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 BOWYER, GEORGE (1740?–1800), admiral, third son of Sir William Bowyer, bart., of Denham, Buckinghamshire, and, by right of his wife, of Radley, Berkshire, attained the rank of lieutenant in the navy on 13 Feb. 1758, commander 4 May 1761, and captain 28 Oct. 1762, from which time he commanded the Sheerness frigate till the peace. On the breaking out of the dispute with the colonies of North America he was appointed to the Burford of 70 guns, and early in 1778 was transferred to the Albion of 74 guns, one of the squadron which sailed for North America with Vice-admiral Byron, whom he accompanied to the West Indies, taking part in the battle of Grenada, 6 July 1779. He remained in the West Indies for two years longer, and was present in Sir George Rodney's three actions with the Count de Guichen on 17 April, 15 and 19 May, 1780, in which the Albion suffered severely in men, spars, and hull, and had to be sent to Jamaica for repairs. In 1783 he commissioned the Irresistible of 74 guns, as guardship in the Medway, and commanded there for the next two years, during which time he wore a commodore's broad pennant. In 1784 he was returned to parliament by the borough of Queenborough, and in 1785 was a member of a committee appointed to consider the defences of Portsmouth and Plymouth. On the occasion of the Spanish armament in 1790, he was appointed to the Boyne of 98 guns, a ship newly launched at Woolwich, which, however, was paid off towards the end of the year. On 1 Feb. 1793 he was advanced to the rank of rear-admiral, and shortly afterwards hoisted his flag in the Prince of 90 guns, in the Channel fleet, under the command of Lord Howe. On 1 June 1794 he took an important part in the engagement off Ushant, in which he sustained the loss of a leg. For this he received a pension of 1,000l. in addition to the chain and gold medal, and on 16 Aug. was created a baronet. His wound incapacitated him from further active service, though he was in due course advanced to the rank of vice-admiral, 4 July 1794, and of admiral, 14 Feb. 1799. By the death of his brother in April 1797 he succeeded to the older baronetcy, in which his newer title was merged. He died at Radley, 6 Dec. 1800. He was twice married: first to Lady Downing, widow of Sir Jacob Downing, bart., who died without issue; and second, to Henrietta, only daughter of Admiral Sir Peircy Brett, by whom he had three sons and two daughters.

BOWYER, GEORGE (1811–1883), seventh baronet, jurist, was born on 8 Oct. 1811, at Radley Park, near Abingdon, Berkshire. He was the eldest son of Sir George Bowyer, bart., of Denham Court, Buckinghamshire, by his wife, Anne Hammond, daughter of Captain Sir Andrew Snape Douglas, R.N. Admiral [q. v.] was his grandfather. Sir William Bowyer, knt., teller of the exchequer in the reign of James I, originally purchased the family estate of Denham Court. His grandson, William Bowyer, M.P. for Buckinghamshire in the first two parliaments of Charles II, on 25 June 1660 was created a baronet.

Bowyer was for a short time a cadet of the Royal Military College at Woolwich. On 1 June 1836 he was admitted as a student of the Middle Temple. In 1838 he published 'A Dissertation on the Statutes of the Cities of Italy, and a Translation of the Pleading of Prospero Farinacio in Defence of Beatrice Cenci, with Notes.' On 7 June 1839 he was called to the bar of the Middle Temple, being immediately afterwards (12 June) created an honorary M.A. at Oxford. He then began practising as an equity draughtsman and conveyancer. In 1841 he brought out, in twenty-seven chapters with an appendix, pp. xiv, 712, 'The English Constitution: a Popular Commentary on the Constitutional Laws of England.' This was the first of a series of valuable text-books from his hand on constitutional jurisprudence. On 20 June 1844 he was made a D.C.L. at Oxford. In 1848 he published, in fifty-two chapters, pp. xx, 334, his 'Commentaries on the Civil Law,' inscribed to the Marquis of Lansdowne. In the same year he brought out, in an octavo pamphlet inscribed 'to Henry Lord Holland by his sincere friend,' a vindication of Charles Albert, under the title of 'Lombardy, the Pope, and Austria.' In the July of 1849 he stood unsuccessfully as a candidate for the representation of Reading. He was converted to Catholicism in 1850, and issued in the same year a pamphlet entitled 'The Cardinal Archbishop of Westminster and the New Hierarchy,' 8vo, pp. 42, which was announced on its title-page as issued 'by authority,' and rapidly passed through four editions. Early in the same year he was appointed reader in law at the Middle Temple, and before its close published the first two of his readings, 'On the Uses of the Science of General Jurisprudence and the Classification of Laws,' and 'On the Uses of the Roman Law and its Relation to the Common Law.' In 1851 the whole course was published as 'Readings delivered before the Honourable Society of the Middle Temple,' inscribed to Lord Campbell. During


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 Rh case of her niece with complete success, so far as the wart was concerned; but she was sorry to say that she had forgotten to notice whether the snail had also succumbed.

The lady who in this case applied the remedy cannot be in any sense called a charmer, however much one may insist on calling what she did a charm. In fact, the term charmer tends to be associated with a particular class of charm involving the use of herbs. Thus there used at one time to be a famous charmer living near Kirk Michael to whom the fishermen were in the habit of resorting, and my informant told me that he had been deputed more than once by his fellow-fishermen to go to him in consequence of their lack of success in the fishing. This charmer gave him a packet of herbs, cut small, with directions that they should be boiled, and the water mixed with some spirits—rum, I think— and partly drunk in the boat by the captain and the crew, and partly sprinkled over the boat and everything in it. The charmer clearly defined his position in the matter to my informant. "I cannot", he said, "put the fish in your nets for you; but if there is any mischief in the way of your luck, I can remove that for you." The fishermen themselves had, however, more exaggerated notions of the charmer's functions; for once on a time my informant spent on drink for his boon companions the money which he was to give the charmer, and then he collected herbs himself—it did not much matter what herbs—and took them to his captain, who, with the crew, went through the proper ritual, and made a most successful haul that night. In fact, the only source of discontent was the charmer's not having distributed the fish over two nights, instead of endangering their nets by an excessive haul all in one night. They regarded him as able to do almost anything he liked in the matter.

A lady at Andreas gave me an account of a celebrated charmer who lived between there and the coast. He worked on her husband's farm, but used to be frequently called away to be consulted. He usually cut up wormwood for the people

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


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118 mountains of the Vivarais, volcanoes that have burst through the rocks, and flung them aloft in rents that reveal to this day the agony through which the earth passed when fire and fury broke forth. To the north the Coiron, a chain of huge lava beds overlying other rocks, that have given way and left the chain a mighty hacked and battered saw standing up against the sky. A look at a geological map of the Vivarais shows the Plutonic deposits extended like the fingers of a hand or the nerves of a vine-leaf over the mountain tops.

When did these explosions cease? Some of the deposits are of great age, others are comparatively recent. As we have seen, the bones of men have been found under the lavas of Mont Denise, near Le Puy. Nothing of this kind has been so far discovered in the Vivarais, only the skeletons of the mastodon. But there is historic evidence that leads us to suspect that the last expiring throe was in A.D. 468. S. Mamertus, Bishop of Vienne, instituted Rogation processions, and drew up a litany for use there, because the people were panic-stricken by the earthquakes, by a glare of light in the sky and the falling of ashes, and by loud explosions that were heard. The stags, the wolves even, fled from the Cevennes and took refuge in the towns, laying aside their instinctive fear of men.

Aubenas was erected about a large castle that was begun in the twelfth century and completed in the sixteenth by the Ornano family. It afterwards passed into the possession of the Count of Vogué, who held it till the Revolution. It has happily not been destroyed, and now serves as mairie, tribunal of commerce, etc. The façade is imposing, flanked by round towers and commanded by a square keep. The whole was roofed


text: Weird Tales/Volume 36/Issue 1/The Music From Infinity


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Rh with glazed brown and yellow tiles. A portion was ripped by a storm and has been repaired with green tiles, and the effect is singular, as if a huge pot of green paint had been spilled over the roof.

The church, with a vulgar modern west-front, is wholly modernised within, but without, where not built into houses, shows that the original church was of the fourteenth century. The buttresses were round turrets that have been deprived of their tops. In a chapel of the church is the monument in black marble of the Marshal Ornano, raised by his wife the Duchess. It was mutilated at the Revolution.

The Ornano family was that of the Sovereign Counts of Corsica, descended from Ugo Colonna whom Leo III. charged with the expulsion of the Saracens from that isle. He was invested with the title of Count by Charlemagne, and he obtained at the same time sovereign rights.

