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Alice mccall glory days top crop top in posie print with plain ruffle that circulates the hem of the top. This top features a shaped arm hole to compliment the style, creating a racer back look on both front and back of the garment. The high rounded neckline is finished with a silver metal button at the nape of the neck and key hole exposing the top of the back. The 'glory day's' top can be worn with a pretty white bra or strapless bra to keep the look of the crop top, otherwise it can be paired with an off white coloured tank to be worn underneath. For a cute spring twin set, this top can be paired with the 'secret garden' short and will create a matching put together look. Otherwise, it can be paired with a plain coloured high waisted short, skirt or pant. This twin set looks great worn to a casual lunch or day-time look, otherwised it can be dressed up according to accessories for a evening vibe. - fine posie print with plain ruffle - silver metal button to close at nape of neck with keyhole - fresh spring day time look fabric composition main: 70% tencel 30% nylon care instructions dry clean only model is 5'9"/ 176.5cm, bust 33", waist 25", hips 35" and is wearing an australian size 8.


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Sci fi/Fantasy image byAndrew Jordan
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25/65, Lalitha Mahal Palace Road Nazarbad, Mysore Karnataka - 570011 India
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text:
- Description
- View Full Specifications
- Year:
- 2015
- Length:
- 34'
- Engine/Fuel Type:
- 3 engines / Gas/Petrol
- Located In:
- Fort Myers, FL
- Hull Material:
- Fiberglass
- 79181-2954643
- Current Price:
This 345 Conquest should be on the at the top of your list of must see boats to view.
Captain maintained, has every conceivable option and low hours on her triple 300 HP Joystick White Verado's.
Equipment includes; White Joystick 300 HP Verado's, Skyhook, Autopilot, Dual Raymarine GS165 Chartplotters, Fish finder, open array radar and Fleer thermal night vision.
Note able options include; Stainless steel anchor, underwater LED lighting, 12 volt receptacles on transom, remote control spotlight, engine water separator/fuel filters, radial outriggers, retractable sunshade, premium audio package, television in cabin, satellite radio, cockpit refrigerator, port side cockpit fold out bench seat, helm deck table, settee storage cabinet in the cabin, optional galley cook plate. Isinglass hardtop enclosure and custom canvas that protects the cockpit bolsters as well as Mercury engine covers.
Standard equipment includes; Kohler generator, cockpit air conditioning and master bed that converts to a dinette.
This vessel is easily seen at our Fort Myers Marine Max location. Call Brian Kemmis for your personal viewing appointment.
Financing is available thru our Fort Myers Marine Max Business Office.
This 345 Conquest is easily seen by appointment at our Fort Myers Marina store.
Call Brian Kemmis 239-481-8200 for your viewing appointment.
Please contact Brian Kemmis at (239) 481-8200
Additional Specs, Equipment and Information:
Warranty: 10 years
Hull Shape: Deep Vee
LOA: 34 ft 0 in
Beam: 11 ft 8 in
Maximum Draft: 1 ft 10 in
Bridge Clearance: 10 ft 0 in with hardtop
Deadrise: 20 ° at Transom
Dry Weight: 16300 lbs
Transom Height: 2 ft 6 in
Max Load Capacity: 5580 lbs
Total Power: 900 HP
Engine 1:
Engine Brand: Mercury
Engine Model: JOYSTICK 300 LG
Engine Type: Outboard
Engine/Fuel Type: Gas/Petrol
Engine Power: 300 HP
Engine 2:
Engine Brand: Mercury
Engine Model: JOYSTICK 300 LG
Engine Type: Outboard
Engine/Fuel Type: Gas/Petrol
Engine Power: 300 HP
Engine 3:
Engine Brand: Mercury
Engine Model: JOYSTICK 300 LG
Engine Type: Outboard
Engine/Fuel Type: Gas/Petrol
Engine Power: 300 HP
Cruising Speed: 32 mph @ 4500 RPM
Maximum Speed: 49 mph
Fresh Water Tanks: 1 (45 Gallons)
Fuel Tanks: 1 (400 Gallons)
Holding Tanks: 1 (20 Gallons)
Number of single berths: 1
Number of double berths: 2
Number of cabins: 1
Number of heads: 1
Seating Capacity: 14
Outside Equipment/Extras
Electric windlass
Standard Equipment
