; either the commission or omission of some act commanded by law or forbidden by law.

What are public offences?

They are offences which affect the whole community. Private offences are a violation of private right, but do not always affect the public; but public wrongs always affect individuals as well as the public. They are a violation of private right also.

What are misdemeanors?

They are offences not strictly defined.

Does every crime include a private injury?

It does every public offence is a private wrong. In private offences, that alone is looked at; but in public, the private wrong is swallowed up in the public. The individual right is preserved by statute.

How should criminal law be founded?

It should be founded upon principles that are permanent, uniform and universal; and always conform to the dictates of truth, justice, humanity and the indelible rights of mankind.

What was the stoical doctrine as to crime and its punishment?

That all crimes and their punishment were alike.
Was this also the case in England?

It was except as to the smaller offences, until Doct. Goldsmith first suggested the propriety of apportioning the penalty to the crime committed.

Where is this rule as to punishment adopted?

In the United States, punishment is apportioned to the crime committed.

What is larceny?

It is the taking and carrying away any goods, money, or other article, with a felonious intent, or with an intent unlawfully to convert it to the use of the taker against the will of the owner.

How is it divided?

Into grand and petit.

What is grand larceny in the State of New York? It is the taking of any sum of personal property or money over twenty-five dollars.

What is petit larceny?

The taking any sum under it.

What is the punishment for grand larceny ?

State prison for a term of years. Not over five for a single offence. If in a house it may be increased three years.

What is the punishment of petit larceny ?

It is by fine and imprisonment in the county jail for a limited time. By imprisonment six months, or $100 fine or other smaller sum.

What is murder?

It is the killing a human being with malice aforethought. Any thing that shows premeditation, calculation and determination, is evidence of malice. The punishment is death.

What is manslaughter?

It is the unlawful killing of a human being without malice express or implied. It may be voluntary, or on a sudden quarrel, or involuntary when some unlawful act is being committed.