The Genoese, by making themselves masters of Corsica, drove out the Ornanos, and Sanpietro, who went into the service of France, was engaged all his life in fighting the Genoese; and he succeeded in gaining the whole island for France, but Henry II. basely restored it to the Genoese. His son, Alphonso d'Ornano, born in 1548, died in 1610. He fought the Genoese like his father, and with equal success, and was created Marshal of France. His son, Jean Baptiste, was born in 1583, and died in 1626. He was brought up at the Court and was appointed governor of Pont-Esprit, and he was there when tidings reached him of the assassination of Henry IV. He married the Countess of Montlaure, an heiress. Under De Luynes he was appointed tutor to the Duke of Orléans, the King's brother, and governor


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Author:Thorp McClusky

Works

 * Loot of the Vampire
 * (part 1 of 2)
 * (part 2 of 2)
 * (later republished in Avon Fantasy Reader 6)

title: Author:Thorp McClusky


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120 for the King in Normandy. The favour in which he was held raised him many enemies, and they persuaded Louis XIII. to withdraw his offices from him, and bid him retire to his estates. Ornano at once demanded admittance to the young King, and placed his person at his disposal. Let him be sent to prison, he urged, for he was resolved not to go back into Languedoc with the stigma of disgrace upon him. This bold conduct confounded his foes, and satisfied the King as to his innocence. His former offices were restored to him, and he was named Marshal of France. But Ornano was a bad courtier. He refused to go cap in hand and thank Richelieu for his restoration to honour, and he was so imprudent as to advise the King that he was old enough no longer to be held in leading-strings. The Cardinal, in alarm, had him arrested and thrown into the Castle of Vincennes and summarily poisoned, before any steps could be taken to obtain his release under the King's hand and seal. The Marshal died at the age of forty-three without issue, and his sorrowing widow had the magnificent mausoleum erected to him in the church of Aubenas.

From Aubenas an electric tram conveys one in ten minutes to Vals on the Volane, a lively spot during the season, dead out of it when the hotels are shut and the shops containing wares to attract visitors are closed. The only object of interest in Vals itself is the intermittent spring on the left bank of the stream. This rises in a paved basin with no outlet; and springs forth five times during the day. The hours are not certain, but almost invariably it jets at eleven o'clock or a few minutes later, sometimes leaping to the height of fifteen feet, sometimes rising no more than three, and emitting


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Rh sulphuretted hydrogen, which phthisic patients inhale eagerly. When the water falls it is sucked back into the bore.

The splendid ruins of the Castle of Boulogne attract a host of visitors from Vals annually during the season. It is reached by carriage, quitting the high road from Aubenas to Privas by a branch road from Auriolles to S. Etienne. The castle was built by a Count of Valentinois in the eleventh century. It remained in the hands of the Grimaldi, Counts of Valentinois, to 1344. In 1384 it became the property of the Lestranges, and they retained it to 1579; when it passed to the de Hautefort de Lestranges till 1632. After that it shifted proprietors rapidly. At the Revolution it belonged to Fay-Gerlande till 1794, when it was sold. The


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122 Count, seeing what was coming, disposed of most of his land to one Blaise Comte on condition that he should every year present a violet at the castle on the 15th of March. Nevertheless it was disposed of to a man of S. Etienne, who pulled much of it down and sold the materials. It was then purchased by the Abbé Volle, curé of Asperjoc, to rescue it from complete demolition, and he retained it for thirty years and then disposed of it to the Marquess Theodore de Lestrange. The magnificent gateway with twisted columns and the arms of Montlaun was erected by Claude René d'Hautefort de Lestrange, who brought to him the barony of Privas; he it was who transformed a feudal stronghold into a sumptuous palace. The façade is sustained on a structural terrace.

A favourite walk of but an hour above Vals and through the valley of the Volane leads to Antraigues. The river has worked its laborious course through masses of basalt and beds of scoria overlying granite and porphyry. At every step some fresh picture opens or some fresh object of interest arrests the eye. Here is a precipice over which leaps a stream in a beautiful fall; there colonnades of prismatic form; further on masses of scoriæ brought down by the rains from the mountain side, whose flanks have been bared. The road plunges even deeper into the ravine that narrows. Then a stream bounds in a double fall over a basaltic face of rock, the second leap being formed by a ledge entitled the Devil's Chair, on which His Majesty is said to cool himself in the water on leaving his heated realms below. Next the Cheese Rock is reached, a mass of basalt standing by itself, and Antraigues appears as an eagle's nest perched on a peninsula of crag between


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Rh three valleys, those of the Mas, the Bise, and the Volane. The tower of the church is all that remains of the old fortress of the Marquesses of Antraigues. The site is savage, amidst green chestnuts, black lava rocks, and red volcanic cinders. The Marquesses of Antraigues bore an evil name as robbers, lawless and violent in the extreme, for which several were executed at Toulouse. The story of the last of those who owned and for a while occupied the castle forms the theme of Jules Claretie's Les Muscadins.

Emmanuel-Louis-Henri de Launez, Comte d'Antraigues, was born at Villeneuve de Berg, in the Vivarais, in 1755. In 1788 he published a Mémoire sur les états généraux, which attracted attention, as in it he denounced the hereditary nobility as the greatest scourge with which heaven could chastise a free people. It is an ill bird that befouls its own nest, and that the Count was sincere in his attack on the prerogatives of the aristocracy in France is doubtful judging by his subsequent conduct. This pamphlet caused him to be elected to the States-General convoked for the following year. But no sooner had he taken his seat in the Assembly than he changed his note, and spoke for the retention of the privileges of his class. This sudden conversion caused great offence, and he did not long retain his seat. In consequence of the events of the 5th and 6th October he quitted the Assembly, and left France in 1790 and went first to Switzerland, then to Russia, and after that to Vienna. The coalition of princes forgot his early encouragement of the Revolution and charged him with divers secret missions, and granted him a pension of 36,000 francs. He became the chief organiser of various plots to effect a


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 in France, that "guerre de pots de chambre," as Napoleon called it in his highly coloured language; and he was at the bottom of the intrigue that provoked the treason of Pichegru. In 1797 he was in Venice, but when he saw that the capital of the Adriatic was about to succumb he fled, but fell into the hands of an outpost of the French army in Italy, and was arrested with all his papers that contained full evidence of the conspiracy of Pichegru. However, he managed to escape by the contrivance of Mme. Sainte-Huberti, who, after having been his mistress, later became his wife. Then he fled to Russia, where he joined the Greek Church, was accorded a pension by the Emperor, and was sent to Dresden as attaché to the Russian Legation. There he published a pamphlet against Bonaparte so violent and scurrilous, that the Saxon Government was constrained to expel him so as to avoid a conflict with France. He departed for London, carrying with him certain documents containing secret articles of the Treaty of Tilsit, of which he had obtained a copy. He communicated these to the English ministry, and in return was granted a liberal pension.

He still maintained relations with Paris, and was mixed up in every plot for the restoration of the Bourbons.

However, it was not given to him to see the realisation of his schemes. The imperial police had sent two emissaries to London, who managed to seduce Lorenzo, the Italian valet of the Count, and through him to obtain notes and despatches which his master was preparing for transmission to the Cabinet of the Prime Minister. On July 22nd, 1812, the Count d'Antraigues having expressed his intention to visit the Prime Minister to


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Rh obtain his opinion on a certain memoir, Lorenzo, who had purloined it and committed it to the spies of Napoleon that they might make a transcript of it, saw that his faithlessness was at the point of being discovered. Then he resolved on killing his master and mistress and on blowing out his own brains.

This he did. Such was the version of the story as given in the English newspapers. The only witness to the murder was the Count's coachman. The circumstances of the assassination and suicide were never sifted; the whole matter was hushed up; and it became a matter of mutual recrimination between the French and English Governments, each casting on the other the blame of the murder of this miserable man—a man without a respectable quality.

The name of Antraigues is taken from its position, Inter Aquæ, between the three streams—the Volane, the Bise, and the Mas.