- All rails welded 316-L stainless steel
- All hardware 316-L stainless steel
- Vinylester barrier coat over entire hull and hull sides
Cabin Interior
- 22" flat screen HDTV
- Cabin lights with dimmer switches
- DVD player (12-V)
- Easy to clean interior materials
- Hardwood cabin sole
- Lockable acrylic cabin door
- Opening portholes with screens (5)
- Skylights
- Stereo includes the following:
- Fusion AM/FM/USB/VHF/AUX/iPod/iPhone/Android/Bluetooth/SiriusXM® ready marine stereo
- Stereo remote controls – helm and cockpit
- MP3 input at helm
- JL Audio waterproof speakers – exterior, 7.7" (hardtop (2), aft cockpit (2), 10" subwoofer and amplifier)
- JL Audio speakers – interior, 6.5" (v-berth (2), 8" subwoofer and amplifier)
Port Cockpit Prep & Entertainment Center
- Dedicated cooler storage with cooler slide (35 qt Yeti® cooler included)
- Drawer and tackle storage
- Pull-out footrest for aft facing seat
- Pull-out prep area with solid surface, hinged cutting board and electric grill
Starboard Cockpit Wetbar
- Hinged solid surface lid with recessed insulated cooler below
- Integrated cup holders and storage compartment
- Pull-out drawer storage compartment on starboard cockpit wall with 5 gal pail (replaced by 1.75 cubic ft refrigerator when freezer option is selected)
- Receptacle (12-V)
- Receptacle (120-V)
- Refrigerator / freezer – stainless steel 12-V / 120-V, 2.3 cubic ft (replaced with 1.75 cubic ft and relocated when freezer option is selected)
- Sink with pull-out faucet (hot and cold)
- Stainless steel handrail
- Starboard cutting board
- Stereo remote control – Fusion®
- Wet bar with solid surface counter
- 12-V receptacles (1)
- Accent gelcoat color to reduce glare
- Air conditioning vents for defrost (2)
- Air conditioning vents towards passengers and driver (4)
- Bow thruster control (deleted with Joystick Piloting option)
- Compass
- Cup holders – stainless steel (2)
- Dash visor with stitched fabric cover
- Electrical switch panel with illuminated text
- Electronics mounting surface (space for two 15.5" screens)
- Footrest integrated into helm
- Locking glove box with MP3 input, USB and 12-V receptacle power
- Mercury® DTS dual binnacle controls
- Mercury SmartCraft Vessel View 7" color LCD Display
- Remote ignition key switches located in the cabin MDP with pushbutton triple start/stop at helm
- Starboard helm layout
- Steering wheel – tilt
- Steering wheel with knob – cast stainless steel
- Stereo remote control – Fusion
- Trim tab control
Deck / Cockpit
- 10" stainless steel cleats – bow (2), stern with hawse pipes (2 per side), spring line (2), bow pulpit (1)
- 10" stainless steel pull-up cleats – cross tie cleats at transom (2)
- 28" interior freeboard
- Bow and stern eyes
- Bow pulpit with stainless steel roller assembly
- Cockpit blue and white LED courtesy lighting
- Cockpit coaming bolsters
- Covered telescoping swim ladder with stainless steel grab rail
- Downrigger weight holders (2 per side)
- Forward deck mounted stainless steel rod holders (2)
- Freshwater transom shower with hot and cold water
- Gunnel mounted stainless steel rod holders (4)
- Hawse pipe with integrated drink holders (2)
- Heavy-duty rub rail
- Motor well drains
- Self-bailing cockpit
- Stainless steel grab rails
- Toe rails – cockpit stainless steel port and starboard (2)
- Transom door – 1.5" acrylic with stainless steel latch
- Transom mounted stainless steel rod holders (3)
- Welded stainless steel bow rail
- 300 CXL L6 DTS dual Mercury® Verado FourStroke engines with SmartCraft VesselView display and power steering (91 octane fuel recommended)
Forward Berth
- 120-V receptacle
- 12-V receptacle
- Carbon monoxide detector
- Opening hatch with solar shade and sky screen
- Reading lights (2)
- Storage under dinette seats
- USB power receptacle
- V-berth dinette with high gloss wood table; table drops with electrically actuated pedestal and converts automatically into queen size island bed; island bed comes with fitted sheet, comforter, two regular size pillowcases and throw pillows
- 120-V receptacle
- 12-V receptacle
- Cedar lined hanging locker
- Coffee maker
- Microwave
- Sink with hot and cold water faucet
- Solid surface countertop
