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 the business. I was getting so light that I felt that, when Lord Worplesdon kicked me, I should just soar up to the ceiling like an air-balloon.

The club was one of those large clubs that look like prisons. I used to go there to lunch with my uncle, the one who left me his money, and I always hated the place. It was one of those clubs that are all red leather and hushed whispers.

I'm bound to say, though, there wasn't much hushed whispering when I started my interview with Lord Worplesdon. His voice was one of my childhood's recollections.

He was most extraordinarily like Florence. He had just the same eyes. I felt boneless from the start.

"Good morning," I said.

"What?" he said. "Speak up. Don't mumble."

I hadn't known he was deaf. The last time we'd had any conversation—on the subject of razors—he had done all the talking. This seemed to me to put the lid on it.

"I only said 'Good morning,'" I shouted.

"Good what? Speak up. I believe you're sucking sweets. Oh, good morning? I remember you now. You're the boy who spoiled my razor."

I didn't half like this re-opening of old wounds. I hurried on.

"I came about Edwin, Lord Worplesdon," I said.

"Who?"

"Edwin. Your son."

"What about him?"

"Florence told me to see you."

"Who?"

"Florence. Your daughter."

"What about her?"

All this comedy duo business, mind you, as if we were bellowing at each other across the street. All round the room you could see old gentlemen shooting out of their chairs like rockets and dashing off at a gallop to write to the committee about it. Thousands of waiters had appeared from nowhere, and were hanging about dusting table-legs. If ever a business wanted to be discussed privately, this seemed to me to be it. And it was just about as private as a conversation through megaphones in Piccadilly Circus.

"Didn't she write to you?"

"I got a letter from her. I tore it up. I didn't read it."

Jolly, what? I began to understand what a shipwrecked Johnny must feel when he finds there's something gone wrong with the life-belt.

I thought I might as well get to the point and get it over.

"Edwin's going to marry a palmist," I said.


text: Author:Tokudaiji Sanesada

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/

title: Author:Tokudaiji Sanesada


text:
Author:Fujiwara no Atsuyori

Works

 * Senzai Wakashū, as contributor
 * Senzai Wakashū, as contributor

title: Author:Fujiwara no Atsuyori


text:
Page:The Strand Magazine (Volume 44).djvu/238

 "Who the devil's Harry?"

"Not Harry. Marry. He's going to marry a palmist."

About four hundred waiters noticed a speck of dust on an ash-tray at the table next to ours, and swooped down on it.

"Edwin is going to marry a palmist?"

"Yes."

"She must be mad. Hasn't she seen Edwin?"

And just then who should stroll in but Edwin himself. I sighted him and gave him a hail.

He curveted up to us. It was amazing the way the fellow had altered. He looked like a two-year-old. Flower in his buttonhole, and a six-inch grin, and all that. Lord Worplesdon seemed surprised, too. I didn't wonder. The Edwin he remembered was a pretty different kind of a chap.

"Halloa, dad!" he said. "Fancy meeting you here! Have a cigarette?"

He shoved out his case. Lord Worplesdon helped himself in a sort of dazed way.

"You are Edwin?" he said, slowly.

I began to sidle out. They didn't notice me. They had moved to a settee, and Edwin seemed to be telling his father a funny story. At least, he was talking and grinning, and Lord Worplesdon was making a noise like distant thunder, which I supposed was his way of chuckling. I slid out and left them.

Some days later Percy called on me. The old boy was looking scared.

"Reggie," he said, "what do doctors call it when you think you see things you don't? Hal-something. I've got it, whatever it is. It's sometimes caused by overwork. But it can't be that with me, because I've not been doing any work. You don't think my brain's going or any bally rot like that, do you?"

"What do you mean? What's been happening?"

"It's like being haunted. I read a story somewhere of a fellow who kept thinking he saw a battleship bearing down on him. I've got it, too. Four times in the last three days I could have sworn I saw my father and Edwin. I saw them as plainly as I see you. And, of course, Edwin's at Weeting and father's on the Continent somewhere. Do you think it's some sort of a warning? Do you think I'm going to die?"

"It's all right, old man," I said. "As a matter of fact, they are both in London just now."

"You don't mean that? Great Scot, what a relief! But, Reggie, old top, it couldn't have been them really. The last time was at Covent Garden, and the chap I mistook for Edwin was wearing a false nose and dancing all by himself in the middle of the floor."

I admitted it was pretty queer.

I was away for a few days after that in the country. When I got back I found a pile of telegrams waiting for me. They were all from Florence, and they all wanted me to go to Eaton Square. The last of the batch, which had arrived that morning, was so jolly peremptory that I felt as if something had bitten me when I read it.

For a moment I admit I hung back. Then I rallied. There are times in a man's life when he has got to show a bit of the old bulldog British pluck, don't you know, if he wants to preserve his self-respect. I did then. My bag was still unpacked. I told my man to put it on a cab. And in about two ticks I was bowling off to Charing Cross. I left for France by the night boat.

About three weeks later I fetched up at Nice. You can't walk far at Nice without bumping into a Casino. The one I hit my first evening was the Casino Municipale, in the Place Massena. It looked more or less of a Home from Home, so I strolled in. There was quite a crowd round the boule-tables, and I squashed in. And when I'd worked through into the


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 front rank I happened to look down the table, and there was Edwin, with a green Tyrolese hat hanging over one ear, clutching out for a lot of five-franc pieces which the croupier was steering towards him at the end of a rake.

I was feeling lonely, for I knew no one in the place, so I edged round in his direction.

Half-way there I heard my name called, and there was Mrs. Darrell.

I saw the whole thing in a flash. Lord Worplesdon hadn't done a thing to prevent it, and the marriage had taken place. And here they were on their honeymoon. I wondered what Florence was thinking of it.

"Well, well, here we all are," I said. "I've just seen Edwin. He seems to be winning."

"Dear boy!" she said. "He does enjoy it so. I think he gets so much more out of life than he used to, don't you?"

"Rather! May I wish you happiness?"

"Thank you so much, Mr. Pepper. I sent you a piece of the cake, but I suppose you never got it."

"Lord Worplesdon didn't make any objections, then?"

"On the contrary. He was more in favour of the marriage than anyone."

"And I'll tell you why," I said. "I'm rather a chump, you know, but I observe things. I bet he was grateful to you for taking Edwin in hand and making him human."

"Why, you're wonderful, Mr. Pepper. That is exactly what he said himself. It was that that first made us friends."

"And—er—Florence?"

She sighed.

"I'm afraid Florence has taken the thing a little badly. But I hope to win her over in time. I want all my children to love me."

"All your what?"

"I think of them as my children, you see, Mr. Pepper. I adopted them as my own when I married their father. Did you think I had married Edwin? What a funny mistake! I am very fond of Edwin, but not in that way. No; I married Lord Worplesdon. We left him at our villa to-night, as he had some letters to get off. You must come and see us, Mr. Pepper. I always feel that it was you who brought us together, you know. I wonder if you will be seeing Florence when you get back? Will you give her my very best love?"


text:
Author:Fujiwara no Shunzei

Works

 * Senzai Wakashū, as compiler
 * Senzai Wakashū, as compiler

title: Author:Fujiwara no Shunzei


text:
Page:Sega Enterprises v. Accolade.pdf/9

 that disassembly of object code in order to gain an understanding of the ideas and functional concepts embodied in the code is a fair use that is privileged by section 107 of the Act.

Neither the language of the Act nor the law of this circuit supports Accolade’s first three arguments. Accolade’s fourth argument, however, has merit. Although the question is fairly debatable, we conclude based on the policies underlying the Copyright Act that disassembly of copyrighted object code is, as a matter of law, a fair use of the copyrighted work is such disassembly provides the only means of access to those elements of the code that are not protected by copyright and the copier has a legitimate reason for seeking such access. Accordingly, we hold that Sega has failed to demonstrate a likelihood of success on the merits of its copyright claim. Because on the record before us the hardships do not tip sharply (or at all) in Sega’s favor, the preliminary injunction issued in its favor must be dissolved, at least with respect to that claim.

We have previously held that the Copyright Act does not distinguish between unauthorized copies of a copyrighted work on the basis of what stage of the alleged infringer’s work the unauthorized copies represent. Walker v. University Books, 602 F.2d 859, 864 (9th Cir.1979) (“[T]he fact that an allegedly infringing copy of a protected work may itself be only an inchoate representation of some final product to be marketed commercially does not in itself negate the possibility of infringement.”). Our holding in Walker was based on the plain language of the Act. Section 106 grants to the copyright owner the exclusive rights “to reproduce the work in copies”, “to prepare derivative works based upon the copyrighted work”, and to authorize the preparation of copies and derivative works. 17 U.S.C. § 106(1)–(2). Section 501 provides that “[a]nyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 118 … is an infringer of the copyright.” Id. § 501(a). On its face, that language unambiguously encompasses and proscribes “intermediate copying”. Walker, 602 F.2d at 863–64; see also Walt Disney Productions v. Filmation Associates, 628 F.Supp. 871, 875–76 (C.D.Cal.1986).

In order to constitute a “copy” for purposes of the Act, the allegedly infringing work must be fixed in some tangible form, “from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” 17 U.S.C. § 101. The computer file generated by the disassembly program, the printouts of the disassembled code, and the computer files containing Accolade’s modifications of the code that were generated during the reverse engineering process all satisfy that requirement. The intermediate copying done by Accolade therefore falls squarely within the category of acts that are prohibited by the statute.