On August 16th, the fête of S. Roch, a great pilgrimage is made to Antraigues, attended by many thousand persons. The neighbouring villages send their processions with clergy, crosses, and banners waving. The bells of Antraigues clash merrily. The whole bourg is in gala costume. At nine o'clock a.m. all the processions unite and form one long, many-coloured, winding line that creeps up the hill towards the chapel of S. Roch, hid among chestnut trees. The path is rough, stony, sun-scorched. At intervals are little shrines constructed of boughs and adorned with flowers, roses, broom, lavender. In each of these is a little girl dressed in white with a chaplet on her head, holding a scroll that bears an inscription in honour of the patron saint, lavishing on him every possible expression of love and


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126 respect. The procession advances, now murmuring a litany, now breaking into hymn, and in the rear come the clergy in white, with the blue smoke of incense rising and spreading in the clear summer air.

On reaching the chapel the pilgrims separate their files to allow the ecclesiastics to pass. The priest ascends to the altar for Mass, and the crowd falls into a living stair along the slope of the mountain, kneeling in ranges, some among the chestnut trees, athwart whose leaves the sun shoots arrows of fire that make the white caps and the gold chains of the women flash. The Mass ended, the procession descends in the same order as that in which it mounted, and disperses. The second scene is less edifying—it is changed to the cabaret, where the pilgrims refresh themselves, and the men, in too many cases, carouse.

S. Roch was a native of Montpellier. His story is an ecclesiastical romance. The earliest biographer states candidly that he found "nothing trustworthy about him" in record, and so compiled his life from popular legend. In or about 1350 a squalid-looking man, a beggar, was taken up by the authorities of Montpellier and cast into gaol, where he died. On the removal of the body for burial, it was discovered that the vagabond was Roch, a nephew of the governor of the town, who had embraced a life of dirt and poverty out of "sheer cussedness." There always have been and always will be men who, like Falstaff, "have a kind of alacrity in sinking"; who revolt against the restraints and refinements of social life, and find their pleasure in living like swine. S. Roch had his parallel in Bampfylde Moore Carew.

There is nothing edifying in the story, nothing in his


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Rh career to justify canonisation. Nevertheless he is in vast repute as a patron against plague and fever and sores, and he has been given a place in the Roman martyrology, accepted and held up to be invoked, although absolutely nothing trustworthy is known of him. Can slackness and carelessness go further? In fact, the Roman martyrology, possessing the sanction of the self-entitled Vicar of Christ, is a veritable Noah's Ark containing clean and unclean beasts.

From Antraigues, a climb of an hour leads to the Coupe d'Aizac, the best-preserved crater in the Vivarais. M. Paulett Scrope thus describes it:—


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Rh their castle of Levis near Chevreuse; they became Seigneurs of Mirepoix. Philippe IV. de Levis, who died in 1440, was the father of Bermond, the ancestor of the Ventadour branch. He became Baron of La Voute, and was father of Louis, who married the heiress of the Count of Ventadour. Gilbert III. de Levis was created Duke of Ventadour and peer of France, the former in 1578, the latter in 1589. The castle was blown up by that determined wrecker of feudal strongholds, Richelieu, in 1626.

At Pont-de-la-Beaume a steep ascent leads to a level road, over a terrace of lava through which the Lignon has cleft a way from Jaujac, clean cut as by a knife, with basaltic ranges on both sides. The mountain forms here are very fine; to the right is the Gravenne de Soulhiol, rent by a ravine down which flows a thread of silver. On the left La Tanargue, 4,330 feet, and the rock of Abraham, 4,630 feet, closing up the scene. The whole when powdered with snow, as I saw it, of Alpine grandeur.

The Coupe de Jaujac, that sent a flood of lava down the valley of the Lignon, rises to an insignificant height above the village, and is easily visited. At the foot of the cone of scoria rises a spring where picnickers from Vals settle to lunch, and amuse themselves with smashing there the bottles of wine they have brought with them, and raising a pile of the fragments. The side of the cone of Jaujac is indeed so strewn with broken pots of foie gras and battered sardine-tins, that the volcanic vent conveys the impression of having been the eruption of a great establishment of grocery and preserves.

The sides of the bowl of the crater are dotted with


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130 chestnut trees, so as somewhat to disguise its character. Volcanic dust and cinder seem to be peculiarly favourable to the vegetation of the Spanish chestnut.

The village of Jaujac stands on the bed of lava that issued from this cone, on the edge of a mural precipice, 150 feet high, and is connected with old Jaujac on the further side by a stone bridge. There are the scanty remains of a castle in this latter. The chateau, in close proximity to the village or town, is now converted into a school.

The Gravenne de Soulhiol also disgorged its lava into the valley of the Lignon, about three hundred yards above the junction of this river with the Ardèche.

At Pont-de-la-Beaume a road to the right leads up the valley of Fontollière to the fertile basin of Champagne, at the head of which stands Montpezat, the foot of the mountain, as its name implies, and it lies, in fact, under the Gravenne, that has poured its flood of molten lava into the valley and filled it to a depth of 150 feet. The Gravenne de Montpezat has a very regular crater dipping slightly to the north, and it was on this side that the stream of basalt flowed for a width of half a mile. It reached the point where the Bourges entered the Fontollière and there stopped, the volcano having exhausted its efforts. Before reaching Montpezat, the ruins of the Castle of Pourcheirolles appear in a site truly marvellous, perched on a tongue of land between the rivers Fontollière and Pourseilles.


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Template talk:Spoken

With expansion of focus
With the expansion of focus, does it make more sense to move the template to a more generic name? — billinghurst  sDrewth  23:53, 2 November 2010 (UTC)
 * Yes, but I haven't thought of anything appropriate yet. I did consider "media key" or "multimedia key" but single words seem to be the best for templates (quicker to type & easier to remember). Something simple and intuitive would be best. (I've also moved Speaker to Media, althogh that is probably obvious from the documentation.) - AdamBMorgan (talk) 11:00, 3 November 2010 (UTC)
 * Quick thoughts. 1) Medium (as derived from the media). 2) Utilise media though change the options so it gives a symbol only, a modicum of complexity, though keeps to the one template. — billinghurst  sDrewth  12:52, 3 November 2010 (UTC)
 * I had not thought of option two but it does sound better to have everything in one template. I've copied the code and documentation over, so Media should now replace the functions of both Speaker and Spoken. I haven't made many changes to either implementation; it just has a parameter to switch between uses. - AdamBMorgan (talk) 19:00, 3 November 2010 (UTC)

Change in wording
Because books are not exclusively split into "Chapters", or, if we decide to split very large works into smaller parts for the ease of the reader, the use of chapter is not encompassing. I think that "section" should be used. Does anyone have a problem with me changing this?

"Speaker Icon.svg one or more sections are available in a spoken word format." "Musical note nicu bucule 01.svg one or more sections are available in a musical format." "Film icon.svg one or more sections are available in a video format."

- Theornamentalist (talk) 00:27, 23 January 2011 (UTC)
 * I don't think that it is necessary at the moment. The indication is clear, and being a template, we can change it if and when necessary. One would also think that works are generally chapters. We probably need to look at default words and if/where there is a requirement to change the word that a parameter is available. I am also thinking that music is generally not in chapters and we are more likely to have the work complete, so probably worth a more encompassing solution. — billinghurst  sDrewth  03:14, 23 January 2011 (UTC)
 * For example see The Bad Child's Book Of Beasts; I split it into sections so that each animal can be viewed individually, and they are not defined as chapters. Also Peter and Wendy - Margaret Ogilvy, a publication which includes two separate works by Barrie, the first being split in the contents section by chapter and the second, not by chapter. And Poems (Coates 1916)/Volume I is split by poem, which definitely are not chapters; there is no sound file that is being used in the last work but if someone were to create them, chapters would not work either. I agree that it could just be a formality, but I think something can fit better. Regarding music, although without a given example I can imagine a book including songs to potentially have a single song page hosting the music to said song as an enhancement. Because it is the the least defining, how about

"Speaker Icon.svg contains spoken word." "Musical note nicu bucule 01.svg contains music." "Film icon.svg contains video."