- Stainless steel 12-V / 120-V refrigerator / freezer (2.3 cubic ft)
- Stainless steel accent rails
- Trash receptacle
- Wood grain finish cabinets with storage
- 120-V receptacle
- 800 GPH shower sump
- Full length mirror
- LED lighting
- Opening porthole with screen (1)
- Powered ventilation
- Pull-out showerhead with mixer valve
- Shower curtain
- Sink with hot and cold faucet
- Sky light
- Soap and toothbrush holder
- Solid surface vanity countertop
- Toilet paper holder
- Towel rack
- VacuFlush® toilet, holding tank, dockside pump-out, overboard discharge and tank level indicator
- Vanity grab rail
- Vanity storage
Mid Berth
- 12-V receptacle
- 120-V receptacle
- Carbon monoxide detector
- Hardwood cabin sole
- Privacy curtain
- Reading lights (2)
- Throw pillows
- U-shape seating that converts to berth
- Cockpit foldout stern bench seat
- Helm footrest integrated into dash
- Port aft facing seat with filler cushion to convert to a lounge
- Port forward facing 2 person seat with conversion seatback for aft facing seat
- Starboard helm seat / flip-up bolster with armrests with premium pedestal, with fore, aft and rotational adjustability
Starboard Settee
- Coverts to double berth
- Rod storage with accent lighting
- Throw pillows
- Bilge storage tray
- Bow anchor locker with drains with LED light
- Cabin:
- Cabinets at galley and mid-berth port
- Cedar lined hanging locker with light
- Rod racks (4) (deleted with cabinets above settee option)
- Under starboard settee
- Under v-berth seating
- Cockpit
- Behind counter at wet bar
- Downrigger weight holders (4)
- Insulated cooler with solid surface lid
- Pull-out drawer storage with 5 gal pail
- Rod holders under gunnel (4) (deleted with fold-out bench seat options)
- Insulated in-deck fishboxes with pump-out (2)
Open Windshield & Hardtop System
- Canvas – side and aft rigid acrylic weather enclosure with door to cockpit (white)
- Courtesy / chart lights (red and white)
- Custom powder-coated hardtop windshield frame
- Full front tempered glass, full height windshield with electric actuated center vent
- Handhold along hardtop for egress to foredeck
- Ladder access to hardtop
- LED blue lighting (6)
- LED flood lights – cockpit (2)
- LED navigation lights
- Open side tempered glass integrated with hardtop frame
- Opening deck hatches integrated into hardtop (2)
- Outrigger ready
- Pantograph windshield wipers with wash system (3)
- Premium integrated stereo speakers 7.7" (2)
- Rod holders (6)
Exterior Color
Interior Color
The Company offers the details of this vessel in good faith but cannot guarantee or warrant the accuracy of this information nor warrant the condition of the vessel. A buyer should instruct his agents, or his surveyors, to investigate such details as the buyer desires validated. This vessel is offered subject to prior sale, price change, or withdrawal without notice.
Manufacturer Website
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New Jersey Supreme Court
Decided: May 27, 1957.
THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,v.BERNARD B. SPINDEL, DEFENDANT-RESPONDENT
On certified appeal to the Appellate Division of the Superior Court from the Law Division, Criminal, of the Passaic County Court.
For reversal -- Chief Justice Vanderbilt, and Justices Heher, Oliphant, Wachenfeld, Burling, Jacobs and Weintraub. For affirmance -- None. The opinion of the court was delivered by Heher, J.
[24 NJ Page 397] We certified here on our own motion the State's pending appeal to the Appellate Division of the Superior Court from a judgment of the Law Division, Criminal, of the Passaic County Court, entered by the assignment judge, R.R. 3:4-1; 3:5-5(b), dismissing a complaint made under oath September 25, 1956 by an officer of the New Jersey State Police, charging on information and belief that defendant, a resident of New York, "at some time in 1955," in the County of Passaic, in this State, "did unlawfully tap or make a connection with a telephone wire or instrument" of another person to the affiant unknown, "and did take" and "make use of" a "message, communication or a report intended" for another, in contravention of N.J.S. 2 A:146-1.