Accolade points to a number of cases that it argues establish the lawfulness of intermediate copying. Most of the cases involved the alleged copying of books, scripts, or literary characters. See v. Durang, 711 F.2d 141 (9th Cir.1983); Warner Bros. v. ABC, 654 F.2d 204 (2d Cir.1981); Miller v. Universal City Studios, Inc., 650 F.2d 1365 (5th Cir.1981); Walker v. Time Life Films, Inc., 615 F.Supp. 430 (S.D.N.Y.1985), aff’d, 784 F.2d 44 (2d Cir.), ''cert. denied'', 476 U.S. 1159, 106 S.Ct. 2278, 90 L.Ed.2d 721 (1986); Davis v. United Artists, Inc., 547 F.Supp. 722 (S.D.N.Y.1982); Fuld v. NBC, 390 F.Supp. 877 (S.D.N.Y.1975); Cain v. Universal Pictures Co., 47 F.Supp. 1013 (S.D.Cal.1942). In each case, however, the eventual lawsuit alleged infringement only as to the final work of the defendants. We conclude that this group of cases does not alter or limit the holding of Walker.

The remaining cases cited by Accolade, like the case before us, involved intermediate copying of computer code as an initial step in the development of a competing product. ''Computer Assoc. Int’l v. Altai, Inc., 1992 WL 372273, 23 U.S.P.Q.2d (BNA) 1241 (2d Cir.1992) (“CAI”); NEC Corp. v. Intel Corp., 10 U.S.P.Q.2d 1177, 1989 WL 67434 (N.D.Cal.1989); E.F. Johnson Co. v.''

title: Page:Sega Enterprises v. Accolade.pdf/9


text: The Strand Magazine/Volume 44/Issue 260/Disentangling Old Percy


text:
Author:Fujiwara no Kiyosuke

Works

 * Shoku Shika Wakashū, as compiler
 * Shoku Shika Wakashū, as compiler

title: Author:Fujiwara no Kiyosuke


text:
Page:Bible (1901 American Standard Version).pdf/33

15. 14

he said unto Abram, Know of a surety that thy seed shall be sojourners in a land that is not theirs, and shall serve them; and they shall afflict them four hundred years;  and also that nation, whom they shall serve, will I judge: and afterward shall they come out with great substance.  But thou shalt go to thy fathers in peace; thou shalt be buried in a good old age.  And in the fourth generation they shall come hither again; for the iniquity of the Amorite is not yet full.  And it came to pass, that, when the sun went down, and it was dark, behold, a smoking furnace, and a flaming torch that passed between these pieces.  In that day Jehovah made a covenant with Abram, saying, Unto thy seed have I given this land, from the river of Egypt unto the great river, the river Euphrates:  the Kenite, and the Kenizzite, and the Kadmonite,  and the Hittite, and the Perizzite, and the Rephaim,  and the Amorite, and the Canaanite, and the Girgashite, and the Jebusite.

Now Sarai, Abram's wife, bare him no children: and she had a handmaid, an Egyptian, whose name was Hagar.  And Sarai said unto Abram, Behold now, Jehovah hath restrained me from bearing; go in, I pray thee, unto my handmaid; it may be that I shall obtain children by her. And Abram hearkened to the voice of Sarai.  And Sarai, Abram's wife, took Hagar the Egyptian, her handmaid, after Abram had dwelt ten years in the land of Canaan, and gave her to Abram her husband to be his wife.  And he went in unto Hagar, and she conceived: and when she saw that she had conceived, her mistress was despised in her eyes.  And Sarai said unto Abram, My wrong be upon thee: I gave my handmaid into they bosom; and when she saw that she had conceived, I was despised in her eyes: Jehovah judge between me and thee.  But Abram said unto Sarai, Behold, thy maid is in thy hand; do to her that which is good in thine eyes. And Sarai dealt hardly with her, and she fled from her face.

And the angel of Jehovah found her by a fountain of water in the wilderness, by the fountain in the way to Shur.  And he said, Hagar, Sarai's handmaid, whence camest thou? and whither goest thou? And she said, I am fleeing from the face of my mistress Sarai.  And the angel of Jehovah said unto her, Return to thy mistress, and submit thyself under her hands.  And the angel of Jehovah said unto her, I will greatly multiply thy seed, that it shall not be numbered for multitude.  And the angel of Jehovah said unto her, Behold, thou art with child, and shalt bear a son; and thou shalt call his name Ishmael, because Jehovah hath heard thy affliction.  And he shall be as a wild ass among men; his hand shall be against every man, and every man's hand against him; and he shall dwell over against all his brethren.  And she called the name of Jehovah that spake unto her, Thou art a God that seeth: for she said, Have I even here looked after him that seeth me?  Wherefore the well was called Beer-lahai-roi; behold, it is between Kadesh and Bered.

And Hagar bare Abram a son: and Abram called the name of his son, whom Hagar bare, Ishmael.  And Abram was fourscore and six years old, when Hagar bare Ishmael to Abram.

And when Abram was ninety years old and nine, Jehovah appeared to Abram, and said unto him, I am God Almighty; walk before me, and be thou perfect.  And I will make my covenant between me and thee, and will multiply thee exceedingly.  And Abram fell on his face: and God talked with him, saying,  As for me, behold, my covenant is with thee, and thou shalt be the father of a multitude of nations.  Neither shall thy name any more be called Abram, but thy name shall be Abraham; for the father of a multitude of nations have I made thee.  And I will make thee exceeding fruitful, and I will make Rh


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Page:Bible (1901 American Standard Version).pdf/34

17. 7

nations of thee, and kings shall come out of thee.  And I will establish my covenant between me and thee and thy seed after thee throughout their generations for an everlasting covenant, to be a God unto thee and to thy seed after thee.  And I will give unto thee, and to thy seed after thee, the land of thy sojournings, all the land of Canaan, for an everlasting possession; and I will be their God.

And God said unto Abraham, And as for thee, thou shalt keep my covenant, thou, and thy seed after thee throughout their generations.  This is my covenant, which ye shall keep, between me and you and thy seed after thee: every male among you shall be circumcised.  And ye shall be circumcised in the flesh of your foreskin; and it shall be a token of a covenant betwixt me and you.  And he that is eight days old shall be circumcised among you, every male throughout your generations, he that is born in the house, or bought with money of any foreigner that is not of thy seed.  He that is born in thy house, and he that is bought with thy money, must needs be circumcised: and my covenant shall be in your flesh for an everlasting covenant.  And the uncircumcised male who is not circumcised in the flesh of his foreskin, that soul shall be cut off from his people; he hath broken my covenant.

And God said unto Abraham, As for Sarai thy wife, thou shalt not call her name Sarai, but Sarah shall her name be.  And I will bless her, and moreover I will give thee a son of her: yea, I will bless her, and she shall be a mother of nations; kings of peoples shall be of her.  Then Abraham fell upon his face, and laughed, and said in his heart, Shall a child be born unto him that is a hundred years old? and shall Sarah, that is ninety years old, bear?  And Abraham said unto God, Oh that Ishmael might live before thee!  And God said, Nay, but Sarah thy wife shall bear thee a son; and thou shalt call his name Isaac: and I will establish my covenant with him for an everlasting covenant for his seed after him.  And as for Ishmael, I have heard thee: behold, I have blessed him, and will make him fruitful, and will multiply him exceedingly; twelve princes shall he beget, and I will make him a great nation.  But my covenant will I establish with Isaac, whom Sarah shall bear unto thee at this set time in the next year.

And he left off talking with him, and God went up from Abraham.  And Abraham took Ishmael his son, and all that were born in his house, and all that were bought with his money, every male among the men of Abraham's house, and circumcised the flesh of their foreskin in the selfsame day, as God had said unto him.  And Abraham was ninety years old and nine, when he was circumcised in the flesh of his foreskin.  And Ishmael his son was thirteen years old, when he was circumcised in the flesh of his foreskin.  In the selfsame day was Abraham circumcised, and Ishmael his son.  And all the men of his house, those born in the house, and those bought with money of a foreigner, were circumcised with him.

And Jehovah appeared unto him by the oaks of Mamre, as he sat in the tent door in the heat of the day;  and he lifted up his eyes and looked, and, lo, three men stood over against him: and when he saw them, he ran to meet them from the tent door, and bowed himself to the earth,  and said, My lord, if now I have found favor in thy sight, pass not away, I pray thee, from thy servant:  let now a little water be fetched, and wash your feet, and rest yourselves under the tree:  and I will fetch a morsel of bread, and strengthen ye your heart; after that ye shall pass on: forasmuch as ye are come to your servant. And they said, So do, as thou hast said.  And Abraham hastened into the tent unto Sarah, and said, Make ready quickly three measures of fine meal, knead it, and make cakes.  And Abraham ran unto the herd, and fetched a calf tender and good, and gave it unto the servant; and he hasted to dress it.  And he took butter, Rh


text: Page:The Strand Magazine (Volume 42).djvu/6


text:
Author:Mike Figueredo

Works

 * The Humanist Report

title: Author:Mike Figueredo


text:
Page:Holy Bible Berean Standard Bible.pdf/71

'''Genesis 49:4  When Israel saw the sons of Joseph, he asked, “Who are these?”

Joseph said to his father, “They are the sons God has given me in this place.”

So Jacob said, “Please bring them to me, that I may bless them.”

Now Israel’s eyesight was poor because of old age; he could hardly see. Joseph brought his sons to him, and his father kissed them and embraced them.

“I never expected to see your face again,” Israel said to Joseph, “but now God has let me see your children as well.”

Then Joseph removed his sons from his father’s knees and bowed facedown.

And Joseph took both of them—with Ephraim in his right hand toward Israel’s left hand, and Manasseh in his left hand toward Israel’s right hand—and brought them close to him. But Israel stretched out his right hand and put it on the head of Ephraim, the younger; and crossing his hands, he put his left on Manasseh’s head, although Manasseh was the firstborn. Then he blessed Joseph and said:

“May the God before whom my fathers Abraham and Isaac walked, the God who has been my shepherd all my life to this day, the angel who has redeemed me from all harm— may He bless these boys. And may they be called by my name and the names of my fathers Abraham and Isaac, and may they grow into a multitude upon the earth.”

