Page:The Green Bag (1889–1914), Volume 25.pdf/75

 64

The Green Bag

of Cheap." During those early days it was essential that the venue be laid in the parish, town or hamlet, as well as in the County, for although the venue to the action had come into use, the fact venue had not fallen into complete dis use; it was still thought necessary to summon the jurors, or at least part of them, from the immediate neighbor hood of the fact in issue.41 In 1706, in the fourth year of the reign of Queen Anne, a statute was enacted which directed that the jury were no longer to be summoned de vicineto but that they should come de corpore comitatus.42 Then it was that the parish and ward were dropped from the venue. The pleaders, however, still held fast to the viz., to-wit, or ss., andLondon, ss., and Middlesex (to wit) became the usual

forms, notwithstanding the fact that the to wit and ss carried no meaning with them. And it was from these meaning less forms we inherited our present ss. The political divisions of the states, however, wherein the great body of courts are county courts as to their jurisdiction, in adopting the pleadings and rules of the mother country, in a way, brought back into real use the ss of earlyState English of Newdays. York ) Now „ we have

41 Bouvier's Institute, Bk. 4, tit. 8, chap. 4, sec. 2. §2. 41 Ware against Boydell, 3 Maule and Selwyn's Rep. 148. 4 Ann. C. 16, s. 6. Note to Arundel's Case, Coke's Reports, Part vi, 14a.

it would still mean, having the same force and effect it had in the days before 4 Anne, "In the State of New York but more particularly in the County of Albany."

County of Albany ) in which the printer, in his desire to make the venue of neat appearance, has helped us to hide the significance of the ss by placing it after the bracket. But if we should write it State of New York, ss. ) County of Albany )

Jim By Edwin Thomson T T E came from up in I-o-way, A 1 O somewhere in the dim And distant past, we've heard folk say, This man whom we call Jim. His greatness lies in just one thing: With care does he select The "Your wordsHonor, that make I object!" the court room ring,

E'en Stenor in his heraldry Had not a voice so loud As this when with garrulity, And with mien that is proud, He states excuses that would tire Astrae, who'd protect Herself and bid him to retire, But he'd say, "I object!"