[24 NJ Page 398]
The complaint was followed by a warrant for the arrest of defendant issued by Judge Colie, then sitting in the Passaic County Court; the arrest was made immediately, and defendant was taken before the Ewing Township [Mercer County] Municipal Court and released in the custody of his counsel for an appearance before Judge Colie in the Passaic County Court on the ensuing September 28. The appearance was made accordingly, and counsel moved for the dismissal of the complaint and the discharge of the accused on the grounds, reduced to writing at a continuance of the hearing held November 9, 1956, (a) that the "arrest and complaint are based upon and were instituted as a result of defendant's answers to questions by a joint investigating committee of the Legislature at a time when defendant was a witness before said body so that such answers were used against defendant in violation of N.J.S. 52:13-3," and (b) for want of jurisdiction over the defendant, he "having been arrested at a time when he was exempt from and not subject to arrest as provided in N.J.S. 2 A:81-21."
R.S. 52:13-3 provides that witnesses "summoned" to appear before "any committee" authorized by that article or "any other law" to conduct "an investigation or inquiry" shall be entitled to fees and mileage as in judicial proceedings; and "all witnesses sworn before any such committee shall answer truly all questions put to them which the Committee shall decide to be proper and pertinent to the investigation or inquiry," and for false swearing shall be guilty of perjury; and "No such witness shall be excused from answering any such questions on the ground that to answer the same might or would incriminate him; but no answers made by any witness to any such questions shall be used or admitted in evidence in any proceeding against such witness, except in a criminal prosecution against the witness for perjury in respect to his answers to such questions." And "Any witness who refuses to answer any questions decided by the Committee to be proper and pertinent shall be guilty of a misdemeanor; and any witness who, having been summoned to appear before any such committee, fails to appear in
[24 NJ Page 399]
obedience to the summons, or, appearing, refuses to be sworn shall be guilty of a misdemeanor."
Affidavits were submitted in support of the motion; and a counter affidavit was presented by Deputy Attorney-General Joelson.
The issue thus raised concerns the nature of the appearance and the status of the accused, a nonresident, as a witness before the Joint Legislative Committee to Study Wiretapping and the Unauthorized Recording of Speech. Was he there in response to a committee subpoena served while he was in New Jersey? He testified at a public hearing of the committee held September 25, 1956 that he had made "between 36 and 50" wiretaps in New Jersey during the prior two or three years; the "last installation" in New Jersey, he said, "was around March, 1956," for a "chemical engineering" concern, a manufacturer of "chemical engineering devices," "in a town adjacent to Passaic," the name of which he could not "recall at the moment," all "without the knowledge" of the local police authorities; he identified his employer in a like activity in another New Jersey municipality he could not remember by name, and then he said he considered it "unfair to request a list of [his] clients."
At this hearing, counsel for the legislative committee said, in response to the Attorney-General's inquiry: "No, no subpoena [for the appearance of the accused as a witness] has been issued to my knowledge"; and the Attorney-General points out that although the accused was then on the witness stand, the reply "elicited no word of correction from him." And it is said in argument that "This clearly discloses that neither the defendant, the Committee Chairman, nor the Committee Counsel considered that the defendant's testimony was given in response to a subpoena and indicates that the defendant was not relying on any statutory immunity when testifying."