When Joseph saw that his father had placed his right hand on Ephraim’s head, he was displeased and took his father’s hand to move it from Ephraim’s head to Manasseh’s. “Not so, my father!” Joseph said. “This one is the firstborn; put your right hand on his head.”

But his father refused. “I know, my son, I know!” he said. “He too shall become a people, and he too shall be great; nevertheless, his younger brother shall be greater than he, and his offspring shall become a multitude of nations.”

So that day Jacob blessed them and said:

By you shall Israel pronounce this blessing: ‘May God make you like Ephraim and Manasseh.’”

So he put Ephraim before Manasseh.

Then Israel said to Joseph, “Look, I am about to die, but God will be with you and bring you back to the land of your fathers. And to you, as one who is above your brothers, I give the ridge of land that I took from the Amorites with my sword and bow.” Jacob Blesses His Sons

Then Jacob called for his sons and said, “Gather around so that I can tell you what will happen to you in the days to come:

Come together and listen, O sons of Jacob; listen to your father Israel.

Reuben, you are my firstborn, my might, and the beginning of my strength, excelling in honor, excelling in power. Uncontrolled as the waters, you will no longer excel, because you went up to your father’s bed, onto my couch, and defiled it.


text:
Page:Holy Bible Berean Standard Bible.pdf/72

'''64 Simeon and Levi are brothers; their swords are weapons of violence. May I never enter their council; may I never join their assembly. For they kill men in their anger, and hamstring oxen on a whim. Cursed be their anger, for it is strong, and their wrath, for it is cruel! I will disperse them in Jacob and scatter them in Israel.

Judah, your brothers shall praise you. Your hand shall be on the necks of your enemies; your father’s sons shall bow down to you. Judah is a young lion— my son, you return from the prey. Like a lion he crouches and lies down; like a lioness, who dares to rouse him? The scepter will not depart from Judah, nor the staff from between his feet, until Shiloh comes and the allegiance of the nations is his. He ties his donkey to the vine, his colt to the choicest branch. He washes his garments in wine, his robes in the blood of grapes. His eyes are darker than wine, and his teeth are whiter than milk.

Zebulun shall dwell by the seashore and become a harbor for ships; his border shall extend to Sidon.

Issachar is a strong donkey, lying down between the sheepfolds. He saw that his resting place was good and that his land was pleasant, so he bent his shoulder to the burden and submitted to labor as a servant.

Dan shall provide justice for his people as one of the tribes of Israel. He will be a snake by the road, a viper in the path that bites the horse’s heels so that its rider tumbles backward.

I await Your salvation, O LORD.

Gad will be attacked by raiders, but he will attack their heels.

Asher’s food will be rich; he shall provide royal delicacies.

Naphtali is a doe set free that bears beautiful fawns.

Joseph is a fruitful vine— a fruitful vine by a spring, whose branches scale the wall. The archers attacked him with bitterness; they aimed at him in hostility. Yet he steadied his bow, and his strong arms were tempered by the hands of the Mighty One of Jacob, in the name of the Shepherd, the Rock of Israel, by the God of your father who helps you, and by the Almighty who blesses you, with blessings of the heavens above, with blessings of the depths below, with blessings of the breasts and womb. The blessings of your father have surpassed the blessings of the ancient mountains and the bounty of the everlasting hills.


text:
Page:Sega Enterprises v. Accolade.pdf/10

 Uniden Corp., 623 F.Supp. 1485 (D.Minn.1985). In each case, the court based its determination regarding infringement solely on the degree of similarity between the allegedly infringed work and the defendant’s final product. A close reading of those cases, however, reveals that in none of them was the legality of the intermediate copying at issue. Sega cites an equal number of cases involving intermediate copying of copyrighted computer code to support its assertion that such copying is prohibited. Atari Games Corp. v. Nintendo of America, Inc., 18 U.S.P.Q.2d 1935, 1991 WL 57304 (N.D.Cal.1991); SAS Institute, Inc. v. S & H Computer Systems, Inc., 605 F.Supp. 416 (M.D.Tenn.1985); S & H Computer Systems, Inc. v. SAS Institute, Inc., 568 F.Supp. 416 (M.D.Tenn.1983); Hubco Data Products v. Management Assistance, Inc., 219 U.S.P.Q. 450 (D.Idaho 1983). Again, however, it appears that the question of the lawfulness of intermediate copying was not raised in any of those cases.

In summary, the question whether intermediate copying of computer object code infringes the exclusive rights granted to the copyright owner in section 106 of the Copyright Act is a question of first impression. In light of the unambiguous language of the Act, we decline to depart from the rule set forth in Walker for copyrighted works generally. Accordingly, we hold that intermediate copying of computer object code may infringe the exclusive rights granted to the copyrighted owner in section 106 of the Copyright Act regardless of whether the end product of the copying also infringes those rights. If intermediate copying is permissible under the Act, authority for such copying must be found in one of the statutory provisions to which the rights granted in section 106 are subject.

Accolade next contends that disassembly of computer object code does not violate the Copyright Act because it is necessary in order to gain access to the ideas and functional concepts embodied in the code, which are not protected by copyright. 17 U.S.C. § 102(b). Because humans cannot comprehend object code, it reasons disassembly of a commercially available computer program into human-readable form should not be considered an infringement of the owner’s copyright. Insofar as Accolade suggests that disassembly of object code is lawful per se, it seeks to overthrow settled law.

Accolade’s argument regarding access to ideas is, in essence, an argument that object code is not eligible for the full range of copyright protection. Although some scholarly authority supports that view, we have previously rejected it based on the language and legislative history of the Copyright Act. Johnson Controls, Inc. v. Phoenix Control Sys., Inc., 886 F.2d 1173, 1175 (9th Cir.1989); Apple Computer, Inc. v Formula Int’l Inc., 126 F.2d 521, 524–25 (9th Cir.1984); see also Apple Computer, Inc. v. Franklin Computer Corp., 714 F.2d 1240, 1246–48 (3d Cir.1983), ''cert. dismissed'', 464 U.S. 1033, 104 S.Ct. 690, 79 L.Ed.2d 158 (1984).

As recommended by the National Commission on New Technological Uses of Copyrighted Works (CONTU), the 1980 amendments to the Copyright Act unambiguously extended copyright protection to computer programs. Pub.L.96-517, sec. 10, 94 Stat. 3028 (1980) (codified at 17 U.S.C. §§ 101, 117); see National Commission of New Technological Uses of Copyrighted Works, Final Report 1 (1979) [CONTU Report]. “[T]he Act makes no distinction between the copyrightability of those programs which directly interact with the computer user and those which simply manage the computer system.” Formula, 725 F.2d at 525. Nor does the Act require that a work be directly accessible to humans in order to be eligible for copyright protection. Rather, it extends protection to all original works “which … can be perceived, reproduced, of otherwise


text:
Page:Holy Bible Berean Standard Bible.pdf/73

'''Genesis 50:15 May they rest on the head of Joseph, on the brow of the prince of his brothers.

Benjamin is a ravenous wolf; in the morning he devours the prey, in the evening he divides the plunder.”

These are the tribes of Israel, twelve in all, and this was what their father said to them. He blessed them, and he blessed each one with a suitable blessing.

The Death of Jacob

Then Jacob instructed them, “I am about to be gathered to my people. Bury me with my fathers in the cave in the field of Ephron the Hittite. The cave is in the field of Machpelah near Mamre, in the land of Canaan. This is the field Abraham purchased from Ephron the Hittite as a burial site. There Abraham and his wife Sarah are buried, there Isaac and his wife Rebekah are buried, and there I buried Leah. The field and the cave that is in it were purchased from the Hittites.”

When Jacob had finished instructing his sons, he pulled his feet into the bed and breathed his last, and he was gathered to his people. Mourning and Burial for Jacob

Then Joseph fell upon his father’s face, wept over him, and kissed him.

And Joseph directed the physicians in his service to embalm his father Israel. So they embalmed him, taking the forty days required to complete the embalming. And the Egyptians mourned for him seventy days.

When the days of mourning had passed, Joseph said to Pharaoh’s court, “If I have found favor in your eyes, please tell Pharaoh that my father made me swear an oath when he said, ‘I am about to die. You must bury me in the tomb that I dug for myself in the land of Canaan.’ Now let me go and bury my father, and then return.”

Pharaoh replied, “Go up and bury your father, as he made you swear to do.”

Then Joseph went to bury his father, and all the servants of Pharaoh accompanied him—the elders of Pharaoh’s household and all the elders of the land of Egypt— along with all of Joseph’s household, and his brothers, and his father’s household. Only their children and flocks and herds were left in Goshen.

Chariots and horsemen alike went up with him, and it was an exceedingly large procession. When they reached the threshing floor of Atad, which is across the Jordan, they lamented and wailed loudly, and Joseph mourned for his father seven days.

When the Canaanites of the land saw the mourning at the threshing floor of Atad, they said, “This is a solemn ceremony of mourning by the Egyptians.” Thus the place across the Jordan is called Abel-mizraim.

So Jacob’s sons did as he had charged them. They carried him to the land of Canaan and buried him in the cave at Machpelah in the field near Mamre, which Abraham had purchased from Ephron the Hittite as a burial site.

After Joseph had buried his father, he returned to Egypt with his brothers and all who had gone with him to bury his father.

Joseph Comforts His Brothers

When Joseph’s brothers saw that their father was dead, they said, “What if Joseph bears a grudge? Then he will surely repay us for all the evil that we did to him.”


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'''66 So they sent word to Joseph, saying, “Before he died, your father commanded, ‘This is what you are to say to Joseph: I beg you, please forgive the transgression and sin of your brothers, for they did you wrong.’ So now, Joseph, please forgive the transgression of the servants of the God of your father.”

When their message came to him, Joseph wept. His brothers also came to him, bowed down before him, and said, “We are your slaves!”

