A reprieve, respite, or suspension of sentence should always be for a definite time; after which the sentence revives with its original force, unless it is again arrested by some legal method. SECTION 2. APPELLATE PROCEEDINGS. § 85. Writs of error. Appeals. The usual method of obtaining a review of a criminal case is by a writ of error; but in some jurisdictions appeals are allowed. The ordinary way to obtain a writ of error is to obtain a transcript of the record, and, after endorsing upon it the assignment of errors or points relied on, to file the same with the higher court, praying for a writ of error, which will then issue to the lower courts together with a scire facias to the prosecuting attorney, calling on him to answer to the writ. The higher court may grant a supersedeas staying the execution of the sentence, and sometimes allows bail during the appellate proceedings. In the federal courts, the application for a writ of error is filed in the trial court, and the writ may either be granted by the trial judge or by the judge of the higher court. After the writ is served, the clerk sends up the transcript of the record. An appeal is prayed in the lower courts, where the preliminaries are usually arranged, and a transcript of the record sent to the higher court. § 86. Record. Bills of exception. In the court below the clerk keeps a record of the general proceedings, which must contain: The drawing and impaneling of the grand jury; the presentment of the indictment; a copy of the indictment; the capias and its return; the matter of bail; the arrangement; the motion to quash; the plea; each continuance; the calling of the case for trial; the swearing of the jury; the daily proceedings of the trial; the verdict; brief entries of the motion for new trial, and motion in arrest of judgment, and the sentence. The clerk does not keep any record of the minute details; so motions for continuance or for change of venue, challenges to jurors, testimony of witnesses, the instructions of the court, and the various rulings throughout the case, must be preserved by a bill of exceptions, which when certified to by the judge, is filed and becomes a part of the record. This should be filed during the term at which the ruling was entered; unless more time be allowed, which is usually given. § 87. Abstracts. The party who has sued out the writ of error or takes the appeal prepares the synopsis of the record, which is printed and filed as the abstract of the case. If the opposing party is not satisfied with the abstract, he may prepare an additional one. § 88. Briefs and arguments. Each party may prepare briefs which set out the main features of the case, the points of law applicable, and arguments thereon. At the hearing of the writ of error or appeal, oral arguments may be had; but these arguments should be confined to the points made in the briefs. § 89. Action of the court. If, upon considering the entire matter, the judges conclude that the case is without material error, the order is that the judgment of the court below be affirmed. If the judges conclude that there is material error, the order may simply be that the judgment is reversed, which finally ends the matter, or it may be reversed and remanded, which means that the case is sent back for further proceedings in the court below. It is usual for one of the judges to write the opinion of the court. From this opinion one or more of the judges may dissent, putting their views in writing upon the record. These opinions are usually printed in a bound volume of reports. § 90. Re-hearing. After the opinion is filed, the unsuccessful party is permitted to file a petition for a rehearing, calling the attention of the court to matter which may have been misunderstood or over-looked; but the petition should not contain a lengthy argument. If a rehearing is granted, the case is again opened for further briefs and argument. § 91. Pardon, commutation, and reprieve. The final appeal in criminal cases is to the President in federal cases or to the governor in state cases. A pardon is sometimes termed an "act of grace;" but cases often occur where it is an act of justice as a matter of right. This was so in the case of the two Boornes, one of whom was in the penitentiary and the other under sentence of death for the supposed murder of their brother-in-law, who reappeared alive. The pardons there were not acts of grace, but were granted as absolute matters of right. The governor or president may either give a pardon, or may commute the sentence to a less punishment, or, as a temporary relief, may grant a reprieve until the matter is more fully investigated. SALES OF PERSONAL PROPERTY BY ERNEST BANCROFT CONANT, A. B. (Harvard University) Professor of Law, University of Nebraska. § 1. Introduction. The Sales Act. The principles of the law of sales are technical and can best be presented in the form of specific rules. Commissioners for uniform state laws have been appointed by nearly every state in the Union for the purpose of bringing about, so far as possible, uniformity of law in the United States, and the adoption of those rules of law most in accord with what may be considered the general law in America and that which is best adapted to our commercial interests. The Negotiable Instruments Law, the work of these Commissioners, has now (1909) been enacted by thirty |