or "this work contains one or more portions of" "one or more portions are available in"... - Theornamentalist (talk) 06:54, 23 January 2011 (UTC)
 * suggest minimalist change at the moment that allows override with a default value, and that allows us to work out whether there is a more standard means for each of the types of media contained. Noting that  is now configured for a variety of media. — billinghurst  sDrewth  12:17, 23 January 2011 (UTC)
 * I can agree to that for now. I'm fine with introducing parts as an override. - Theornamentalist (talk) 16:28, 23 January 2011 (UTC)
 * Done. Although I made the change to media rather than this template.  Replacing all instances of  and  with  is literally on my to do list but I'm afraid I haven't got around to them all so far. - AdamBMorgan (talk) 18:32, 23 January 2011 (UTC)
 * Thank you - Theornamentalist (talk) 00:12, 24 January 2011 (UTC)
 * running a bot through them now (that is what bots are for, and to save you to be creative somewhere else on site). Should we mod this template so it subst: its code to apply media, ie. we let them use it, though we convert it on save. Then we annotate documentation to that aspect. — billinghurst  sDrewth  00:52, 24 January 2011 (UTC)
 * and invoked it here — billinghurst  sDrewth  01:13, 24 January 2011 (UTC)
 * and converted speaker — billinghurst  sDrewth  04:39, 24 January 2011 (UTC)
 * I've changed the documentation, and slightly modified the template, for Spoken. Is this what you had in mind? - AdamBMorgan (talk) 13:59, 25 January 2011 (UTC)

title: Template talk:Spoken


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 —they were relics of the universal deluge. But these marvellous prisms, as neatly made and put together as the cells of wax in a honeycomb—did they look at them and not exercise their minds over them? There is not a particle of evidence that they did, although there were men of inquiring and eager minds in all ages. No suspicion that volcanoes had raged and spluttered on French soil occurred to any man till the year 1751, when Guettard and Malesherbes arrived at Montélimar on their way to Paris from Italy, when they halted in amazement at the pavement of the streets composed of polygonal cubes of basalt "Why!" exclaimed Guettard, "these are precisely the same sort of stones we have seen paving the Roman roads of Rome and Naples—and those came from volcanoes." The two men asked to be shown the quarries whence these blocks came, and they were taken to Rochemaure. They turned aside from their direct course, visited the mountains of Vivarais, but not till they reached Auvergne were their minds thoroughly convinced. In 1751, that same year, Guettard published his Mémoire sur quelques Montagnes de la France qui ont été des Volcans. It roused a storm of jeers and objections. A savant of Clermont even wrote to controvert his thesis, and argued that the cinders were the remains of forges established by the Romans. But at Montélimar Guettard and Malesherbes had dined with an Abbé Faujas de S. Fond, living on the spot. His eyes were unsealed, his interest was kindled, and he went through the Vivarais and explored the basaltic beds and the craters. Finally, the works of this man in 1778, and of de Soulaire in 1870, placed the further existence of volcanoes beyond possibility of dispute.


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138 lights in recesses under relieving arches. The tower has a zigzag ornament above the bell windows in black lava alternating with white limestone.

The Ardèche is joined below the town by the river of La Beaume, that flows through a canon very similar to that through which the Ardèche itself has run before it reaches the bridge of Ruoms. These cañons through the lias are curious rather than picturesque, the strata lie horizontally as regularly disposed as stones in an artificial wall. On the high ground some way up the Beaume, on the plateau, or gras, is the aven or pot-hole of Réméjadou, twenty-five feet in diameter and eighty feet deep. One can hear the rush of water below, and this issues from the rock in the spring of Bourbouillet, two miles off, with sufficient volume to turn a mill. M. Janet says:—

This pot-hole was explored in 1892 by M. Gaupillat, and he established the curious fact that the underground stream enters and leaves the aven by natural


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Rh syphons, and not through galleries, so that it is not possible to track the stream up or down.

Standing high above the junction of the Chassezac and Ardèche are the mountain and rock of Sampson, supporting a little village and church with spire on a col between the mighty crest of perpendicular rock and the crag that falls abrubtly to the Chassezac. A small omnibus conveys travellers to Vallon, which is the place at which to stay, whence to make the descent of the cañon of the Ardèche. But the visitor who does this must be prepared either to return to Vallon by carriage over the Causse, some twenty miles, or he must be without luggage, and catch the train at S. Just or S. Marcel, and meet his impedimenta elsewhere, perhaps at Le Teil, for the canoes that shoot the rapids of the Ardèche are too small to accommodate baggage.

Vallon is not a town in itself of much interest, but it contains the château of the redoubtable Huguenot captain, Merle de Lagorce, who sacked Malzieu and Issoire, and burnt the cathedral at Mende. Vallon was in the hands of the Reformed, but, on the other hand, old Vallon with its castle on the height above it remained to the Catholics. Opposite that, on the further side of the river, is Salavas, where a strong and extensive castle, now in ruins, occupied the crest of a precipitous rock. These two positions Merle was determined on taking; he succeeded, and died in the castle of Salavas at the end of January, 1584, at the age of thirty-five. I have given his life in my Deserts of Central France.

His son Hérail de Merle, Baron de Lagorce, joined the Church, and entered into the service of the King.

On February 6th, 1842, died in the château of Vallon


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140 the Marquess Emmanuel de Merle de Lagorce, last male descendant of the eldest branch of the family, and left the château to his sister, married to the Count de Chapelain, who sold it to the town of Vallon in 1846. When the citizens came to take possession and convert the castle into a mairie, school, etc., they discovered in a loft a whole series of superb tapestries rolled up and forgotten. These came from the château of Montréal in L'Argentière, brought thence in 1783. They are from Aubusson looms, and are in seven panel pictures representing scenes from the "Jerusalem Delivered" of Tasso. They adorn the chamber now used by the magistracy. Very fine is the hammered ironwork of the balustrade of the great staircase.

Vallon had its hour of celebrity under the Empire and the Restoration, when Vanderbourg published the medieval poems of Clotilde de Surville, who lived at Vallon at the period when Joan of Arc was fighting against the English.

Marguerite Eléonore Clotilde de Vallon-Chalys, or de Surville, was supposed to have been a noble lady authoress of a series of sentimental poems. She was said to have been born in 1405 in the château of Vallon. Her mother, Pulchérie de Fay Collon, had lived in the court of Gaston Phoebus, Count of Foix, and had taken advantage of his library to enrich her mind by the study of Greek and Latin authors, of French and Italian poets, and she brought up the young Clotilde with the same tastes. The girl was a precocious genius, and composed verses at the age of twelve. In 1421 she married the Chevalier Béranger de Surville, who quitted her early to fight under the command of the Dauphin, afterwards Charles VII. It was then that


text:
United States Code/Title 5/Chapter 5/Section 500

§ 500. Administrative practice; general provisions

 * (a) For the purpose of this section--
 * (1) ``agency'' has the meaning given it by section 551 of this title; and
 * (2) ``State'' means a State, a territory or possession of the United States including a Commonwealth, or the District of Columbia.

 * (b) An individual who is a member in good standing of the bar of the highest court of a State may represent a person before an agency on filing with the agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts.

 * (c) An individual who is duly qualified to practice as a certified public accountant in a State may represent a person before the Internal Revenue Service of the Treasury Department on filing with that agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts.

 * (d) This section does not--
 * (1) grant or deny to an individual who is not qualified as provided by subsection (b) or (c) of this section the right to appear for or represent a person before an agency or in an agency proceeding;
 * (2) authorize or limit the discipline, including disbarment, of individuals who appear in a representative capacity before an agency;
 * (3) authorize an individual who is a former employee of an agency to represent a person before an agency when the representation is prohibited by statute or regulation; or
 * (4) prevent an agency from requiring a power of attorney as a condition to the settlement of a controversy involving the payment of money.

 * (e) Subsections (b)-(d) of this section do not apply to practice before the United States Patent and Trademark Office with respect to patent matters that continue to be covered by chapter 3 (sections 31-33) of title 35.

 * (f) When a participant in a matter before an agency is represented by an individual qualified under subsection (b) or (c) of this section, a notice or other written communication required or permitted to be given the participant in the matter shall be given to the representative in addition to any other service specifically required by statute. When a participant is represented by more than one such qualified representative, service on any one of the representatives is sufficient.


text:
United States Code/Title 5/Chapter 5/Section 501

§ 501. Advertising practice; restrictions

An individual, firm, or corporation practicing before an agency of the United States may not use the name of a Member of either House of Congress or of an individual in the service of the United States in advertising the business.


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Rh she wrote a Héroïde, opening with the words "Clotilde au sien amy doulce mande accolade." But the composition contains allusions, and repeats ideas of a period so much later, that suspicions were aroused as to its authenticity when published in 1803. Vanderbourg, the editor, insisted on it being genuine. He had obtained the MSS. from the heirs of the Marquess Joseph Etienne de Surville, a noble who during the period of the Revolution had been executed at Le Puy in 1798. But this de Surville was himself a poet, of a mediocre quality certainly, and it was from his leavings that the editor produced Clotilde's compositions. According to the Memoir prefixed to her poems, from the pen of the Marquess, her graceful verses attracted the attention of Margaret of Scotland, who sent her a crown of golden leaves bearing the inscription: "Marguerite d'Ecosse à Marguerite d'Hélicon."