But the affidavits introduced in support of the motion tend to show that in the Spring of 1956 defendant "met" in New York City with Senator Forbes, the chairman of [24 NJ Page 400] the legislative committee, and Mr. Cerny, its legal consultant and, to use the words of counsel, he then and there "indicated that he had some information which he thought would be helpful to the Committee in its studies"; Senator Forbes "requested that defendant testify before the Committee at a future date," and defendant "agreed to comply with this request"; June 26, 1956, "at the Robert Treat Hotel, Newark, New Jersey, Russell T. Kerby, Jr., committee counsel, served a committee subpoena on defendant requiring him to appear at a committee hearing on June 29, 1956, or at any adjourned day, at the Chalfonte-Haddon Hall Hotel, Atlantic City, New Jersey"; June 28, 1956, defendant, "who was serving some subpoenas in Atlantic City for the Committee, telephoned Mr. Kerby in Newark and informed him that he was pursuing some investigations which he thought might lead to wiretapping and eavesdropping information in" New Jersey, and "he would be present at the June 29, 1956 hearing in Atlantic City if those investigations were completed"; at 10 A.M., June 29, 1956, "Senator Forbes, Mr. Cerny, and Mr. Kerby conferred and discussed the absence of defendant from the Committee Hearing room," and "decided and declared that the Committee still desired the benefit of Mr. Spindel's testimony, and that his subpoena should be continued and adjourned from day to day until such time as Mr. Spindel could again be in the State of New Jersey to testify"; on or about September 10, 1956, "Senator Forbes telephoned defendant's attorney and informed him that the defendant would be required to testify at an open hearing of the Committee tentatively set for September 18 or 19, 1956, in Trenton, New Jersey"; a few days later, "defendant telephoned Senator Forbes from Alabama, and Senator Forbes again notified defendant that he would be required to testify at a Committee hearing definitely set for September 25, 1956, in the Assembly Chamber, State House, Trenton, New Jersey," and on September 25, 1956, "defendant came in to the State of New Jersey, pursuant to the Committee subpoena and the direction of the Committee chairman, and gave testimony
[24 NJ Page 401]
under oath before the Committee"; and, continues counsel, "Although a statement was made by Committee counsel to the effect that to his knowledge no subpoena had been served on defendant, defendant did not state that he was not under subpoena."
Deputy Attorney-General Joelson affirmed in his affidavit that at the morning session of the legislative committee on September 26, 1956, Senator Forbes said in his opening statement that the committee "would like to ask Mr. Bernard Spindel if he could demonstrate to us some of the methods of tapping wires"; that Spindel's "only connection with this Committee is that we've heard he has an extensive knowledge in the field of wiretapping and that he has consented to assist the Committee by putting on this demonstration this morning of various ways and means of doing it * * *."
Judge Colie found, 43 N.J. Super. 42 (Law Div. 1956), that "These two statements are of no weight against the uncontradicted fact that a subpoena was served upon defendant on June 26; that on June 29 the chairman of the committee adjourned the meeting until September 25 and prior to the later date so advised the defendant"; that the complaint upon which the warrant for arrest issued "was based upon, and only upon, the testimony of the defendant when a sworn witness before the committee"; that "we are not here concerned with a situation where the State might base the facts in the complaint on independent testimony other than that of the witness before the committee"; "the State's brief states that 'it should be clearly understood that the State does not represent that it can produce such evidence in this case,'" and so it was that "by utilizing defendant's testimony as the foundation for the complaint," the State has "violated that part of the immunity provision of N.J.S. 52:13-3 prohibiting its use in any proceeding against defendant"; and, moreover, defendant "was exempt from arrest by reason of N.J.S. 2 A:81-21 * * *."
The State denies defendant's claim to the protection of R.S. 52:13-3, "since he was not 'summoned to appear'"
[24 NJ Page 402]
before the legislative committee in the statutory sense. The argument is that only a "witness" so "summoned" is secure against the proscribed later adverse use of his testimony; that the affidavits submitted in aid of the motion to dismiss are "vague and evasive," and their "equivocal nature * * * points up the fact that actually the defendant was not under subpoena when he testified," and had he failed to appear "at that time and place," he could not have been charged with a misdemeanor under the act for failure "to appear in obedience to the summons, * * *."
