Page:The New International Encyclopædia 1st ed. v. 12.djvu/39

* LAW. 27 LAW. oner may demur to the indictment on the ground that it is in law insuflicient in force or substance. (See Demxereb. ) He may plead in abatement, setting up any facts showing want of jurisdiction in the court or other reason why he should not be placed upon his trial : he may also plead a former conviction or acquittal. If the prisoner is unsuccessful upon his de- murrer or the pleas already referred to, he • must plead to the merits by a plea of either guilty or not guilty. A plea of guilty in effect admits the charge and is equivalent to a con- viction after trial. A plea of not guilty puts in issue the indictment and places the prisoner upon his trial before a jury. (See Jubt; Pixad- ixg: Tbial.) Upon verdict of the jury of not guilty the prisoner must be discharged. If the jury fails to agree upon a verdict the prisoner may again be placed upon trial before a new jury, or if the verdict be guilty he must be sen- tenced* to undergo whatever penalty the law pro- vides for the crime. ( See Puxisumext. ) Before sentence the prisoner or his counsel may move to arrest the judgment because of some material error in the proceedings appearing on the record, or he may move to set aside the verdict because not supported by the evidence, or because of newly discovered evidence. Upon denial of this motion the prisoner may be sentenced, the sen- tence being the judgment of the court fixing and directing the punishment of the prisoner accord- ing to law. The English common law of crime has been adopted in most of the States of the United States, with some statutorj- modification and ad- dition. In a few States the criminal law has been codified, and it is thus in these jurisdic- tions entirely statutory. The law of procedure, while substantially changed bj- statute in all of the States in matter of form, varies in no im- portant particular from the substance of the procedure at common law which has here been outlined. As the several States upon the formation of the Federal Union retained their jurisdiction over crime, the Federal Government has no common- law jurisdiction over crime, nor can it have any statutory jurisdiction over crime except over such crimes as in some way interfere with the power delegated to it in the Constitution by the several States, including such as arise in territory' sub- ject to its exclusive jurisdiction. For a discus- sion of the elements of a crime, of the place where a crime is pimishable. and other matters affecting the liability, trial, defense, and punish- ment of crime, see such topics as Attempt; Jeopardy: .Icstificatiox : Jurisdictiox ; Jcdg- siENT; Prixcipal, etc. For a discussion of particular offenses against a government, see Treasox ; Bribery: Extor- Tiox : Champerty : M.ixtexaxce : Barr.try : Embracery; Coxtempt; Per-jiey: Rescue; Prisox Breach ; Affray. For offenses against public peace and health, see Affray; Riot; Forcible Extry; Libel; Slaxder ; ExGROSSiXG ; Forestallixg. For crimes against religion and morality, see Blasphemy; Adultery; Bigamy; Seduction; Abduction ; Abortiox ; Forxicatiox. For offenses against the person, see As.s.ult; Batteby: M.yhem; Homicide; M.xslaughter ; ^Iubdeb; False Impbisoxmext; Rape; Robbeby. Vol. XII.— 3. For offenses against the dwelling-house, see Arsox; Burglary. For oflenses against property, see Larcexy; Embezzlemext; False Pbetexse.s; Malicious Mischief : Receiving Stolen Goods; Forgery; couxterfeitixg. For maritime offenses, see Piracy; Barratry. Consult the authorities referred to under Crimixal Law; .Jurispbudexce; Coxstitutiox- AL Law ; and many of the titles above referred to. LAW, Feudal. See Feudausm. LAW, iLRTiAL. See IIartial Law. LAW, Milit.ry. See JIilitary Law. LAW, MuxiciPAL. See Muxicipal Law. LAW, Edmuxd (1703-87). An English prel- ate and metaphysician, born at Cartmel, Lan- cashire, and educated at Saint John's, Cambridge. He was for nine years (1737-46) rector of Grey- stoke, Cumberland; became Archdeacon of Car- lisle in 1743, and master of Peterhouse in 17.54; and in 1708 was elected Bishop of Carlisle. Among his works, which are marked by painstak- ing investigation and freedom from dogma, are: An Enquirii into the Ideas of Space and Time (1734) and Considerations on the Theory of Re- hffion (1745; and later with a biographic sketch by Paley). LAW, Edward. See Ellexborocgh. LAW, -JoHX (1671-1729). A celebrated finan- cier and speculator, born at Edinburgh, April 21, 1671. His father was a goldsmith and banker, and proprietor of the large estate of Lauriston, near Edinburgh. Law earh' showed a most re- markable talent for mathematics, and after the death of his father he removed to London, where he was soon prominent both in financial and so- cial circles; but his life was a dissipated one, and in 1695 he was compelled to flee from England in consequence of a duel in which he killed his adversary. After visiting France and Italy, he went to Amsterdam and spent his time in study- ing the credit operations of the bank, where he was employed for a short time. About the year 1700 he returned to Edinburgh, a zealous advo- cate of a paper currency; but his proposals to the Scottish Parliament on this subject met with an unfavorable reception. He visited different parts of the Continent, where he won large sums by gambling, but sought in vain to win the favor of governments to his banking schemes, which were outlined in a pamphlet advocating a State bank with paper notes. At last in 1715 he set- tled in Paris, and in company with his brother William set up in 1710 a private bank, which was chartered by the Government, and which was soon successful and prosperous to such an ex- traordinary degree that in 1718 the Duke of Orleans, the Regent, was persuaded to adopt Law's plan of a national bank. The new institu- tion issued prodigious quantities of bank-notes, which at first enjoyed perfect credit, while the ordinary national bonds remained, as they had long been, at a price far below their nominal value. In 1717 Law originated his famous Mis- sissippi Scheme (q.v.), for the purpose of rais- ing money to meet the exigencies of the State. The Compagnie d'Occident was established, with liberty to exploit the region about the Mississippi. It soon absorbed the French East India Company and other trading companies, being transformed into the Compagnie des Indes. The public were