Clotilde lost her husband at the siege of Orléans after a union that had lasted but one year. About 1450 she married her son to Héloise de Goyon de Vergy. Both died in 1468, leaving to Clotilde a grandchild, Camille, who never married, and Clotilde closed a long life at the end of the fifteenth century, after having celebrated the victory of Fornoue in a poem that she dedicated to Charles VIII.

That the poems are a late fabrication by the marquess, who was shot at Le Puy, cannot be doubted. In the "Verselets a mon premier né" that begin "O cher enfantelet, vray pourtraict de ton père," there is obvious imitation of a romance by Bérguin, published in 1775. But the whole tone and character of the poems make it quite certain that they were composed in the eighteenth century, to be palmed off as the literary


text:
United States Code/Title 5/Chapter 5/Section 502

§ 502. Administrative practice; Reserves and National Guardsmen

Membership in a reserve component of the armed forces or in the National Guard does not prevent an individual from practicing his civilian profession or occupation before, or in connection with, an agency of the United States.


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Rh Rapids are numerous, and some not a little dangerous. The gorge, cut through the lower cretaceous limestone, has not its walls as lofty as those of the famous canon of the Tarn, but the scenery in it is more varied, and it is of the wildest beauty.

Opposite old Vallon, as already mentioned, is Salavas. Hérail de Merle, son of the great Huguenot captain, abjured Protestantism, and married the daughter of Montréal, chief of the Catholics of the Vivarais. Profiting by his absence, his Huguenot vassals in Vallon revolted, and aided by a locksmith of Salavas entered the castle and butchered all the garrison. They captured the baroness and her children. But as Salavas was unimportant as a stronghold without the Tour du Moulin in the river, the Calvinists brought the Baroness Lagorce and the children under its walls in a boat, drew their long knives and threatened to cut all their throats unless the tower surrendered.

Salavas again fell into the hands of the Catholics, and was held by M. de la Chadenède in 1628, with forty-five men against the Duke de Rohan, head of the Calvinists, at the head of 500 men, 200 cavalry, two cannon, and a body of sappers and miners. Salavas was not taken till 200 of the assailants were killed and wounded. The castle, though in ruins, still has portions of its walls and a gate intact. Le Tour du Moulin, mentioned above, is built on a rock in the middle of the river, and was the key of the passage. It was captured by the Huguenots in 1570 by artifice. The small Catholic garrison one evening saw a train of women leading mules with sacks of corn come down to the waterside.

The garrison at once went over to assist them in unloading. But scarcely had they left their boat than


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United States Code/Title 5/Chapter 5/Section 503

§ 503. Witness fees and allowances

 * (a) For the purpose of this section, ``agency'' has the meaning given it by section 5721 of this title.

 * (b) A witness is entitled to the fees and allowances allowed by statute for witnesses in the courts of the United States when--
 * (1) he is subpenaed under section 304(a) of this title; or
 * (2) he is subpenaed to and appears at a hearing before an agency authorized by law to hold hearings and subpena witnesses to attend the hearings.


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144 they were fallen upon. The women were, in fact, Huguenot men disguised in female attire. They shot down every one of the soldiers and took possession of the tower.

Before reaching the Pont de l'Arc the cañon begins; rocky walls, grey, yellow, and fawn colour, stand up above the river, leaving no space between them but for the river; the road has been cut in cornice in the rock above it. The caves of the Bear, the Temple, and the Pulpit are but some of the thousands that open in cliffs that are honeycombed with them. The two latter were employed for meetings during the time of the revolt of the Camisards. The Prophetess Isabeau, clothed in white and wearing a gold circlet on her head, here went into ecstasies and harangued the insurgents, bidding them slay and spare none of the Philistines, and promising to them invulnerability.

A little further down is the Goule de Foussoubie, a stream that issues from the rocks just above the level of the Ardèche. The water that feeds it consists of seven rills on the Causse, three miles distant, that plunge into a pot-hole and disappear. Various attempts have been made to follow the underground course, but all have failed and one ended fatally. In dry weather very little water issues from the Goule, but it comes forth in volumes after a storm.

The boat shoots under the Pont de l'Arc; the rock that has been pierced is ninety feet thick. As already said, a fortress stood above, destroyed by Louis XIII., on a bit of rising ground on the left bank. There are still remains of the octagonal tower and enclosing wall and of some of the chambers tenanted by the garrison. But it was an oppidum, a place of refuge from


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Rh times, as early stone weapons, and later Gallo-Roman ware, have been found there, as well as accumulations of pebbles to serve as sling-stones. The road down the river ends at Chames, where is a boatman, who lives by fishing and ferrying over any of the inhabitants of S. Remèze or la Bastide de Verac, who desire to cross. A stream issues from a grotto; it is the Fontaine de Vamale. The cave is apparently closed at the end, but on entering one finds on the right hand an opening into a valley, giving access to a terrace above the river, lighted by the setting sun, in which luxuriate lavender, Judas trees, evergreen dwarf oaks, juniper, and wild asparagus. This tiny valley is bounded on the west by a lofty calcareous wall in which is a rent, and a narrow path leads up this gap among bushes to the top of the plateau. It is by this track that the inhabitants of Vic descend and ascend before or after crossing the river.

Hard by is a natural cave on the right bank, partly closed by a wall, so overgrown with ivy that were it not pointed out one might pass without discovering that man built himself a residence here. This is called the Castle of Ebbo, and the tradition is current that the Templars of La Madeleine fled to it and hid there when sentence had gone forth against them by Philip the Fair in 1312; but it was probably a post that belonged to the Seigneur of Verac to watch his fisheries.

Chames is a little hamlet on the left bank of the Ardèche, where the rocks fall back and allow of slopes on which can grow olive trees, vines, plums, and almonds. The water is here still and seems transformed to a mirror, so that from the opposite side, that of the Castle of Ebbo, when the sun is full on the white


text:
United States Code/Title 5/Chapter 5/Section 504

§ 504. Costs and fees of parties

 * (a)
 * (1) An agency that conducts an adversary adjudication shall award, to a prevailing party other than the United States, fees and other expenses incurred by that party in connection with that proceeding, unless the adjudicative officer of the agency finds that the position of the agency was substantially justified or that special circumstances make an award unjust. Whether or not the position of the agency was substantially justified shall be determined on the basis of the administrative record, as a whole, which is made in the adversary adjudication for which fees and other expenses are sought.

 * (2) A party seeking an award of fees and other expenses shall, within thirty days of a final disposition in the adversary adjudication, submit to the agency an application which shows that the party is a prevailing party and is eligible to receive an award under this section, and the amount sought, including an itemized statement from any attorney, agent, or expert witness representing or appearing in behalf of the party stating the actual time expended and the rate at which fees and other expenses were computed. The party shall also allege that the position of the agency was not substantially justified. When the United States appeals the underlying merits of an adversary adjudication, no decision on an application for fees and other expenses in connection with that adversary adjudication shall be made under this section until a final and unreviewable decision is rendered by the court on the appeal or until the underlying merits of the case have been finally determined pursuant to the appeal.

 * (3) The adjudicative officer of the agency may reduce the amount to be awarded, or deny an award, to the extent that the party during the course of the proceedings engaged in conduct which unduly and unreasonably protracted the final resolution of the matter in controversy. The decision of the adjudicative officer of the agency under this section shall be made a part of the record containing the final decision of the agency and shall include written findings and conclusions and the reason or basis therefor. The decision of the agency on the application for fees and other expenses shall be the final administrative decision under this section.

 * (4) If, in an adversary adjudication arising from an agency action to enforce a party's compliance with a statutory or regulatory requirement, the demand by the agency is substantially in excess of the decision of the adjudicative officer and is unreasonable when compared with such decision, under the facts and circumstances of the case, the adjudicative officer shall award to the party the fees and other expenses related to defending against the excessive demand, unless the party has committed a willful violation of law or otherwise acted in bad faith, or special circumstances make an award unjust. Fees and expenses awarded under this paragraph shall be paid only as a consequence of appropriations provided in advance.