But Joseph replied, “Do not be afraid. Am I in the place of God? As for you, what you intended against me for evil, God intended for good, in order to accomplish a day like this—to preserve the lives of many people. Therefore do not be afraid. I will provide for you and your little ones.” So Joseph reassured his brothers and spoke kindly to them.

The Death of Joseph

Now Joseph and his father’s household remained in Egypt, and Joseph lived to the age of 110. He saw Ephraim’s sons to the third generation, and indeed the sons of Machir son of Manasseh were brought up on Joseph’s knees.

Then Joseph said to his brothers, “I am about to die, but God will surely visit you and bring you up from this land to the land He promised on oath to Abraham, Isaac, and Jacob.” And Joseph made the sons of Israel take an oath and said, “God will surely attend to you, and then you must carry my bones up from this place.”

So Joseph died at the age of 110. And they embalmed his body and placed it in a coffin in Egypt.


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 confirms, that it is not the man of the greatest natural vigour and capacity who achieves the highest results, but he who employs his powers with the greatest industry and the most carefully disciplined skill—the skill that comes by labour, application, and experience. Many men in his time knew far more than Watt, but none laboured so assiduously as he did to turn all that he did know to useful practical purposes. He was, above all things, most persevering in the pursuit of facts. He cultivated carefully that habit of active attention on which all the higher working qualities of the mind mainly depend. Indeed, Mr. Edgeworth entertained the opinion, that the difference of intellect in men depends more upon the early cultivation of this habit of attention, than upon any great disparity between the powers of one individual and another.

Even when a boy, Watt found science in his toys. The quadrants lying about his father's carpenter's shop led him to the study of optics and astronomy; his ill health induced him to pry into the secrets of physiology; and his solitary walks through the country attracted him to the study of botany and history. While carrying on the business of a mathematical-instrument maker, he received an order to build an organ; and, though without an ear for music, he undertook the study of harmonics, and successfully constructed the instrument. And, in like manner, when the little model of Newcomen's steam-engine, belonging to the University of Glasgow, was placed in his hands to repair, he forthwith set himself to learn all that was then known about heat, evaporation, and condensation,—at the same time plodding


text: Page:The Strand Magazine (Volume 42).djvu/791


text:
Page:National Anti-Corruption Commission Act 2022.pdf/25

 notice to produce: see subsection 58(3).

occupier: see subsection 268(6).

official matter: see subsection 95(5).

official of a registered industrial organisation means a person who holds an office (within the meaning of the Fair Work Act 2009) in an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009.

paid work means work for financial gain or reward (whether as an employee, a self-employed person or otherwise).

parliamentarian means:
 * (a) a senator; or
 * (b) a member of the House of Representatives; or
 * (c) a Minister of State (whether or not a senator or member of the House of Representatives); or
 * (d) a person who is taken to be the President of the Senate under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives; or
 * (e) a person who is taken to be the Speaker of the House of Representatives under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives; or
 * (f) a person to whom remuneration is payable under section 49 of the Parliamentary Business Resources Act 2017.

parliamentary office means the office of a parliamentarian.

permanent resident of Australia: see subsection 240(4).

person assisting the Inspector: see section 195.

PGPA Act means the Public Governance, Performance and Accountability Act 2013.

post-charge: see section 130.


text:
Author:Lloyd Francis Bacon

Director

 * The Singing Fool (1928)

title: Author:Lloyd Francis Bacon


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Division 1—Corrupt conduct and corruption issues

8 Meaning of corrupt conduct

(1) Each of the following is corrupt conduct:

 * (a) any conduct of any person (whether or not a public official) that adversely affects, or that could adversely affect, either directly or indirectly:
 * (i) the honest or impartial exercise of any public official's powers as a public official; or
 * (ii) the honest or impartial performance of any public official's functions or duties as a public official
 * (b) any conduct of a public official that constitutes or involves a breach of public trust;
 * (c) any conduct of a public official that constitutes, involves or is engaged in for the purpose of abuse of the person's office as a public official;
 * (d) any conduct of a public official, or former public official, that constitutes or involves the misuse of information or documents acquired in the person's capacity as a public official.

(2) However, paragraph (1)(a) does not apply in relation to conduct of the following:

 * (a) the Governor-General;
 * (b) a Deputy Governor-General;
 * (c) a Justice of the High Court or a judge of a court created by the Parliament;
 * (d) a judge of a court of a State or Territory;
 * (e) a member of a Royal Commission;
 * (f) the Inspector, or a person assisting the Inspector.


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 26 and health in rough electric shocks, putting them once more in communication with their own reason. The secret of fortune is joy in our hands. Welcome evermore to gods and men is the self-helping man. For him all doors are flung wide; him all tongues greet, all honors crown, all eyes follow with desire. Our love goes out to him and embraces him, because he did not need it. We solicitously and apologetically caress and celebrate him, because he held on his way and scorned our disapprobation. The gods love him because men hated him. 'To the persevering mortal,' said Zoroaster, 'the blessed immortals are swift.'"

"Insist on yourself," declares Emerson; "never imitate. Your own gift you can present every moment with the cumulative force of a whole life's cultivation; but of the adopted talent of another, you have only an extemporaneous, half possession."

Regarding society and social institutions, Emerson writes: "Society is a wave. The wave moves onward, but the water of which it is composed does not." "Society never advances. It recedes as fast on one side as it gains on the other. It undergoes continual changes; it is barbarous, it is civilized, it is Christianized, it is rich, it is scientific; but this change is not amelioration. For everything that is given, something is taken. Society acquires new arts, and loses old instincts. What a contrast between the well-clad, reading, writing, thinking American, with a watch, a pencil, and a bill of exchange in his pocket, and the naked New Zealander, whose property


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 (3) To avoid doubt, paragraph (1)(a) covers a public official's own conduct, if it has, or could have, the specified adverse effects in relation to the public official's powers, functions or duties. Conduct before commencement

(4) Conduct may be corrupt conduct even though it occurred before the commencement of this section.

(5) Conduct involving a public official may be corrupt conduct even though the person was no longer a public official when this section commenced.

Judicial powers, functions and duties

(6) Corrupt conduct does not include conduct engaged in by a staff member of the High Court or of a court created by the Parliament to exercise a power, or perform a function or duty, of a judicial nature.

(7) Conduct is not corrupt conduct under paragraph (1)(a) to the extent that it affects the exercise of a power, or the performance of a function or duty, of a judicial nature by a public official who is a staff member of the High Court or of a court created by the Parliament.

Conduct need not be for personal benefit

(8) Conduct involving a public official may be corrupt conduct even if the conduct is not for the person's personal benefit.

Conduct alone or with others

(9) A person may engage in corrupt conduct alone, or with the agreement or participation of other persons (whether or not those other persons are public officials).


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 Conduct amounting to conspiracy or attempt

(10) Conduct comprising conspiracy or an attempt to commit or engage in conduct covered by subsection (1) is itself corrupt conduct.

Conducting parliamentary business using public resources

(11) To avoid doubt, the use by a parliamentarian, or a staff member of a Commonwealth agency, of public resources to conduct parliamentary business in accordance with the following does not constitute corrupt conduct:
 * (a) the Parliamentary Business Resources Act 2017;
 * (b) the Members of Parliament (Staff) Act 1984.

(12) Terms used in subsection (11) that are defined in the Parliamentary Business Resources Act 2017 have the same meaning in that subsection as they do in that Act.

Political activities

(13) To avoid doubt, conduct engaged in as part of a political activity does not constitute corrupt conduct if the conduct does not involve or affect either of the following:

 * (a) the exercise of a power, or the performance of a function or duty, by a public official;
 * (b) the use of public resources (within the meaning of the PGPA Act).

9 Meaning of corruption issue

(1) A corruption issue is an issue of whether a person: (a) has engaged in corrupt conduct; or (b) is engaging in corrupt conduct; or (c) will engage in corrupt conduct.

(2) A NACC corruption issue is not a corruption issue.


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 Division 2—Public officials

10 Meaning of public official

(1) Each of the following is a public official:

 * (a) a parliamentarian;
 * (b) a staff member of a Commonwealth agency;
 * (c) a staff member of the NACC.

(2) A person who is acting for and on behalf of, or as a deputy or delegate of, any person or body set out in subsection (1) is also a public official.


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18. 9

and milk, and the calf which he had dressed, and set it before them; and he stood by them under the tree, and they did eat.

And they said unto him, Where is Sarah thy wife? And he said, Behold, in the tent.  And he said, I will certainly return unto thee when the season cometh round; and, lo, Sarah thy wife shall have a son. And Sarah heard in the tent door, which was behind him.  Now Abraham and Sarah were old, [and] well stricken in age; it had ceased to be with Sarah after the manner of women.  And Sarah laughed within herself, saying, After I am waxed old shall I have pleasure, my lord being old also?  And Jehovah said unto Abraham, Wherefore did Sarah laugh, saying, Shall I of a surety bear a child, who am old?  Is anything too hard for Jehovah? At the set time I will return unto thee, when the season cometh round, and Sarah shall have a son.  Then Sarah denied, saying, I laughed not; for she was afraid. And he said, Nay; but thou didst laugh.

And the men rose up from thence, and looked toward Sodom: and Abraham went with them to bring them on the way.  And Jehovah said, Shall I hide from Abraham that which I do;  seeing that Abraham had surely become a great and mighty nation, and all the nations of the earth shall be blessed in him?  For I have known him, to the end that he may command his children and his household after him, that they may keep the way of Jehovah, to do righteousness and justice; to the end that Jehovah may bring upon Abraham that which he hath spoken of him.  And Jehovah said, Because the cry of Sodom and Gomorrah is great, and because their sin is very grievous;  I will go down now, and see whether they have done altogether according to the cry of it, which is come unto me; and if not, I will know.