We concur in Judge Colie's findings of fact in this regard. On the assumption of the legislative design propounded by the State, the summoned witness may acknowledge the continued operative force of the served subpoena; and on reason and principle the statutory immunity does not depend upon whether his failure to appear at the time when the testimony was given would have rendered him guilty of a misdemeanor under the act. Compare State v. Brewster, 89 N.J.L. 658 (E. & A. 1916). Compulsive response to the summons is not necessarily precluded by the absence of compulsion in law for deficiency in service or a later loss of efficacy, if the witness believes that the process for his attendance as such has continuing force and so he is moved to respond. It would subvert the outstanding policy of the statute were we to hold that a summons good and sufficient in law and of subsisting authority at the time when the testimony is given is a precondition to the operation of the immunity clause. A correct assessment of the witness' legal responsibility cannot be made determinative of the right, if the statutory purpose is to be effectuated. There is no discernible reason of policy for abstract legalism in evaluating the legislative expression. The reason of the enactment prevails over the literal sense of terms. Fischer v. Fischer, 13 N.J. 162 (1953); Wright v. Vogt, 7 N.J. 1 (1951). The manifest policy of a statute is an implied limitation on the sense of general terms, and a touchstone for the expansion of narrower terms. Wene v. Meyner, 13 N.J. 185 (1953). The occasion and necessity of the law, the mischief
[24 NJ Page 403]
felt and the remedy in view are the factors to be considered in the exercise of the interpretive function; and the intention is to be taken or presumed according to what is consonant to reason and good discretion. Leitner v. Citizens Casualty Co. of New York, 135 N.J.L. 608 (E. & A. 1947).
The undoubted reason of the law under review is to render available, in the essential public interest, evidence not otherwise to be had from the particular witness, by refusing to excuse the witness from answering, on the ground of self-incrimination, questions "put to [him]" which the committee shall decide to be "proper and pertinent" to the "investigation or inquiry," but providing that the answers given by the witness shall not be "used or admitted in evidence" in any proceeding against the witness, except in a criminal prosecution for perjury "in respect to his answers to such questions."
We have no occasion now to determine the status in this regard of an unsubpoenaed witness who answers the call of the committee to testify on matters pertinent to the inquiry. The question then would be whether a formal summons to the witness is of vital concern to the policy of the statute. It is to be observed that the first sentence of R.S. 52:13-3 has reference to the fees and mileage to be paid to "witnesses summoned"; the second sentence lays the testimonial duty on "all witnesses sworn before any such committee * * *"; and the last paragraph of the section classifies as a misdemeanant (a) the "witness" who refuses to answer questions deemed by the committee to be proper and pertinent; (b) the "summoned" witness who "fails to appear in obedience to the summons, or (c) appearing, refuses to be sworn * * *."
In early times the witness could not be compelled to come; there was no general testimonial duty; indeed, the ordinary witness, such as we now know him, was "not welcomed," in "radical and strict discouragement" of "maintenance"; then came the statute of Elizabeth, in 1562-3, by which a penalty was imposed and a civil action was granted against any person who refused to attend (in civil causes) after
[24 NJ Page 404]
service of process and tender of expenses. Wigmore on Evidence (3 d ed., 1940), section 2190.
And so it came to be a fundamental maxim that the public has a right to every man's evidence. But testimonial duty for the due course of justice is subject to privileges of exemption which at the outset were declared to be exceptional, and "therefore to be discountenanced"; "There must be good reason, plainly shown, for their existence." Wigmore, section 2192. Among the exceptions to testimonial compulsion at the common law are the privilege against self-incrimination and immunity from arrest. Twining v. State of New Jersey, 211 U.S. 78, 29 S. Ct. 14, 53 L. Ed. 97 (1908); Bram v. United States, 168 U.S. 532, 18 S. Ct. 183, 42 L. Ed. 568 (1897); Wigmore, section 2250 et seq. In the latter regard, "the witness should be encouraged, by the removal of all obstacles, to fulfill [the testimonial duty] freely and promptly; hence, an immunity from arrest on civil process is conceded to him, pending his travel to and from the place of trial and his stay at the place." Wigmore, section 2195(g).
The Legislature has the power to compel performance of the testimonial duty in the pursuit of its investigations and inquiries into matters within its cognizance and sphere of action. McGrain v. Daugherty, 273 U.S. 135, 47 S. Ct. 319, 71 L. Ed. 580 (1927); State v. Brewster, supra; Eggers v. Kenny, 15 N.J. 107 (1954). But in the exercise of the power it must have regard to the privilege against compulsory self-incrimination; and this was the design of R.S. 52:13-3. The act obliges the witness so circumstanced to answer questions pertinent to the inquiry but renders the testimony so given inadmissible as evidence in any proceeding against the witness; such is the full extent of the immunity extended by the Legislature. See N.J.S. 2 A:81-4 et seq.; In re Vince, 2 N.J. 443 (1949). The given immunity does not include freedom from arrest and prosecution for a criminal offense acknowledged by the witness in the course of his testimony, provable by evidence independent of that adduced from the defendant under the
[24 NJ Page 405]
privileged circumstances; the interdiction is against the use of the testimony thus given in any proceeding against the witness, criminal in nature or, perhaps, otherwise contrary to his interest, a question we are not now called upon to decide. It cannot be that the witness may confess a criminal offense while on the witness stand in the legislative inquiry and thereby secure immunity from prosecution, even though the offense may be established by evidence other than his own so given.
