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He recovered himself directly, though, and burst out laughing. 'Suit of Sir Charles Bassett. Why, he can't sue: he is civiliter mortuus: mad as a March hare: in confinement. Clerk told him he was mistaken; Sir Charles was perfectly sane. 'Good-day, sir. So then Bassett asked him to wait a little. He took the writ away, and showed it Wheeler, no doubt.
"Oh, the court will make you produce him." "But I thought an insane person was civiliter mortuus, and couldn't sue." "So he is; but this man is not insane in law. Shutting up a man on certificates is merely a preliminary step to a fair trial by his peers whether he is insane or not. Take the parallel case of a felon.
Nemo petit, modicis quae mittebantur amicis A Seneca, quae Piso bonus, quae Cotta solebat Largiri; namque et titulis, es fascibus olim Major habebatur dornandi gloria: solum Poscimus, ut coenes civiliter. Hoc face, et esto, Esto, ut nunc multi, dives tibi, pauper amicis. Juv. Sat. v. 108.
The defendant has been here before on a doubtful affidavit. You know, Mr. Heathfield, juries in these cases go by the plaintiff's evidence, and his conduct under cross-examination. And I think it would not be just nor humane to keep this plaintiff in suspense, and civiliter mortuum, any longer. You can take out a commission to examine Richard Hardie." To this Mr.