And the men turned from thence, and went toward Sodom: but Abraham stood yet before Jehovah.  And Abraham drew near, and said, Wilt thou consume the righteous with the wicked?  Peradventure there are fifty righteous within the city: wilt thou consume and not spare the place for the fifty righteous that are therein?  That be far from thee to do after this manner, to slay the righteous with the wicked, that so the righteous should be as the wicked; that be far from thee: shall not the Judge of all the earth do right?  And Jehovah said, If I find in Sodom fifty righteous within the city, then I will spare all the place for their sake.  And Abraham answered and said, Behold now, I have taken upon me to speak unto the Lord, who am but dust and ashes:  peradventure there shall lack five of the fifty righteous: wilt thou destroy all the city for lack of five? And he said, I will not destroy it, if I find there forty and five.  And he spake unto him yet again, and said, Peradventure there shall be forty found there. And he said, I will not do it for the forty's sake.  And he said, Oh let not the Lord be angry, and I will speak: peradventure there shall thirty be found there. And he said, I will not do it, if I find thirty there.  And he said, Behold now, I have taken upon me to speak unto the Lord: peradventure there shall be twenty found there. And he said, I will not destroy it for the twenty's sake.  And he said, Oh let not the Lord be angry, and I will speak yet but this once: peradventure ten shall be found there. And he said, I will not destroy it for the ten's sake.  And Jehovah went his way, as soon as he had left off communing with Abraham: and Abraham returned unto his place.

And the two angels came to Sodom at even; and Lot sat in the gate of Sodom: and Lot saw them, and rose up to meet them; and he bowed himself with his face to the earth;  and he said, Behold now, my lords, turn aside, I pray you, into your servant's house, and tarry all night, and wash your feet, and ye shall rise up early, and go on your way. And they said, Nay; but we will abide in the street all night.  And he urged them greatly; and they turned in unto him, and entered into his house; and he made Rh


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19. 4

them a feast, and did bake unleavened bread, and they did eat.  But before they lay down, the men of the city, [even] the men of Sodom, compassed the house round, both young and old, all the people from every quarter;  and they called unto Lot, and said unto him, Where are the men that came in to thee this night? bring them out unto us, that we may know them.  And Lot went out unto them to the door, and shut the door after him.  And he said, I pray you, my brethren, do not so wickedly.  Behold now, I have two daughters that have not known man; let me, I pray you, bring them out unto you, and do ye to them as is good in your eyes: only unto these men do nothing, forasmuch as they are come under the shadow of my roof.  And they said, Stand back. And they said, This one fellow came in to sojourn, and he will needs be a judge: now will we deal worse with thee, than with them. And they pressed sore upon the man, even Lot, and drew near to break the door.  But the men put forth their hand, and brought Lot into the house to them, and shut to the door.  And they smote the men that were at the door of the house with blindness, both small and great, so that they wearied themselves to find the door.

And the men said unto Lot, Hast thou here any besides? son-in-law, and thy sons, and thy daughters, and whomsoever thou hast in the city, bring them out of the place:  for we will destroy this place, because the cry of them is waxed great before Jehovah: and Jehovah hath sent us to destroy it.  And Lot went out, and spake unto his sons-in-law, who married his daughters, and said, Up, get you out of this place; for Jehovah will destroy the city. But he seemed unto his sons-in-law as one that mocked.  And when the morning arose, then the angels hastened Lot, saying, Arise, take thy wife, and thy two daughters that are here, lest thou be consumed in the iniquity of the city.  But he lingered; and the men laid hold upon his hand, and upon the hand of his wife, and upon the hand of his two daughters, Jehovah being merciful unto him; and they brought him forth, and set him without the city.  And it came to pass, when they had brought them forth abroad, that he said, Escape for thy life; look not behind thee, neither stay thou in all the Plain; escape to the mountain, lest thou be consumed.  And Lot said unto them, Oh, not so, my lord:  behold now, thy servant hath found favor in thy sight, and thou hast magnified thy lovingkindness, which thou hast showed unto me in saving my life; and I cannot escape to the mountain, lest evil overtake me, and I die:  behold now, this city is near to flee unto, and it is a little one. Oh let me escape thither (is it not a little one?), and my soul shall live.  And he said unto him, See, I have accepted thee concerning this thing also, that I will not overthrow the city of which thou hast spoken.  Haste thee, escape thither; for I cannot do anything till thou be come thither. Therefore the name of the city was called Zoar.

The sun was risen upon the earth when Lot came unto Zoar.  Then Jehovah rained upon Sodom and upon Gomorrah brimstone and fire from Jehovah out of heaven;  and he overthrew those cities, and all the Plain, and all the inhabitants of the cities, and that which grew upon the ground.  But his wife looked back from behind him, and she became a pillar of salt.  And Abraham gat up early in the morning to the place where he had stood before Jehovah:  and he looked toward Sodom and Gomorrah, and toward all the land of the Plain, and beheld, and, lo, the smoke of the land went up as the smoke of a furnace.

And it came to pass, when God destroyed the cities of the Plain, that God remembered Abraham, and sent Lot out of the midst of the overthrow, when he overthrew the cities in which Lot dwelt.

And Lot went up out of Zoar, and dwelt in the mountain, and his two daughters with him; for he feared to dwell in Zoar: and he Rh


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22 Part 4—Enforcement of sentences and orders 43Temporary return or transfer of custody to another state

(1) This section applies where the Secretary of State receives a request from the ICC—
 * (a) for the temporary return of the prisoner to the custody of the ICC for the purposes of any proceedings, or
 * (b) for the transfer of the prisoner to the custody of another state in pursuance of a change in designation of state of enforcement.

(2) If the prisoner is detained in Scotland, the Secretary of State shall transmit the request to the Scottish Ministers.

(3) The relevant Minister shall—
 * (a) issue a warrant authorising the prisoner’s temporary return or transfer in accordance with the request,
 * (b) make the necessary arrangements with the ICC or, as the case may be, the other state, and
 * (c) give such directions as to the custody, surrender and (where appropriate) return of the prisoner as appear to him appropriate to give effect to the arrangements.

(4) Where the prisoner is temporarily returned to the custody of the ICC, the warrant authorising his detention in any part of the United Kingdom shall continue to have effect so as to apply to him again on his return.

(5) In this section “the relevant Minister” means—
 * (a) in relation to a person detained in England and Wales or Northern Ireland, the Secretary of State, and
 * (b) in relation to a person detained in Scotland, the Scottish Ministers.

44Transfer to another part of the United Kingdom: transfer of ICC sentence

(1) The relevant Minister may make an order for the transfer of the prisoner to another part of the United Kingdom to serve the whole or part of the remainder of the ICC sentence there.

(2) No such order shall be made—
 * (a) for the transfer of the prisoner to Scotland without the agreement of the Scottish Ministers, or
 * (b) for the transfer of the prisoner from Scotland without the agreement of the Secretary of State.

(3) An order under this section shall be subject to such conditions (if any) as the relevant Minister may impose from time to time.

(4) If an order is made under this section the warrant authorising the prisoner’s detention in the part of the United Kingdom from which he is transferred—
 * (a) shall continue to have effect, and
 * (b) shall have effect as if it were a warrant authorising his detention in the part of the United Kingdom to which he is transferred.

(5) A prisoner transferred under this section to England and Wales or Northern Ireland shall be treated for all purposes, subject as mentioned in section 42(4), as if he were serving a sentence of imprisonment imposed in exercise of its criminal jurisdiction by a court in the part of the United Kingdom to which he is transferred.


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International Criminal Court Act 2001 (c. 17) Part 4—Enforcement of sentences and orders (6) In this section “the relevant Minister” means—
 * (a) in relation to a person detained in England and Wales or Northern Ireland, the Secretary of State, and
 * (b) in relation to a person detained in Scotland, the Scottish Ministers.

45Transfer to another part of the United Kingdom: transfer for temporary purposes

(1) This section applies where it appears to the relevant Minister—
 * (a) that the prisoner should be transferred to another part of the United Kingdom for the purpose of attending criminal proceedings against him there, or
 * (b) that the attendance of the prisoner at a place in another part of the United Kingdom is desirable in the interests of justice, or for the purposes of any public inquiry.

(2) The relevant Minister may make an order for the transfer of the prisoner to that part of the United Kingdom.

(3) No such order shall be made—
 * (a) for the transfer of the prisoner to Scotland without the agreement of the Scottish Ministers, or
 * (b) for the transfer of the prisoner from Scotland without the agreement of the Secretary of State.

(4) An order under this section shall be subject to such conditions (if any) as the relevant Minister thinks fit to impose.Any such conditions may be varied or removed at any time.

(5) Where an order is made under this section—
 * (a) the warrant authorising the prisoner’s detention in the part of the United Kingdom from which he is transferred shall continue to have effect, and
 * (b) he shall be returned to that part of the United Kingdom when the purposes for which the order is made are fulfilled.

(6) In this section “the relevant Minister” means—
 * (a) in relation to a person detained in England and Wales or Northern Ireland, the Secretary of State, and
 * (b) in relation to a person detained in Scotland, the Scottish Ministers.

46Domestic sentence current at end of term of ICC sentence

(1) Where a person who completes a term of imprisonment imposed by the ICC—
 * (a) is still subject to a domestic sentence of imprisonment, whether imposed before or during his imprisonment in pursuance of the sentence of the ICC, and
 * (b) has been transferred to another part of the United Kingdom under section 44 or 45,

he shall be treated as if he had been transferred from the part of the United Kingdom in which the domestic sentence was imposed, by order under Schedule 1 to the Crime (Sentences) Act 1997 (c. 43), on a restricted transfer subject to such conditions as the relevant Minister may consider appropriate.


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24 Part 4—Enforcement of sentences and orders (2) In subsection (1)—
 * (a) a “domestic sentence” means a sentence imposed by a court in the United Kingdom, and
 * (b) “the relevant Minister” means—
 * (i) where the domestic sentence was imposed in England and Wales or Northern Ireland, the Secretary of State, and
 * (ii) where the domestic sentence was imposed in Scotland, the Scottish Ministers.

