If a defendant absconds, as is believed, to avoid being served with a subpoena, a day is appointed for him to ap pear to the bill of the plaintiff, which appointment is to be inserted in the London Gazette, and read in the parish church where the defendant last lived, and fixed up at the Royal Exchange ; and if the defendant does not appear upon that day, the bill shall be taken pro confess°.
34. If a defendant appears and takes a copy of the bill.
he is next to demur, plead, or answer. If on demurrer the defendant prevails, the plaintiff's bill shall be dismissed. If the demurrer is overruled, the defendant is ordered to plead. A plea may either be to the jurisdiction or to the person ; as that the plaintiff is an outlaw, Exc. or in bar ; as an act of parliament, fine, release, or former decree. The truth of this plea the defendant is bound to prove, it put upon it by the plaintiff. In bills containing various matter, a man may plead as to part, demur as to part, and answer as to the residue : no exceptions to formal minutia will be allowed ; for the parties, upon discovery of any errors, may correct them. An answer is the usual de fence to a bill ; it is given upon oath, or honour of a peer or peeress. Answers in amicable suits are usually taken without oath, by consent of the plaintiff.
35. If the plaintiff finds sufficient matter confessed in the defendant's answer to ground a decree upon, he may proceed to the hearing of the cause upon bill and answer only ; but in that case, he must take the defendant's an swer to be true in every point. But if the issue be join ed upon the contradiction of facts, such facts are prov ed by the examination of witnesses, and their depositions are taken in writing. For such purpose interrogatories arc framed in writing, which, and which only, are to be asked of the witnesses: such interrogatories must be short and pertinent. For those witnesses who live in the country, a commission to examine is granted to four per sons, two named on each side ; and a commission may be had to examine persons residing beyond sea.
36. The chancellor's decree is either interlocutory or final. It seldom happens that the first decree is final ; for if any matter of fact is strongly controverted, the fact is usually directed to be tried at the bar of the King's Bench, or at the assizes upon a feigned issue. And if a question
of mere law arises, it is the practice of this court to refer it to the opinion of the judges of the King's Bench, or Common Pleas, upon a case stated for that purpose. When all issues are tried and settled, and all references to the master ended, the cause is again brought to hearing upon the matters of equity reserved, and a final decree is made ; the performance of which is enforced, if necessary, by com mitment of the person, or sequestration of the patty's estate. And if by this decree either party think himself aggrieved, he may petition the chancellor for a rehearing. But after the decree is once signed and enrolled, it cannot be reheard or rectified but by bill of review, or by appeal to the House of Lords.
37. A bill of review may be had upon apparent error in judgment, or discovery of new matter or evidence.
38. An appeal to the House of Lords is effected by pcti 'ion to the house.
OF I. Where only the rights of an individual are infringed, coupled with no violence, it is a civil injury ; where the rights of society are invaded by the commission of violence, it is a crime or misdemeanor. The king, being the supreme head of the community, is the person injured upon any in fraction of the public rights, and therefore is, in all cases of public crimes and misdemeanors, the proper prosecutor. Misdemeanors comprehend all indictable offences not amounting to felony. A crime, or misdemeanor, may arise either from the omission or commission of any act, in vio lation or public law ; as where a man digs a ditch across a highway, he is guilty of a public misdemeanor ; and if any injury thereby happens to an individual, he is co mpellable to make satisfaction for the civil injury, and indictable for the public offence. The law considers it not so flagrant an enormity to attempt an unlawful action, as the absolute perpetration ; and the violence of passion, or temptation by hunger, may in some degree extenuate a crime. Cir cumstances may also tend to aggravate an offence ; as where a servant robs his master, or stealingprivate/y from one's person the value of twelve-pence, is a capital offence ; but even the carrying off a load of corn from an open field is punished merely with transportation.