 * (b)
 * (1) For the purposes of this section--
 * (A) "fees and other expenses" includes the reasonable expenses of expert witnesses, the reasonable cost of any study, analysis, engineering report, test, or project which is found by the agency to be necessary for the preparation of the party's case, and reasonable attorney or agent fees (The amount of fees awarded under this section shall be based upon prevailing market rates for the kind and quality of the services furnished, except that
 * (i) no expert witness shall be compensated at a rate in excess of the highest rate of compensation for expert witnesses paid by the agency involved, and
 * (ii) attorney or agent fees shall not be awarded in excess of $125 per hour unless the agency determines by regulation that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys or agents for the proceedings involved, justifies a higher fee.);
 * (B) "party" means a party, as defined in section 551(3) of this title, who is
 * (i) an individual whose net worth did not exceed $2,000,000 at the time the adversary adjudication was initiated, or
 * (ii) any owner of an unincorporated business, or any partnership, corporation, association, unit of local government, or organization, the net worth of which did not exceed $7,000,000 at the time the adversary adjudication was initiated, and which had not more than 500 employees at the time the adversary adjudication was initiated; except that an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) exempt from taxation under section 501(a) of such Code, or a cooperative association as defined in section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)), may be a party regardless of the net worth of such organization or cooperative association or for purposes of subsection (a)(4), a small entity as defined in section 601;
 * (C) "adversary adjudication" means (i) an adjudication under section 554 of this title in which the position of the United States is represented by counsel or otherwise, but excludes an adjudication for the purpose of establishing or fixing a rate or for the purpose of granting or renewing a license, (ii) any appeal of a decision made pursuant to section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605) before an agency board of contract appeals as provided in section 8 of that Act (41 U.S.C. 607), (iii) any hearing conducted under chapter 38 of title 31, and (iv) the Religious Freedom Restoration Act of 1993;
 * (D) "adjudicative officer" means the deciding official, without regard to whether the official is designated as an administrative law judge, a hearing officer or examiner, or otherwise, who presided at the adversary adjudication;
 * (E) "position of the agency" means, in addition to the position taken by the agency in the adversary adjudication, the action or failure to act by the agency upon which the adversary   adjudication is based; except that fees and other expenses may not be awarded to a party for any portion of the adversary adjudication in which the party has unreasonably protracted the proceedings; and
 * (F) "demand" means the express demand of the agency which led to the adversary adjudication, but does not include a recitation by the agency of the maximum statutory penalty (i) in the  administrative complaint, or (ii) elsewhere when accompanied by an express demand for a lesser amount.

 * (2) Except as otherwise provided in paragraph (1), the definitions provided in section 551 of this title apply to this section.

 * (c)
 * (1) After consultation with the Chairman of the Administrative Conference of the United States, each agency shall by rule establish uniform procedures for the submission and consideration of applications for an award of fees and other expenses. If a court reviews the underlying decision of the adversary adjudication, an award for fees and other expenses may be made only pursuant to section 2412(d)(3) of title 28, United States Code.

 * (2) If a party other than the United States is dissatisfied with a determination of fees and other expenses made under subsection (a), that party may, within 30 days after the determination is made, appeal the determination to the court of the United States having jurisdiction to review the merits of the underlying decision of the agency adversary adjudication. The court's determination on any appeal heard under this paragraph shall be based solely on the factual record made before the agency. The court may modify the determination of fees and other expenses only if the court finds that the failure to make an award of fees and other expenses, or the calculation of the amount of the award, was unsupported by substantial evidence.

 * (d) Fees and other expenses awarded under this subsection shall be paid by any agency over which the party prevails from any funds made available to the agency by appropriation or otherwise.

 * (e) The Chairman of the Administrative Conference of the United States, after consultation with the Chief Counsel for Advocacy of the Small Business Administration, shall report annually to the Congress on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this section. The report shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information which may aid the Congress in evaluating the scope and impact of such awards. Each agency shall provide the Chairman with such information as is necessary for the Chairman to comply with the requirements of this subsection.

 * (f) No award may be made under this section for costs, fees, or other expenses which may be awarded under section 7430 of the Internal Revenue Code of 1986.


text: Dictionary of National Biography, 1885-1900/Catherine of Arragon


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cvi


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Rh antelopes (gazellas), and the roots of certain plants. Crayfish or 'Cape lobsters' abounded near the anchorage.

The author of the roteiro affirms that the birds of the country resembled the birds in Portugal, and that amongst them were cormorants, larks, turtle-doves, and gulls. The gulls are called 'guayvotas,' but 'guayvotas' is probably another instance of the eccentric orthography of the author and equivalent to 'gaivotas.'

In December the squadron reached the Angra de São Bràs, which was either Mossel Bay or another bay in close proximity to Mossel Bay. Here penguins and seals were in great abundance. The author of the roteiro calls the penguins 'sotelycairos,' which is more correctly written 'sotilicarios' by subsequent writers. The word is probably related to the Spanish sotil and the Latin subtilis, and may contain an allusion to the supposed cunning of the penguins, which disappear by diving when an enemy approaches.

The sotilicarios, says the chronicler, could not fly because there were no quill-feathers in their wings; in size they were as large as drakes, and their cry resembled the braying of an ass. Castanheda, Goes, and Osorio also mention the sotilicario in their accounts of the first voyage of Vasco da Gama, and compare its flipper to the wing of a bat—a not wholly inept comparison, for the under-surface of the wings of penguins is wholly devoid of feathery covering. Manuel de Mesquita Perestrello, who visited the south coast of Africa in 1575, also describes the Cape penguin. From a manuscript of his Roteiro in the Oporto Library, one learns that the flippers of the sotilicario were covered with minute feathers, as indeed they are on the upper surface and that they dived after fish, upon which they fed, and on which they fed their young, which were hatched in nests


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 constructed of fishbones. There is nothing to cavil at in these statements, unless it be that which asserts that the nests were constructed of fishbones, for this is not in accordance with the observations of contemporary naturalists, who tell us that the nests of the Cape Penguin (Spheniscus demersus) are constructed of stones, shells, and débris. It is, therefore, probable that the fishbones which Perestrello saw were the remains of repasts of seals.

Seals, says the roteiro, were in great number at the Angra de São Bràs. On one occasion the number was counted and was found to be three thousand. Some were as large as bears and their roaring was as the roaring of lions. Others, which were very small, bleated like kids. These differences in size and in voice may be explained by differences in the age and in the sex of the seals, for seals of different species do not usually resort to the same locality. The seal which formerly frequented the south coast of Africa—for it is, I believe, no longer a denizen of that region—was that which is known to naturalists as Arctocephalus delalandii, and, as adult males sometimes attain eight and a half feet in length, it may well be described as of the size of a bear. Cubs from six to eight months of age measure about two feet and a half in length. The Portuguese caught anchovies in the bay, which they salted to serve as provisions on the voyage. They anchored a second time in the Angra de São Bràs in March, 1499, on their homeward voyage.

Yet one more allusion to the penguins and seals of the Angra


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Rh gained, by becoming a duke, for now I am only Belluno (Belle Lune)."

The river Dunière sweeps past Vernoux, and the road from S. Fortunat to this town presents a succession of striking scenes. The gorge through which the Dunière enters the Erieux has precipitous sides, above which the mountains rise bare, or but meagrely dotted with evergreen oaks, that grow low and stunted. Below rolls, leaps, and foams the torrent. In the contracted throat of Pontpierre, after the bursting of storms in the Cevennes, the water rises and writhes to escape, and issues from it into the valley of the Erieux as from a spout. The road follows the edge of the chasm as far as Roumézoux, after which the hills fall back and allow of cultivation. Then again they contract, but the gorge is less savage, and is commanded on the left bank by one of the noblest ruins in the Vivarais. The Dunière flowing from the east receives a torrent descending from the north, and at this point rises a mighty crag on the top of which two lofty towers stand out sharply against the sky. They belong to the castle of La Tourette, close to Vernoux. According to popular tradition it was built by the Saracens; it was the feudal centre of the district and occupied by a Marquess de La Tourette. The castle was intact till the Revolution, and was a scene of much hospitality extended to the bourgeoisie of Vernoux, who danced in the great hall, hung with stamped and gilded leather. At the Revolution the castle was unroofed and ruin set in rapidly, as every one who wanted to build a pigsty or a factory used its walls as a quarry. Happily of late years the family of La Tourette, that has its residence at Tournon, has repurchased the eagle nest of its ancestors and has put


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 de São Bràs is of sufficient historical interest to be mentioned. The first Dutch expedition to Bantam weighed anchor on the 2nd of April, 1595, and on the 4th of August of the same year the vessels anchored in a harbour called 'Ague Sambras,' in eight or nine fathoms of water, on a sandy bottom. So many of the sailors were sick with scurvy—'thirty or thirty-three,' says the narrator, 'in one ship'—that it was necessary to find fresh fruit for them. 'In this bay,' runs the English translation of the narrative, 'lieth a small Island wherein are many birds called Pyncuins and sea Wolves, that are taken with men's hands.' In the original Dutch narrative by Willem Lodewyckszoon, published in Amsterdam in 1597, the name of the birds appears as 'Pinguijns.'