47Custody of prisoner in transit, &c

(1) The following provisions of this section apply in relation to times when the prisoner is subject to a warrant under any provision of this Part, or any corresponding provision of an Act of the Scottish Parliament, but is not in legal custody under the Prison Act 1952 (c. 52), the Prisons (Scotland) Act 1989 (c. 45) or the Prison Act (Northern Ireland) 1953 (c. 18(N.I.)).

(2) The prisoner shall be deemed to be in the legal custody of the relevant Minister at any time when, being—
 * (a) in the United Kingdom, or
 * (b) on board a British ship, a British aircraft or a British hovercraft,

he is being taken to or from any place or is being kept in custody.

(3) The relevant Minister may, from time to time, designate a person as a person who is for the time being authorised to take the prisoner to or from any place or to keep the prisoner in custody.

(4) A person so authorised has all the powers, authority, protection and privileges—
 * (a) of a constable in the part of the United Kingdom in which that person is for the time being, or
 * (b) if he is outside the United Kingdom, of a constable in the part of the United Kingdom to or from which the prisoner is to be taken.

(5) If the prisoner escapes or is unlawfully at large, he may be arrested without warrant by a constable and taken to any place to which he may be taken under the warrant referred to in subsection (1).In this subsection “constable”, in relation to any part of the United Kingdom, means—
 * (a) a person who is a constable in that or any other part of the United Kingdom, or
 * (b) a person who, at the place in question, has under any enactment (including subsection (4)) the powers of a constable in that or any other part of the United Kingdom.

(6) In this section “the relevant Minister” means—
 * (a) in relation to a person who is, or is to be, detained in England and Wales or Northern Ireland, the Secretary of State, and
 * (b) in relation to a person who is, or is to be, detained in Scotland, the Scottish Ministers.


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text:
Author:Jennifer Sin Yu Hung

Works

 * Indigenization of Political Identity in Postcolonial Hong Kong (2022)
 * Religion and Trust in Hong Kong (2024)

title: Author:Jennifer Sin Yu Hung


text: Index:Der Freischütz (The Free-Shooter); A Lyric Folk-Drama (1849).djvu


text:
Ex parte Wilson (114 U.S. 417)

This court cannot discharge on habeas corpus a person imprisoned under the sentence of a Circuit or District Court in a criminal case, unless the sentence exceeds the jurisdiction of that court, or there is no authority to hold the prisoner under the sentence.

The provision of Rev. Stat. § 1022, authorizing, certain offences to be prosecuted either by indictment or by information, does not preclude the prosecution by information of such other offences as may be so prosecuted consistently with the Constitution and laws of the United States.

In the record of a general conviction and sentence upon two counts, one of which is good, a misrecital of the verdict as upon the other count only, in stating the inquiry whether the convict had aught to say why sentence should not be pronoulced against him, is no ground for discharging him on habeas corpus.

In the record of a judgment of a District Court, sentencing a person convicted in one State to imprisonment in a prison in another State, the omission to state that there was no suitable prison in the State in which he was convicted, and that the Attorney-General had designated the prison in the [p418] other State as a suitable place of imprisonment, is no ground for discharging the prisoner on habeas corpus.

A certified copy of the record of a sentence to imprisonment is sufficient to authorize the detention of the prisoner, without any warrant or mittimus.

A person sentenced to imprisonment for an infamous crime, without having been presented or indicted by a grand jury, as required by the Fifth Amendment of the Constitution, is entitled to be discharged on habeas corpus.

A crime punishable by imprisonment for a term of years at hard labor is an infamous crime, within the provision of the Fifth Amendment of the Constitution, that "no person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury."

This was a petition for a writ of habeas corpus, presented to this court by a man confined in the House of Correction at Detroit in the State of Michigan, under a sentence to be imprisoned there for fifteen years at hard labor, passed by the District Court of the United States for the Eastern District of Arkansas, upn an information filed by the District Attorney for that district.

The record of the conviction and sentence, a copy of which was annexed to the petition, showed the following case:

The information, which was filed by leave of the court, contained two counts: The first count upon Rev. Stat. § 5430, for unlawfully having in possession, with intent to sell, an obligation engraved and printed after the similitude of securities issued under authority of the United States, to wit, of an interest-bearing coupon bond of the United States; and the second count upon § 5431, for passing, with intent to defraud, a counterfeited interest-bearing coupon bond of the United States; and each count alleging that the bond was in the words and figures of a copy attached to the indictment and made part thereof. That copy was of an instrument purporting to be a bond of the United States Silver Mining Company of Denver City, Colorado, having printed at its head the words "THE UNITED STATES" in large and conspicuous capitals, followed on a lower line by the words "" in much smaller and less distinct type, and bearing the signatures of "R.E. Hullson, Pres't," and "J.H. Mayson, Sec'y," and otherwise numbered and lettered very much like a genuine bond of the United States.

[p419] The defendant filed a general demurrer to the information, which was overruled by the court; and he then pleaded not guilty, and was tried by a jury, who returned a general verdict of guilty; and he moved for a new trial, for insufficiency of the evidence to support the verdict. The rest of the record (a certified copy of which was the only paper delivered to the keeper of the house of correction) stated that the defendant was brought to the bar in the custody of the marshal, and his motion for a new trial overruled, "and the said defendant, being now inquired of by the court if he have aught to say why the judgment and sentence of the court should not now be pronounced against him upon the verdict and finding of the jury in this case, finding him guilty of passing a counterfeit United States bond, and saying nothing further than he hath already said; and the court being now well advised in the premises; it is therefore considered, ordered, adjudged and sentenced that said defendant, James S. Wilson, do pay to the United States a fine of five thousand dollars for said offence and all the costs of this proceeding, and that the United States have execution therefor, and that he be imprisoned for and during the term of fifteen years at hard labor in the House of Correction at Detroit, Michigan, and that the said marshal of this district convey the said prisoner to the house of correction aforesaid, and deliver him to the custody of the keeper thereof; and that the clerk of this court make out for said marshal two copies of this judgment and sentence, duly certified under the seal of, this court, one of which the said marshal shall deliver to the keeper of said house of correction, and the other return and file in this court, with the receipt of said keeper thereon."

The offence described in Rev. Stat. § 5430 is punishable by a fine of not more than $5,000, or by imprisonment at hard labor not more than fifteen years, or by both; and the offence described in § 5431 is punishable by a like fine and imprisonment.

The petitioner alleged in his petition, and contended in argument that his imprisonment was illegal, upon the following grounds:

First, That in excess of the powerof the court, and in violation [p420] of the Fifth Amendment of the Constitution, he had been held to answer for, an infamous crime, and punished by a fine of $5,000 and imprisonment for the term of fifteen years at hard labor, without presentment or indictment by a grand jury.

Second, That he was held under a judgment void; and in excess of the power of the court, upon an information for a crime which was not committed against the provisions of chapter 7 of the title Crimes in the Revised Statutes, in which cases informations were expressly authorized, and to which they were impliedly restricted, by § 1022 of those statutes.

Third, That the judgment was void and in excess of the power of the court, because the conviction and the sentence were for different offences, the conviction being for having in possession a bond of a mining company in the similitude of a United States bond, and the sentence being for passing a counterfeit United States bond.

Fourth, That he was held by the keeper of the Detroit House of Correction without authority of law, because the order of the court for his imprisonment did not show that the court had determined two questions of fact which were made by Rev. Stat. §§ 5541, 5546, conditions precedent to the exercise of its power to sentence to a prison outside the State of Arkansas, namely, 1st, that there was no suitable prison in that State, and, 2d, that the Attorney-General had designated the Detroit House of Correction as a suitable penitentiary in another State.

Fifth, That the keeper had no warrant or mittimus authorizing him to hold the prisoner, as required by Rev. Stat. § 1028.

Mr. Alfred Russell for petitioner.

Mr. Assistant Attorney-General Maury, contra.

title: Ex parte Wilson (114 U.S. 417)


text:
Ex parte Wilson (114 U.S. 417)/Opinion of the Court

Mr. Justice Gray, after stating the facts in the foregoing language, delivered the opinion of the court.

It is well settled by a series of decisions that this court, having [p421] no jurisdiction of criminal cases by writ of error or appeal, cannot discharge on habeas corpus a person imprisoned under the sentence of a circuit or district court in a criminal case, unless the sentence exceeds the jurisdiction of that court, or there is no authority to hold him under the sentence. Ex parte Watkins, 3 Pet. 193, and 7 Pet. 568; Ex parte Lange, 18 Wall. 163; Ex parte Parks, 93 U.S. 18; Ex parte Siebold, 100 U.S. 371; Ex parte Curtis, 106 U.S. 371; Ex parte Carll, 106 U.S. 521; Ex parte Yarbrough, 110 U.S. 651; Ex parte Crouch, 112 U.S. 178; Ex parte Bigelow, 113 U.S. 328.

None of the grounds on which the petitioner relies, except the first, require extended discussion.

The provision of Rev. Stat. § 1022, derived from the Civil Rights Act of May 30, 1870, ch. 114, § 8, authorizing certain offenses to be prosecuted either by indictment or by information, does not preclude the prosecution by information of other offenses of such a grade as may be so prosecuted consistently with the Constitution and laws of the United States.

The objection of variance between the conviction and the sentence is not sustained by the record. The first count is for unlawfully having in possession, with intent to sell, an obligation engraved and printed after the similitude of securities issued under authority of the United States, and the copy annexed and referred to in that count is of such an obligation. Both the verdict and the sentence are general, and therefore valid if one count is good. United States v. Snyder, 112 U.S. 216. The mis-recital of the verdict, in the statement of the intermediate inquiry whether the prisoner had aught to say why sentence should not be pronounced against him, is no more than an irregularity, or error, not affecting the jurisdiction of the court.

