INTELLIGENCE AND MISCELLANY.

JUDGMENT RECORD UPON DEMURRER.

THE declaration incorporated into the following record, was published in "The Minerva," in this city, several years ago. The writer of the record, then a law student, demurred to it at the time, and the demurrer was also published in the same paper. A part of the record was written soon after, and it has occurred to the author of the demurrer, that in these days of "legal reform and since special pleading has fallen into disrepute, that it would be well to preserve, as near as may be, in "immortal verse,” some relict of an art, a knowledge of which was formerly deemed essential to the professors of the science styled "the perfection of reason." It is believed there is less of poetic license in it than in most of the productions of modern bards, and that the judgment is sustained by well settled principles, and numerous authorities.

New York, February, 1842.

This case is in the Supreme Court,
Where justice holds her fair resort.

Placita. >

The court in which these pleas are holden,
Sits always as it used of old, in

The city hall in New York city,

Wherein 's much noise, the more 's the pity,

Before the justices of the people

Of whom the emblem 's on the steeple,—
At the term held in the month of May,

In eighteen hundred twenty-nine,
When lawyers make a rich display

And with their briefs and speeches shine ;

W. C. N.

As witnesseth chief justice Savage,
Who every book of law doth ravage.

For clerks we 've had such good one's rarely,
There's Hubbard, Oliver, Paige, and Fairlie.

County of Albany, double S

Let justice all our wrongs redress.

Plaintiff's

warrant.

Peter Hill puts in his place
The pettifogging Peter Pascal,
In a plea of trespass on the case
'Gainst Jacob Horton -a vile rascal.

County of Albany, double S

Let justice all our wrongs redress. S

Defendant's warrant.

Horton, defendant in this case,
Puts into his proper place,

As his attorney, at the suit

Of Peter Hill, the learn'd John Bute.

County of Albany, double S
Let justice all our wrongs redress.
Memorandum.

Be it remembered while time shall last,
That in the term of February past
Which in the city of Albany sat,
Before the aforesaid justices there
Came Peter Hill and doffed his hat,
By his attorney smooth and fair,
And then and there his bill did show
'Gainst Jacob Horton, who cant go-
For he is held in custody,

To answer to the plaintiff's plea ;
And he doth here for pledges show
Messieurs John Doe and Richard Roe.

The bill appears without delay
And in these words, that is to say:

County of Albany, double S

Let justice all our wrongs redress.

Narr. >

}

Hill, the plaintiff in this suit,
Complains of Horton, oh, the brute !
Who now is held in custody,

And trespass is the plaintiff's plea

Imparlance. >

Demurrer. >

For that whereas the said defendant,
O'er whom the scourge of law is pendant,
Did on the 30th day of May
A certain instrument convey
(In other words a note in writing
Of said defendant's own inditing),
By which he promised to deliver
Twelve bantum hens, oh the deceiver !
Also a young and likely horse
Fit for the carriage or the course —
And the said Horton, brute aforesaid,
Alas has neither hens, nor horse paid,
And now the plaintiff sad and sighing
Comes, loudly upon justice crying,
Unto his country's jury squalling,
And for his hens and pony bawling ;
But the aforesaid vile defendant

Wont give them up, and there 's the end on 't.

And thereupon he comes with trembling steps and fear.

Then hear the judgment and their doom)
Until the August term shall come.

At which said term the judges meet,
And one another kindly greet,

And Utica is the favored place,
Where justice shows her solemn face,
And Hill and Horton too appear,

Both trembling now and pale with fear,
And caution due having well been taken,
To shew their honors not mistaken,

It is considered, that said narr,
And all its matters, near and far,

Are both in terms and rhymes too rough,
And in the law not strong enough

For Hill one moment to maintain
The cause for which he doth complain,
And that said Horton be set free
From any further custody,

And without day be thence enlarged,
And from his durance vile discharged.

And the said court do furthermore
Adjudge, upon the grievous score
Of costs by Horton fully paid

In the defence which he has made,
That he therein shall be requited,

(At which his heart must be delighted)
And for the same award one cent

(Which has his free and full assent)
And do award him execution

Of this most ample retribution

And let said Peter Hill

Of mercy have his fill

From henceforth

And so forth.

THE LATE SIR JOHN BAYLEY.

[From a recent English newspaper.]

This estimable and learned judge, who was for twenty-five years the highest ornament of the bench, dated his lineage from Isaac Bayley, of Chesterton, in the county of Huntingdon, who, in