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In the one, the maxim in pari delicto potior est conditio defendentis, and the invalidity of contracts contemplating it, show that the conduct is outside the protection of the law. In the other, it is otherwise. /1/ This opinion is confirmed by the fact, that almost the only cases in which the distinction between prohibition and taxation comes up concern the application of these maxims.
"Nor is he jealous now; but you must know that there is an English law which allows the husband to arrest his wife and her lover if he finds them in 'flagrante delicto'. He only wants two witnesses, and it is enough that they are sitting together on a bed. The lover is forced to pay to the husband the half of all he possesses.
It is usual when incendiary fires or robberies have been rife in any district to place that part of the country under the Statorium, so that if any person or persons are caught in flagrante delicto, they are summarily tried and hung before a week is over. When I was in Transylvania in the autumn of '75, the whole of the north-eastern corner was under the Statorium.
He had, with a vengeance; for not only had he seized me `flagrante delicto, as the captain said to me subsequently, he being a Latin scholar, the meaning of which was, I suppose, that I had the delicious fragrance of the 'baccy about me, but Smithers, the corporal, wrenched the pipe that was the cause of all the mischief from my hand, as I hastily removed it from my mouth and attempted to conceal it.
We, quite unconscious of what was done, came soon after, found our veal, and marched off with it. The prisoners were in the meantime sent on board the flag ship, with the charge of robbery strongly preferred against them; indeed, flagrante delicto was proved.
On this side there is no external check, no Spanish or German army capable of at once taking them in flagrante delicto, and of profiting by their ambitious incapacity and mischievous interference. Whatever the social instrumentality may be judiciary, administration, credit, commerce, manufactures, agriculture they can dislocate and destroy it with impunity.
This, and not unnaturally, on such a squally coast, Rob MacNicol had constituted an altogether unforgivable offence; and his first impulse was to jump down to the stern of the boat and give the helmsman, caught in flagrante delicto, a sounding whack on the side of the head. But a graver sense of justice prevailed. He summoned a court-martial.
The chief, and his support, the chief clerk, ignored the existence of any. Lord Lyons went home and sent to the department American precedents and authorities. No Minister of Foreign Affairs in Europe, together with his chief clerk, could ever be caught in such a flagrante delicto of ignorance. This chief clerk made Mr. Seward make un pas de clerc, and this at the start.
When obliged to punish a boy caught "flagrante delicto," he invariably looked out for some way to make it up to him later. It was the odd way he did it which endeared him to us, as if apologizing for the kindness. Thus, on one occasion, suddenly in most righteous anger, just as if a parenthesis to the remark he was making, he interposed, "Come and be caned, boy. My study, twelve o'clock."
She received me politely, and began to talk of the Corticelli affair with great affability; but I did not like her, and replied dryly that I had had no hesitation in abandoning the girl to the protection of the gallant gentleman with whom I had surprised her in 'flagrante delicto'. She told me I should be sorry for it, and that she would publish a little story which she had already read and which did not do me much credit.
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