The omission of the record to state, as in Ex parte Karstendick, 93 U.S. 396, that there was no suitable penitentiary within the state, and that the Attorney-General had designated the House of Correction at Detroit as a suitable place of imprisonment outside the state, is even less material.

The certified copy of the record of the sentence to imprisonment in the Detroit House of Correction, if valid upon its [p422] face, is sufficient to authorize the keeper to hold the prisoner, without any warrant or mittimus. People v. Nevins, 1 Hill (N.Y.) 154.

But if the crime of which the petitioner was accused was an infamous crime, within the meaning of the Fifth Amendment of the Constitution, no court of the United States had jurisdiction to try or punish him, except upon presentment or indictment by a grand jury.

We are therefore necessarily brought to the determination of the question whether the crime of having in possession, with intent to sell, an obligation engraved and printed after the similitude of a public security of the United States, punishable by fine of not more than $5,000, or by imprisonment at hard labor not more than 15 years, or by both, is an infamous crime, within the meaning of this Amendment of the Constitution.

The first provision of this Amendment, which is all that relates to this subject, is in these words: "No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger."

The scope and effect of this, as of many other provisions of the Constitution, are best ascertained by bearing in mind what the law was before.

Mr. William Eden (afterwards Lord Auckland) in his Principles of Penal Law, which passed through three editions in England and at least one in Ireland within six years before the declaration of independence, observed: "There are two kinds of infamy: the one founded in the opinions of the people respecting the mode of punishment; the other in the construction of law respecting the future credibility of the delinquent." Eden's Principles of Penal Law, ch. 7, § 5.

At that time, it was already established law, that the infamy which disqualified a convict to be a witness depended upon the character of his crime, and not upon the nature of his punishment. Pendock v. Mackinder, Willes, 665; Gilb. Ev 143; 2 Hawk. ch. 46, § 102; The King v. Priddle, 1 Leach, (4th ed.) [p423] 442. The disqualification to testify appears to have been limited to those adjudged guilty of treason, felony, forgery, and crimes injuriously affecting by falsehood and fraud the administration of justice, such as perjury, subornation of perjury, suppression of testimony by bribery, conspiring to accuse one of crime, or to procure the absence of a witness, and not to have been extended to cases of private cheats, such as the obtaining of goods by false pretenses, or the uttering of counterfeit coin or forged securities. 1 Greenl. Ev. § 373; Utley v. Merrick, 11 Metc. 302; Fox v. Ohio, 5 How. 410, 433, 434.

But the object and the very terms of the provision in the Fifth Amendment show that incompetency to be a witness is not the only test of its application.

Whether a convict shall be permitted to testify is not governed by a regard to his rights or to his protection, but by the consideration whether the law deems his testimony worthy of credit upon the trial of the rights of others. But whether a man shall be put upon his trial for crime without a presentment or indictment by a grand jury of his fellow-citizens depends upon the consequences to himself if he shall be found guilty.

By the law of England, informations by the Attorney-General, without the intervention of a grand jury, were not allowed for capital crimes, nor for any felony, by which was understood any offense which at common law occasioned a total forfeiture of the offender's lands or goods, or both. 4 Bl. Com. 94, 95, 310. The question whether the prosecution must be by indictment, or might be by information, thus depended upon the consequences to the convict himself. The Fifth Amendment, declaring in what cases a grand jury should be necessary, and, in effect, affirming the rule of the common law upon the same subject, substituting only, for capital crimes or felonies, "a capital or otherwise infamous crime," manifestly had in view that rule of the common law, rather than the rule on the very different question of the competency of witnesses.

The leading word "capital" describing the crime by its punishment only, the associated words "or otherwise infamous crime" must, by an elementary rule of construction, include crimes subject to any infamous punishment, even if they should [p424] be held to include also crimes infamous in their nature, independently of the punishment affixed to them.

A reference to the history of the proposal and adoption of this provision of the Constitution confirms this conclusion. It had its origin in one of the Amendments, in the nature of a bill of rights, recommended by the convention by which the State of Massachusetts in 1788 ratified the original Constitution, and as so recommended was in this form: "No person shall be tried for any crime by which he may incur an infamous punishment or loss of life, until he be first indicted by a grand jury, except in such cases as may arise in the government and regulation of the land and naval forces." Journal Massachusetts Convention 1788, (ed. 1856) 80, 84, 87; 2 Elliot's Debates, 177. As introduced by Mr. Madison in 1789 at the first session of the House of Representatives of the United States, it stood thus: "In all crimes punishable with loss of life or member, presentment or indictment by a grand jury shall be an essential preliminary." Being referred to a committee, of which Mr. Madison was a member, it was reported back in substantially the same form in which it was afterwards approved by congress, and ratified by the States. 1 Annals Cong. 435, 760.

Mr. Dane, one of the most learned lawyers of his time, and who as a member of the Continental Congress took a principal part in framing the Ordinance of 1787, for the government of the Northwest Territory, assumes it as unquestionable that, by virtue of the amendment of the Constitution, informations "cannot be used where either capital or infamous punishment is inflicted." 7 Dane Ab. 280. Judge Cooley has expressed a similar opinion. Cooley, Principles of Constitutional Law, 291.

The only mention of informations in the first Crimes Act of the United States is in the clause providing that no person "shall be prosecuted, tried, or punished, for an offense not capital, nor for any fine or forfeiture under any penal statute, unless the indictment or information for the same shall be found or instituted within two years from the time of committing the offense, or incurring the fine or forfeiture." Act of April [p425] 30, 1790, ch. 9, § 32, 1 Stat. 119. For very many years afterwards informations were principally, if not exclusively, used for the recovery of fines and forfeitures, such as those imposed by the revenue and embargo laws. Acts of July 31, 1789, ch. 5, § 27, 1 Stat. 43; March 26, 1804, ch. 40, § 3, and March 1, 1809, ch. 24, § 18, 2 Stat. 290, 532; United States v. Hill, 1 Brock. 156, 158; United States v. Mann, 1 Gallison 3, 177; Walsh v. United States, 3 Woodb. & Min. 341. Mr. Justice Story, writing in 1883, said: "This process is rarely recurred to in America, and it has never yet been formally put into operation by any positive authority of congress, under the national Government in mere cases of misdemeanor; though common enough in civil prosecutions for penalties and forfeitures." Story on the Constitution § 1780.

The informations which passed without objection in United States v. Isham, 17 Wall. 496, and United States v. Buzzo, 18 Wall. 125, were for violations of the stamp laws, punishable by fine only. And the offense which Mr. Justice Field and Judge Sawyer held in United States v. Waller, 1 Sawyer, 701, might be prosecuted by information, is there described as "an offence not capital or otherwise infamous," and, as appears by the statement of Judge Deady in United States v. Block, 4 Sawyer, 211, 213 was the introduction of distilled spirits into Alaska, punishable only by fine of not more than $500, or imprisonment not more than six months. Act of July 27, 1868, ch. 273, § 4; 15 Stat. 241.

Within the last fifteen years, prosecutions by information have greatly increased, and the general current of opinion in the circuit and district courts has been towards sustaining them for any crime, a conviction of which would not at common law have disqualified the convict to be a witness. United States v. Shepard, 1 Abbott U.S. 431; United States v. Maxwell, 3 Dillon, 275; United States v. Block, 4 Sawyer, 211; United States v. Miller, 3 Hughes, 553; United States v. Baugh, 4 Hughes, 501; United States v. Yates, 6 Fed. Rep. 861; United States v. Field, 21 Blatchford, 330; In re Wilson, 18 Fed. Rep. 33.

But, for the reasons above stated, having regard to the object [p426] and the terms of the first provision of the Fifth Amendment, as well as to the history of its proposal and adoption, and to the early understanding and practice under it, this court is of opinion that the competency of the defendant, if convicted, to be a witness in another case is not the true test; and that no person can be held to answer, without presentment or indictment by a grand jury, for any crime for which an infamous punishment may be imposed by the court.

The question is whether the crime is one for which the statutes authorize the court to award an infamous punishment not whether the punishment ultimately awarded is an infamous one. When the accused is in danger of being subjected to an infamous punishment if convicted, he has the right to insist that he shall not be put upon his trial, except on the accusation of a grand jury.

Nor can we accede to the proposition, which has been sometimes maintained, that no crime is infamous, within the meaning of the Fifth Amendment, that has not been so declared by congress. See United States v. Wynn, 3 McCrary, 266, and 11 Fed. Rep. 57; United States v. Petit, 11 Fed. Rep. 58; United States v. Cross, 1 McArthur, 149. The purpose of the Amendment was to limit the powers of the legislature, as well as of the prosecuting officers, of the United States. We are not, indeed, disposed to deny that a crime, to the conviction and punishment of which congress has superadded a disqualification to hold office, is thereby made infamous. United States v. Waddell, 112 U.S. 76, 82. But the Constitution protecting every one from being prosecuted, without the intervention of a grand jury, for any crime which is subject by law to an infamous punishment, no declaration of Congress is needed to secure or competent to defeat the constitutional safeguard.

The remaining question to be considered is whether imprisonment at hard labor for a term of years is an infamous punishment.

Infamous punishments cannot be limited to those punishments which are cruel or unusual, because, by the Seventh Amendment of the Constitution, "cruel and unusual punishments" are wholly forbidden, and cannot therefore be lawfully [p427] inflicted even in cases of convictions upon indictments duly presented by a grand jury.

By the first Crimes Act of the United States, forgery of public securities, or knowingly uttering forged public securities with intent to defraud, as well as treason, murder, piracy, mutiny, robbery, or rescue of a person convicted of a capital crime, was punishable with death; most other offenses were punished by fine and imprisonment; whipping was part of the punishment of stealing or falsifying records, fraudulently acknowledging bail, larceny of goods, or receiving stolen goods; disqualification to hold office was part of the punishment of bribery; and those convicted of perjury or subornation of perjury, besides being fined and imprisoned, were to stand in the pillory for one hour, and rendered incapable of testifying in any court of the United States. Act of April 30, 1790, ch. 9; 1 Stat. 112–117; Mr. Justice Wilson's Charge to the Grand Jury in 1791, 3 Wilson's Works, 380, 381.