Emphasis is placed on the verb "used," as barring the prosecution itself, however the offense may be proved without resort to the evidence adduced from the defendant. The insistence is that the making of the complaint constituted the "use" of defendant's "answers" here. But the associated words "or admitted in evidence" qualify and clarify the more indefinite term "used," and make certain the legislative end in view. "Or" may be employed as a coordinating conjunction introducing a synonymous word or phrase, or it may join different terms expressing the same thing or idea. Webster's New International Dictionary (2 ed.). It may be used as a particle to connect two words denoting the same thing. Oxford English Dictionary.
The expression is to be given a rational construction in keeping with the essential policy of the act.
And immunity from arrest in the given circumstances is not conferred by N.J.S. 2 A:81-21, providing that if "a person comes into this state in obedience to a summons directing him to attend and testify in this state," he shall not, "while in this state pursuant to such summons, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons."
This provision was included in L. 1941, c. 88, entitled "Uniform Act to secure the attendance of witnesses from within or without the State in criminal proceedings." See R.S. 2:97-27. The substance of the act of 1941 is now comprised in N.J.S. 2 A:81-18 through 2 A:81-23, as Article 6 (of Subtitle 9) headed as covering the compulsory
[24 NJ Page 406]
appearance of resident witnesses in "Criminal Prosecutions" in other States and nonresident witnesses in "Criminal Prosecutions" in this State. And N.J.S. 2 A:81-23 provides that the article may be cited as L. 1941, c. 88 was entitled, ubi supra, an act to secure the attendance of witnesses from within or without a state "in criminal proceedings."
N.J.S. 2 A:81-20 provides the mechanism for summoning out-of-state witnesses to testify "in criminal prosecutions, or grand jury investigations commenced or about to commence, in this State"; and N.J.S. 2 A:81-21 renders such witnesses coming into this State in obedience to a summons ad testificandum immune from arrest or the service of process while in this State "pursuant to such summons," that is to say, witnesses summoned to testify in a criminal proceeding or grand jury inquiry. N.J.S. 2 A:81-18 defines "witness" within the intendment of the statute to include "a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding." And the term "summons" in the same section has reference to process for the "appearance of a witness" in proceedings of the stated class.
Moreover, N.J.S. 2 A:81-17 ordains that "a witness shall be privileged from arrest in all civil actions, and no other, during necessary attendance at court or other place, required by subpoena previously duly served * * *." As we have said, this defendant was served in New Jersey.
And it goes without saying that the legislative inquiry here is in no sense a criminal prosecution or proceeding.
Thus, defendant was not, by reason of his testimony so given, immune from arrest for crime; the full measure of the statutory privilege is that "no answers * * * to any such questions shall be used or admitted in evidence in any proceeding against" him. Hence, the answers to the questions put cannot be used in proof of the criminal accusation.
We need not now consider whether the personal privilege against compulsory self-incrimination is waived unless invoked by the witness before the question is answered. There
[24 NJ Page 407]
is no contention of waiver here. See Adams v. State of Maryland, 347 U.S. 179, 74 S. Ct. 442, 98 L. Ed. 608 (1954); also annotations in 145 A.L.R. 1416.
At common law, there is no right to a preliminary hearing on a complaint charging a criminal offense. R.R. 3:2-3 provides that if the arrested defendant does not waive examination, the magistrate shall "hear the evidence" within a reasonable time, and "If, from the evidence, it appears to the magistrate that there is probable cause to believe that an offense has been committed and the defendant has committed it, the magistrate shall forthwith bind him over to await final determination of the cause, otherwise, the magistrate shall discharge him." This course was not followed here; affidavits were used in aid of a motion to dismiss the complaint as in disregard of the statutory immunity and thereby to test the validity of the claimed privilege.