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204 suffered cruelly from Catholic and Camisard alike, whence Pont-de-Montvert may be visited, and the house seen where lived the Abbé du Chayla.

A magnificent curved viaduct crosses the basin of the Luech, carried on two stages of arcades 180 feet above the river to Chamborigaud, the tragic story of which has been told in the preceding chapter. The line traverses the masses of a rock and earth slide from the Montagne du Gouffre, and enters a region of coal-beds. The coal seams can be seen between sandstone in the cuttings for the line. On the right is the donjon of La Tour commanding the abbey of Cendras, burnt by the Camisards, then gorges and smoking cinder heaps, and we arrive at Alais, a neat, pleasant, cheerful town, once the seat of a bishop, situated in a loop formed by the Gardon with the lofty rock of Rochebelle opposite on the further side of the river. This height was the site of the primitive oppidum of Alesia, or Alestia. The cyclopean walls remain in places fairly perfect, and the enclosure can be traced throughout. Alais never was a Roman city; it was, however, probably a place where the iron mines were worked. A hermitage was there till the Revolution. When the plague raged in Alais in 1721, a Carmelite, Esprit Boyer, worked indefatigably among the sick, and on its cessation obtained leave to retire to this hermitage, where he planted a garden and reared a chapel. On his death another hermit took his place, and he assumed the honoured name of Esprit, but as he was a drunkard he was nicknamed Esprit de Vin. He ran away, carrying with him the chapel bell, but was caught and ordered to return to his hermitage. In 1793 he was denounced as suspect, and some individuals were sent up the


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 Rh such and such a family, and how he made fools of them. It is my impression that the charming families are comparatively few in number, and this looks as if they descended from the family physicians or druids of one or two chieftains in ancient times. It is very likely a question which could be cleared up by a local man familiar with the island and all that which tradition has to say on the subject of Manx pedigrees.

In the case of animals ailing, the herbs were also resorted to; and, if the beasts happened to be milch cows, the herbs had to be boiled in some of their milk. This was supposed to produce wonderful results, described as follows by a man living on the way from Castletown up South Barrule. A farmer in his parish had a cow that milked blood, as he described it, and that in consequence of a witch's ill-will. He went to the charmer, who gave him some herbs, which he was to boil in the ailing cow's milk, and the charmer charged him, whatever he did, not to quit the concoction while it was on the fire, in spite of any noises he might hear. The farmer went home and proceeded that night to boil the herbs as directed, but he suddenly heard a violent tapping at the door, a terrible lowing of the cattle in the cow-house, and stones coming down the "chumley": the end of it was that he suddenly fled and sprang into bed to take shelter behind his wife. He went to the charmer again, and related to him what had happened: he was told that he must have more courage the next time, unless he wished his cow to die. He promised to do his best, and this time he stood his ground in spite of the noises and the creaking of the windows—until, in fact, a back-window burst into pieces and bodily let a witch in, who craved his pardon, and promised never more to molest him or his. This all happened at the farm in question in the time of the present farmer's grandfather. The boiling of the charmer's herbs in milk always produces a great commotion and lowing among the cattle, and it invariably cures the ailing


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 296 who came to him, and if there was none to be had, he did not scruple to rob the garden of any small sprouts it contained of cabbage or the like. He would chop them small, and give directions about boiling them and drinking the water. He usually charged anyone leaving him to speak to nobody on the way, lest he break the charm, and this mysteriousness was evidently an important element in his profession. But he was, nevertheless, a thriftless fellow, and when he went to Peel, and sent the crier round to announce his arrival, and received a good deal of money from the fishermen, he seldom so conducted himself as to bring much of it home. He died miserably some seven or eight years ago at Ramsey, and left a widow in great poverty. As to the present day, the daughter of a charmer now dead is married to a man living in a village on the southern side of the island, and she appears to have inherited her father's reputation for charming, as the fishermen from all parts are said to flock to her for luck. Incidentally, I have heard in the South more than once of her being consulted in cases of sudden and dangerous illness, even after the best medical advice has been obtained: in fact, she seems to have a considerable practice.

In answer to my question, how the charmer, who died at Ramsey, used to give the sailors luck in the fishing, my informant at Andreas could not say, except that he gave them herbs as already described, and she thought also that he sold them wisps to place under their pillows. I gather that the charms were chiefly directed to the removal of supposed impediments to success in the fishing, rather than to any act of a more positive nature. So far as I have been able to ascertain, charming is hereditary, and they say that it descends from father to daughter, and then from daughter to son, and so on—a remarkable kind of descent, on which I should be glad to have the opinion of Mr. Elton. One of the best Manx scholars in the island related to me how some fishermen once insisted on his doing the charmer for them because of his being of


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 298 ones: this is firmly believed by respectable farmers whom I could name, in the North of the island in particular, and I am alluding to men whom you might consider fairly educated members of their class.

Magic takes us back to a very primitive and loose way of thinking; so the marvellously easy way in which it identifies any tie of association, however flimsy, with the insoluble bond of relationship which educated men and women regard as connecting cause and effect, renders even simpler means than I have described quite equal to the undoing of the evils resulting from the activity of the evil eye. Thus, let us suppose that a person endowed with the evil eye has just passed by the farmer's herd of cattle, and a calf has suddenly been seized with a serious illness, the farmer hurries after the man of the evil eye to get the dust from under his feet. If he objects, he may, as has sometimes been very unceremoniously done, throw him down by force, take off his shoes, and scrape off the dust adhering to their soles, and carry it back to throw over the calf Even that is not always necessary, as it appears to be quite enough if he takes up dust where he of the evil eye has just trod the ground. There are innumerable cases on folk record of both means proving entirely effective. A similar question of psychology presents itself in a practice, intended as a preservative against the evil eye rather than as a cure. I allude to what I have heard about two maiden ladies living in a Manx village which I know very well: they are natives of a neighbouring parish, and I am assured that whenever a stranger enters their house they proceed, as soon as he goes away, to strew a little dust or sand over the spot where he stood. That is understood to prevent any malignant influence resulting from his visit. This tacit identifying of a man with his footprints may be detected in a more precarious and pleasing form in a quaint conceit familiar to me in the lyrics of rustic life in Wales, when, for example, a coy maiden leaves her lovesick swain hotly avowing his perfect


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 Rh readiness to cusanu ol ei thraed, that is, to do on his knees all the stages of her path across the meadow, kissing the ground wherever it has been honoured with the tread of her dainty foot. Let me take another case, in which the cord of association is not so inconceivably slender, when two or more persons standing in a close relation to one another are mistakenly treated a little too much as if mutually independent, the objection may be made that it matters not whether it is A or B, that it is, in fact, all the same, as they belong to the same concern: in Welsh this is sometimes expressed by saying, Yr un peth yw Huw'r Glyn a'i glocs, that is, "Whether you talk of Huw'r Glyn, or of his wooden shoes, it is all the same." Then, when you speak in English of a man "standing in another's shoes", I am by no means certain that you are not employing an expression which meant something more to those who first used it than it does to us. Our modern idioms, with all their straining after the abstract, are but primitive man's mental tools adapted to the requirements of civilised life: they betray the form and shape which the neolithic worker's chipping and polishing gave them.