By that act, no provision was made for imprisonment at hard labor. But the punishment of both fine and imprisonment at hard labor was prescribed by later statutes, as, for instance, by the act of April 21, 1806, ch. 49, for counterfeiting coin, or uttering or importing counterfeit coin; and by the act of March 3, 1825, ch. 65, for perjury, subornation of perjury, forgery, and counterfeiting, uttering forged securities or counterfeit money, and other grave crimes. 2 Stat. 404; 4 Stat. 115. Since the punishments of whipping and of standing in the pillory were abolished by the act of February 28, 1839, ch. 36, § 5; 5 Stat. 322; imprisonment at hard labor has been substituted for nearly all other ignominious punishnents, not capital. And by the act of March 3, 1825, ch. 65, § 15, re-enacted in Rev. Stat. § 5542, any sentence of imprisonment at hard labor may be ordered to be executed in a state prison or penitentiary. 4 Stat. 118.

What punishments shall be considered as infamous may be affected by the changes of public opinion from one age to another. In former times, being put in the stocks was not considered as necessarily infamous. And by the first judiciary act of the United States, whipping was classed with moderate [p428] fines and short terms of imprisonment in limiting the criminal jurisdiction of the District Courts to cases "where no other punishment than whipping, not exceeding thirty stripes, a fine not exceeding one hundred dollars, or a term of imprisonment not exceeding six months, is to be inflicted." Act of September 24, 1789, ch. 20, § 9; 1 Stat. 77. But at the present day either stocks or whipping might be thought an infamous punishment.

For more than a century, imprisonment at hard labor in the state prison or penitentiary or other similar institution has been considered an infamous punishment in England and America.

Among the punishments "that consist principally in their ignominy," Sir William Blackstone classes "hard labor, in the house of correction or otherwise," as well as whipping, the pillory, or the stocks. 4 Bl. Com. 377. And Mr. Dane, while treating it as doubtful whether confinement in the stocks or in the house of correction is infamous, says, "Punishments, clearly infamous, are death, gallows, pillory, branding, whipping, confinement to hard labor, and cropping." 2 Dane, Ab. 569, 570.

The same view has been forcibly expressed by Chief Justice Shaw. Speaking of imprisonment in the state prison, which by the statutes of Massachusetts was required to be at hard labor, he said: "Whether we consider the words 'infamous punishment' in their popular meaning, or as they are understood by the Constitution and laws, a sentence to the State prison, for any term of time, must be considered as falling within them. The convict is placed in a public place of punishment, common to the whole State, subject to solitary imprisonment, to have his hair cropped, to be clothed in conspicuous prison dress, subjected to hard labor without pay, to hard fare, coarse and meager food, and to severe discipline. Some of these a convict in the house of correction is subject to; but the house of correction, under that and the various names of work-house and bridewell, had not the same character of infamy attached to it. Besides, the State prison, for any term of time, is now by law substituted for all the ignominious punishments formerly in use; and, unless this is infamous, [p429] then there is now no infamous punishment other than capital." Jones v. Robbins, 8 Gray, 329, 349. In the same case, Mr. Justice Merrick, while dissenting from the rest of the court upon the question whether under the words "the law of the land" in the Constitution of Massachusetts an indictment by a grand jury was essential to a prosecution for a crime punishable by imprisonment in the state prison, and taking a position upon that question more accordant with the recent judgment of this court in Hurtado v. California, 110 U.S. 516, yet concurred with the other judges in holding that such imprisonment at hard labor was an infamous punishment. 8 Gray, 370–372.

Imprisonment at hard labor, compulsory and unpaid, is, in the strongest sense of the words, "involuntary servitude for crime," spoken of in the provision of the Ordinance of 1787, and of the Thirteenth Amendment of the Constitution, by which all other slavery was abolished.

Deciding nothing beyond what is required by the facts of the case before us, our judgment is that a crime punishable by imprisonment for a term of years at hard labor is an infamous crime, within the meaning of the Fifth Amendment of the Constitution; and that the District Court, in holding the petitioner to answer for such a crime, and sentencing him to such imprisonment, without indictment or presentment by a grand jury, exceeded its jurisdiction, and he is therefore entitled to be discharged.

Writ of habeas corpus to issue.


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we examine into the history of the creation of most of the Works of High Art, which have from time to time appeared on the horizon, and reached the grand meridian of worldly fame, we shall most generally find that the elements of which they were composed have been seething in embryo in their several authors’ brains long before brought to birth; and frequently some happy combinations of circumstances arise to further and usher their progress into life. The Poem of the “Freischütz,” or rather the legendary lore with which it is imbued, was from his earliest childhood a day-dream with Friedrich Kind, the friend of Weber and the fellow-author of this marvellous master-piece of Musical Genius.

Kind was born at Dresden on the 4th of March, 1767. His father was a barrister and justiciary, a contemporary with Gellert, Gottsched, Ernesti, Reiske, and even Gleim, besides, a man himself of no mean learning and talents ; so that the poetical and literary tastes of the young Friedrich received early their fitting cultivation. One day, after turning over loads of such books as those of Musæus, Benedict Raubert, &c. novels and tales, new and old, of high or low degree, Kind and Weber began by fingering page after page, in the hope of discovering a fitting subject for their joint labors. “Ah!” Kind at last exclaimed as he drew forth the undermost volume from the heap, “here is something that will suit us both, yourself especially, who are so learned in Folk-lore, but—but—.” “What is it?” cried Weber. Kind held him out the “Gespensterbuch ,” “Apel’s Freischütz!” he knew it; was struck with the idea; and exclaimed—“Glorious! glorious!” After some doubts, however, on both sides, as to the practicability of the plot, they parted from one another with the conviction that they must give it up. Kind, notwithstanding, was not quite so easily brought to a resignation upon the subject as Weber: at last, a plan for the due fitting of his materials flashed upon him; he was with Weber in a trice, and unfolded to him the various workings of the plot, which was joyfully hailed by the latter.

We will now lay before our readers the materia upon which Kind founded his drama, and then demonstrate how he manipulated the subject here presented, into a form adapted to the harmonic robing Weber had to invest it with. In the First Volume of the above-mentioned “Gespensterbuch” will be found the following Popular Tradition, which we have freely rendered from the original: it is entitled,—

“Hark ye, mother,”—said the old Forester Bertram of Lindenhayn—“ye know I wish ye nought but love, yet, clear your brain of this one crotchet, and fortify the girl’s spirit to obey me. I refuse flatly; so let her weep away—and submit; there is no use in any more nonsense or delay.”

“But, father dear,”—chimed in the Forester’s wife imploringly,—“would not our Kate be as happy with the young clerk, as with the hunter Robert? You know not Wilhelm sufficiently, he is so brave a lad, and one so true of heart.”

“But no huntsman,”—answered the Forester,—“my Forestry hath been bequeathed for these two hundred years from father straight to son. Had ye brought me a boy ’stead of this girl, it might have been; to him I could have left my place, and Kate have chosen her own suitor at her will; but, as it standsno! The whole source of my care and anxiety is, that the Duke should elect my son-in-law at the Trial-shot; let him be but a first-rate marksman, need I sacrifice then the girl? No, mother Anne, I do not stickle for Robert; if he please ye noway, pick me out some gallant young huntsman, to whom during life-time I can hand my office o’er, we will then pass our old days in peace among our children, with a little sport my mere occasional pastime.”

Mother Anne would have spoken yet one good word more for the young clerk, but the Forester, who well knew the cunning of a woman’s persuasive powers, would not submit his resolution to the chance of another attack; so, taking his gun from the wall, he went out into the wood.

Scarcely had he turned the corner of the house, when Kate popped smilingly in at the door her pretty little head covered with its golden locks. “Has all gone well, mother darling? is it so?”—she cried, and springing at one bound into the chamber, she flung her arms around the neck of the Forester’s wife.

“Ah, Kate, be not too gladsome,”—rejoined the mother,—“thy father is good,—kindly, heartfully good, but he will give thee to no man, unless he be a hunter; with that determination has he left me, and I know him well.”

Kate wept piteously, and would rather die than be torn from her Wilhelm. The mother scolded and consoled her by turns, and finally joined her tears to those of the daughter. She even spake of attempting to capture the Forester’s heart by storm, when a knock was heard at the door, and Wilhelm entered.

“Ah, Wilhelm,”—cried Kate to him, with streaming eyes,—“we must part! find thee another sweatheart, thou mayest not be my life, nor yet I thine; father will give me to Robert, because that he is a hunter, and mother cannot help us. But though I must leave thee, I will never be another’s, and remain thine,—true to thee, ’till death.”

Mother Anne told the young clerk (who knew not what to make of Kate’s address) to be calm, and narrated to him, how that Old Bertram had no personal objection against him, but that in order to ensure the succession of his Forestry to his heirs, he must have for a son-in-law—a hunter.

“Is that all?”—replied Wilhelm tranquilly, pressing the weeping girl to his breast.—“Come, have a good heart, sweet Kate. At hunting-craft I am not utterly unskilful, having served pupillage therein with my uncle the Head-forester Finsterbuch, and must only leave my godfather the Baillie and his writing-desk, for the hunter’s pouch. What boots to me the promised wardenship, if that I cannot place my Kate as lady-bailiff near me on the bench? Make but a choice equal to thy mother’s, let Wilhelm the Forester be as dear to thee as Wilhelm the Clerk, and willingly I change; how far pleasanter the wild free hunter-life, than a stiff existence in the town!”

“O thou glorious, golden Wilhelm!”—exclaimed Kate, and every

Rh