The hearing before the magistrate is not a judicial trial of the accused, but rather a judicial inquiry to determine whether there is "probable cause" for the accusation, the nature of which is thereby made known to the accused, to hold the accused to bail if there be such cause and the offense be bailable, otherwise to relieve him of the restraint upon his liberty, and also to perpetuate the testimony available at the time. 14 Am. Jur. 934-8. See State ex rel. Durner v. Huegin, 110 Wis. 189, 85 N.W. 1046, 62 L.R.A. 700 (Sup. Ct. 1901); Jaffe v. Stone, 18 Cal. 2 d 146, 114 P. 2 d 335, 135 A.L.R. 775 (Sup. Ct. 1941). And a hearing to this end is now in order, on such evidence as may now be had, save that given by the defendant in the legislative inquiry, privileged under the statute.
The judgment is reversed, and the cause is remanded for a hearing in accordance with these conclusions.
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Automated Planning: Theory and Practice
Automated planning technology now plays a significant role in a variety of demanding applications, ranging from controlling space vehicles and robots to playing the game of bridge. These real-world applications create new opportunities for synergy between theory and practice: observing what works well in practice leads to better theories of planning, and better theories ...more
Hardcover, 635 pages
Published May 28th 2004 by Morgan Kaufmann Publishers
(first published May 3rd 2004)
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30 August 2010, Monday, 15:29
author: Olga Murtazina | photo: the press-service of the Ministry of internal affairs in Republic of Bashkortostan
Yuri Chernitsev, the head of the RB Directorate for Combating Economic Crimes, reported interesting data at the briefing, which was held in the press centre of the agency and was devoted to anti-corruption measures. Analysts of the Ministry of the Interior figured out the average size of a bribe in different spheres. Here are the figures for seven months of 2010:
Bodies of authority and management — 143 thousand roubles;
Education — two thousand 500 roubles;
Forest industry — two thousand roubles;
Public health — 500 roubles;
The average sum in the Russian Federation is 29 thousand roubles.
In 2009, the picture was as follows:
Bodies of authority and management — 20 thousand roubles;
Forest industry — four thousand roubles;
Education — two thousand roubles;
Public health — one thousand 500 roubles.
Judging by these data, the average size of a bribe fell almost everywhere, and in government agencies it increased seven times.


text:
Roland Lauer wins state cornhusking again
Armed with gloves and hook, an 84-year-old Gothenburg man won his age division in the Nebraska State Hand Cornhusking contest Oct. 2 in Central City.
Roland Lauer beat the competition in the 75-years-and-older division by picking 169.77 pounds in 10 minutes.
The victory makes him eligible to compete in the national contest in Marshall, MO, this Thursday through Sunday which he plans to do.
Lauer has brought home a national championship trophy twice and has won the state contest around 15 times.
Roland's grandson, Aaron Lauer of Lincoln, won third place and a plaque in a division for boys 20 years and younger at the state contest.
Aaron, now of Lincoln, is a 2011 graduate of Gothenburg High School.
Next year, both the state and national hand cornhusking contest will be in Central City.
Latest Headlines
- Gothenburg 8th graders blast McCook
- Gothenburg plays a feisty brand of basketball at North Platte Jamboree
- Brady volleyball players named to MNAC All-Conference team
- Nebraska Cattlemen host 2016 annual convention
- Chamber hosts Magic on Main Street next week
- Gothenburg youth prepare to serve our country
- Local sisters share more than genetics


text:
|26 Jul 2011
Windows Vista 32 bit
Cannot disable touchpad?
Hi everyone. I'm pretty pleased with W7, having replaced Vista on my Dell Inspiron 1720 (32 bit) laptop. What I cannot do, however, is disable the touch pad - there is no mechanism in the Control Panel. I can only alter settings for the attached mouse. Can you tell me how to disable the touch pad?
Many thanks,
|My System Specs
|26 Jul 2011
You might need to install the full touchpad driver/utility from Dell in order to do this.
|My System Specs
|26 Jul 2011
Windows 7 Ultimate X64 SP1
Or the Dell utilities suite.
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