Publications of the Southern New Hampshire Bar Association

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Page 199 - Impose and administer all necessary oaths, and to punish by fine or imprisonment, - at the discretion of the court, contempts of their authority: Provided, that such power to punish contempts shall not be construed to extend to any cases except the misbehavior of any person in their presence, or so near thereto as to obstruct the administration of Justice...
Page 206 - Patience and gravity of hearing is an essential part of justice; and an over-speaking judge is no well-tuned cymbal. It is no grace to a judge first to find that which he might have heard in due time from the bar; or to show quickness of conceit in cutting off evidence or counsel too short, or to prevent 4 information by questions, though pertinent.
Page 265 - The busy day, the peaceful night, Unfelt, uncounted, glided by ; His frame was firm, his powers were bright, Though now his eightieth year was nigh. Then, with no throbs of fiery pain, No cold gradations of decay, Death broke at once the vital chain, And freed his soul the nearest way.
Page 208 - I will for ever, at all hazards, assert the dignity, independence, and integrity of the ENGLISH BAR, without which impartial justice, the most valuable part of the English constitution, can have no existence. From the moment that any advocate can be permitted to say that he will or will not stand between the crown and the subject arraigned in the court where he daily sits to practise, from that moment the liberties of England are at an end.
Page 193 - The power, however, is not an arbitrary and despotic one, to be exercised at the pleasure of the court, or from passion, prejudice, or personal hostility ; but it is the duty of the court to exercise and regulate it by a sound and just judicial discretion, whereby the rights and independence of the bar may be as scrupulously guarded and maintained by the court, as the rights and dignity of the court itself.
Page 195 - For to subject the members of the profession to removal at the pleasure of the court, would leave them too small a share of the independence necessary to the duties they are called upon to perform to their clients and to the public.
Page 196 - No class of the community ought to be allowed freer scope in the expression or publication of opinions as to the capacity, impartiality or integrity of judges than members of the bar. They have the best opportunities of observing and forming a correct judgment. They are in constant attendance on the courts. Hundreds of those who are called on to vote never enter a court-house, or if they do, it is only at intervals as jurors, witnesses or parties.
Page 193 - The attorney and counsellor being, by the solemn judicial act of the court, clothed with his office, does not hold it as a matter of grace and favor. The right which it confers upon him to appear for...
Page 201 - a court of the United States undertakes, by its process of contempt, to punish a man for refusing to comply with an order which that court had no authority to make, the order it•etf, being without Jurisdiction, is void; and the order punishing for the contempt is equally void...
Page 188 - In all the courts of the United States the parties may plead and manage their own causes personally, or by the assistance of such counsel or attorneys at law as, by the rules of the said courts, respectively, are permitted to manage and conduct causes therein.

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