Sec. 110. Forfeiture of land. "Duke Fr. But look to it; Find out thy brother, wheresoe'er he is. Thy lands and all things that thou dost call thine This is tantamount to a declaration on the part of the Duke, to forfeit the title of Oliver, to his lands and tenements, unless he can deliver his brother, Orlando, to the Duke within a year, and to confiscate, by seizure and attainture all the lands of which he is seized. It was the principle of the common law-still recognized in the law of real property-that the paramount title or right to the property of the citizen rested in the sovereign, or Government, and that for just cause this title could be forfeited, or confiscated. Sec. 111. Writ extendi facias. "Duke Fr. Well, push him out of doors, Make an extent upon his house and lands."3 After declaring that he will confiscate and forfeit all the lands of Oliver, if he does not deliver Orlando to him within a year, the Duke, in this verse, advises Oliver to turn the real estate, "his house and lands," over to the proper officer of the Duke, under a writ extendi facias. This is the writ, that, at common law, issued, after forfeiture or judgment, against the lands and tenements of the person named in the writ. Writs fieri facias, issued against the personal estate of the debtor, while extendi facias, issued against his real estate and, in this connec 'As You Like It, Act III, Scene I. Tiedeman, R. P. (3d Ed.). Sec. 1. tion, it is noteworthy that the Poet uses the terms properly, for the writ is spoken of as one properly reaching the real estate of the absent Orlando.1 Sec. 112. Vacation of court. "Ros. Orl. I'll tell you who time ambles withal, who time trots withal, who time gallops withal, and who he stands still withal. Ros. With lawyers in the vacation: for they sleep between term and term and then they perceive not how times moves.' 112 In practice, the space of time for which a court holds its session, is called a "term"3 and the period of time. between the end of one term of court and the beginning of another term, is called the "vacation." In vacation, as only the most urgent orders and rules are made by the Judge, in Chambers, this is the dull season for lawyers, when they could properly "sleep" so that they would "perceive not how time moves." Sec. 113. Jointure. "Ros. Nay, an you be so tardy, come no more in my sight; I had as lief be woo'd of a snail? Orl. Of a snail? Ros. Ay, of a snail; for though he comes slowly, he carries his house on his head; a better jointure, I think. than you can make a woman.”5 'Furness shows that the terms are not properly used in this connection, as the writ extendi facias, only issued after judg ment or a forfeiture, but as the declaration of the Duke is tantamount to a forfeiture of the goods, lands and property of Orlando, and a declaration of an intent to also work a forfeiture of Oliver's lands, the use of the terms is not so inappropriate, after all. 2 As You Like It, Act III. Scene II. Bouvier's Law Dictionary. 'Ante idem. 5 As You Like It, Act IV, Scene I. 156 A "jointure," in the broader sense, is a joint estate limited to both husband and wife.1 At common law, a jointure was said to require a competent livelihood of freehold, for the wife, in lands or tenements, to take effect, in profits, or possession, after the death of the husband. It was essential that the estate be limited to the wife herself; that it be in satisfaction of the wife's dower and that it should be made before marriage. If so created, the jointure would bar a claim for dower, in the lands of the husband, if this estate was claimed, but otherwise not." 3 A bridegroom, presenting a house, by way of jointure, to his wife, before marriage, would create such an estate in her by way of "jointure," if the gift was so conditioned, hence the application of the term is proper, in the way it is used. Sec. 114. Acts by Attorneys.— "Orl. Then, in mine own person, I die. Ros. No faith, die by attorney. The poor world is almost six thousand years old and in all this time 12 Bl. Comm. 137; Tiedeman, R. P. (3d Ed.) 117. 2 Cruise Dig. tit. 7; 2 Bl. Comm. 137. 32 Bl. Comm. 137. In bidding for the hand of Bianca, in Taming of the Shrew, Tranio is made to say: "Tra. I'll leave her houses, three or four as good, Within rich Pisa's walls, as any one, Old signior Gremio has in Padua; Besides, two thousand ducats by the year, Of fruitful land, all which shall be her jointure." (Act II, Scene 1.) Lewis, of France, thus replies to Warwick, in 3' Henry VI: "K. Lew. And now, forthwith, shall articles be drawn, Touching the jointure that your king shall make." (Act III, Scene III.) On the reconciliation, in Romeo and Juliet, Capulet is made to say, to Montague: "Cap. O, brother Montague, give me thy hand: This is my daughter's jointure, for no more (Act V, Scene III.) there was not one man died in his own person, videlicet, in a love cause." The use of the term "Attorney" here is in the sense of one appointed by another to perform some act for him, as distinguished from an attorney at law, who, as an officer of a court of justice, is retained to perform some service in connection with a pending cause before the court. An attorney in fact is one who acts under a special appointment for the commission of some certain act, or the performance of general acts in some particular business. The play upon the word is in the legal sense only, for instead of dying in his "own person," the request is that he die by "attorney." Acts by attorney, are very properly distinguishable from those in one's own person and while the effect in law, is the same and the principal is liable for the acts of his attorney, duly authorized, the same as if personally performed, this, of course, could not be true of such an act as that mentioned for to die, by an attorney, would be not to die in person. Sec. 115. Examining Justice. "Ros. Well, time is the old justice that examines all such offenders and let time try."" The comparison of an examining magistrate to Time. that tries all offenders, is, in accordance with the uni 'As You Like It, Act IV, Scene I. * Bacon, Abr. Attorney; Story, Agency Sec. 25. Speaking of his offices in wooing Margaret for his sovereign, Suffolk said, in 1' Henry VI: “Suff. . . And yet, methinks, I could be well content. To be mine own attorney in this case." (Act V, Scene III.) Suffolk urges the King, in favor of Margaret, in 1' Henry VI: "Suff. Marriage is a matter of more worth, Than to be dealt with by attorneyship." (Act V. Scene V.) 2 As You Like It. Act IV. Scene I. versal law of compensation, which rewards or punishes all offenders of the law, an apt comparison. Time, in the law, often furnishes legal presumptions, for or against a criminal, according to the facts and circumstances surrounding the crime, which makes the similitude the more complete.1 'Bouvier's Law Dictionary, Time. |