It is difficult to arrange these scraps under any clearly classified headings, and now that I have led you into the midst of matters magical, perhaps I may just as well go on to the mention of a few more: I alluded to the boiling of the herbs according to the charmer's orders, with the result, among other things, of bringing the witch to the spot. This is, however, not the only instance of the importance and strange efficacy of fire. For when a beast dies on a farm, of course it dies, according to the old-fashioned view of things, as I understand it, from the influence of the evil eye, or the interposition of a witch; and if you want to know to whom you are indebted for the loss of the beast, you have simply to burn its carcase in the open air and watch who comes first on the spot or who first passes by; for that is the criminal to be charged with the death of the animal, and he cannot help coming there;


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 300 such is the effect of the fire. A Michael woman, who is now about thirty, related to me how she watched while the carcase of a bewitched colt was burning, and how she saw the witch coming, and how she remembers her shrivelled face, with nose and chin in close proximity. According to another native of Michael, a well-informed middle-aged man, the animal in question was oftenest a calf, and it was wont to be burnt whole, skin and all. The object, according to him, is invariably to bring the bewitcher on the spot, and he always comes; but I am not clear what happens to him, when he appears. My informant added, however, that it was believed that, unless the bewitcher got possession of the heart of the beast burning, he lost all his power of bewitching. He related, also, how his father and three other men were once out fishing on the west coast of the island, when one of the three suddenly expressed his wish to land. As they were fishing successfully some two or three miles from the shore, they would not hear of it. He, however, insisted that they must put him ashore at once, which made his comrades highly indignant; but they had soon to give way, as they found that he was determined to leap overboard unless they complied. When he got on shore they watched him hurrying away towards a smoke where a beast was burning in the corner of a field,

Manx stories merge this burning in a very perplexing fashion with what may be termed a sacrifice for luck. The following scraps of information will make it clear what I mean:—A respectable farmer from Andreas told me that he was driving with his wife to the neighbouring parish of Jurby some years ago, and that on the way they beheld the carcase of a cow or an ox burning in a field, with a woman engaged in stirring the fire. On reaching the village to which they were going, they found that the burning beast belonged to a farmer whom they knew. They were further told it was no wonder that the said farmer had one of his cattle burnt, as several of them had recently died. Whether this was a case of sacrifice or not I cannot say. But let


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National Bank v. United States

ERROR to the Circuit Court of the United States for the Eastern District of Arkansas.

This is a suit by the United States to recover from the Merchants' National Bank of Little Rock, Ark., $160,000, being ten per cent on $1,600,000 of certain notes of the City of Little Rock, which it was alleged the bank had paid out during the years 1870, 1871, 1872, and 1873. The notes were issued and put in circulation by the city, and used in business and commercial transactions as money. They were printed on bank-note paper in amounts ranking from $1 to $100, and were payable to a person named or to bearer. By an ordinance of the city, and also by an act of the legislature of the State, they were receivable in payment of city taxes and of all dues to the city.

Sect. 3413 of the Revised Statutes is as follows: 'Every national banking association, State bank, or banker, or association, shall pay a tax of ten per centum on the amount of notes of any town, city, or municipal corporation, paid out by them.'

There was a verdict in favor of the United States for $2,000; and judgment thereon having been rendered, the bank thereupon sued out this writ of error.

Mr. B. C. Brown for the plaintiff in error.

So far as it seeks to impose a tax by the United States upon the circulation or other use of the notes of a State municipal corporation, the statute in question is unconstitutional and invalid.

The principle to which the plaintiff in error appeals is well settled.

In our dual government, each-State and Federal-is supreme in its own sphere. Each, in all its departments, may devise and use its own means for the discharge of its duties and the exercise of its powers, without hindrance from the other. Neither may, directly or indirectly, by taxation or otherwise, impede the other in the use of such means. McCullough v. The State of Maryland, 4 Wheat. 316; Weston v. City Council of Charleston, 2 Pet. 449; Dobbins v. Commissioners of Erie County, 16 id. 435; Bank of Commerce v. New York City, 2 Black, 620; Bank Tax Case, 2 Wall. 200; Bradley v. The People, 4 id. 459; The Banks v. The Mayor, 7 id. 16 Bank v. Supervisors, id. 26; The Collector v. Day, 11 id. 113; United States v. Railroad Company, 17 id. 322; Freedman v. Sigel, 10 Blatch. 327; State v. Garton, 32 Ind. 1; Jones v. Keep, 19 Wis. 369; Sayles v. Davis, 22 id. 229; Fifield v. Close, 15 Mich. 505; In the Matter of Georgia, 12 Op. Att-Gen. 282.

A municipal corporation is a part of the State government, and is protected from Federal taxation to the same extent and in the same manner as the State itself. United States v. Railroad Company, supra.

This principle cannot be denied, but the United States will contend that it does not relieve the bank from payment of the tax.

That the tax is laid upon the municipality's notes and evidences of indebtedness, or rather upon it, cannot be denied. In determining whether a tax falls within the prohibition, its effect must be considered, and is decisive. In Railroad Company v. Peniston (18 Wall. 5), the exemption of Federal agencies from State taxation was said to be dependent 'upon the effect of the tax; that is, upon the question whether the tax does, in truth, deprive them of power to serve the government as they were intended to serve it, or does hinder the efficient exercise of their power.' p. 36.

The effect of the tax in this case is apparent. The tax is more burdensome than any which has ever come before the court for determination. In all former cases, the tax was a single specific one, ending on payment. This is a continuing one, following the city's note wherever it may go, and never ending or ceasing until the city abandons the attempt to exercise its legitimate powers. In ten transfers, the national government absorbs the whole value of all the notes issued by the city. Each taker from the city must consider not only the tax which he must pay, but also that which must be paid by the person who takes it from him; for by each transfer, in exchange for the obligations of the government, or of private persons, or for articles purchased or in payment of debts, the note, whether it be taken at a discount or a premium, or at par, is 'paid out,' within the meaning of the act imposing this tax.

The case most nearly analogous to this is Weston v. City Council of Charleston, supra. The 'stock' of the United States and these 'notes' are similar in every respect. Each was the evidence of a governmental debt, contracted in the exercise of the borrowing power. It is a mistake to call this a tax upon the bank. The bank may be the paying agent, just as in United States v. Railroad Company, supra. There the railroad company was the paying agent, but the tax, when paid, fell upon Baltimore. In this it falls upon Little Rock. The only material difference between Weston v. City Council of Charleston (supra) and the case at bar is, that there the tax was imposed directly upon the stock, while here the attempt is to arrest the city's notes in their circulation, and prevent their passing from hand to hand, by affixing a tax upon their transfer. The contention by the United States that this is not a tax upon the note is to argue that the national government may do indirectly what it cannot do directly. The argument has been frequently met and answered by this court. In the case last cited it was admitted that the power of the government to borrow money could not be directly opposed; but a distinction was taken, in argument, between direct opposition and those measures which had ultimately the same effect. The distinction was promptly repudiated by the court.

If this is a tax which affects the notes of the city directly or indirectly, it must be condemned; and that it is such there can be no doubt. For it is the quality of transfer-of passing from hand to hand-which gives their chief value to the notes or evidences of debt which are issued by the United States or the smallest municipality. To say that Congress cannot tax the paper, and yet may destroy the quality which gives it value, is an evasion unworthy of any government.

As to the power of taxation, the rights and regulations of the national and State governments are strictly correlative. Each, as to the other, possesses the same rights and is bound by the same restraints. If, without the power to tax the notes, Congress may arrest their circulation by imposing a tax upon the act of paying them out, the States may, with the same right, impose a tax upon the act of paying out the national currency, or upon the transfer of national obligations. If the power exists upon one side, it does upon the other, and the States may destroy the value of the notes or other obligations of the national government, just as the United States, in this case, destroyed the value of the notes of Little Rock.

It is said that the national banks being the creatures of Congress, that body can impose upon them any prohibition, or grant to them any privilege,-enforce the prohibition by any penalty, or affix to the exercise of the privilege any price; that the plaintiff in error, having violated the prohibition, must incur the penalty, or, having exercised the privilege, pay the price. That argument does not affect this case, for the reason that Congress neither imposed a prohibition upon, nor granted a privilege to, national banks, in regard to the matter in question. What it might have done, or could have done, is not for consideration here. The question is, What was done?

It seems clear that the argument of prohibition or privilege gains nothing from the fact that the plaintiff in error is a national banking association, deriving its powers from the act of Congress. While such associations are named, the tax is not imposed upon them as a distinct class, but is intended to suppress the circulation and transfer of the notes of municipal corporations. If that effort cannot be sustained as to the other corporations and persons named in the act, it must fail as to all, national banks included.

Penalties are never implied. They must be directly prescribed by clear words, for courts will never find them by implication. The act contains neither prohibition, penalty, nor privilege, and taxation implies neither. Youngblood v. Sexton, cited in Cooley on Taxation, 404; McGuire v. The Commonwealth, 3 Wall. 382; Pervear v. The Commonwealth, 5 id. 475.

Veazie Bank v. Fenno (8 Wall.) 533), which upheld a statute imposing a similar tax upon the paying out of the notes of a State bank, presents a very different question. It is true, as argued in that case, that the franchise of the Veazie Bank was granted by a statute, but it was granted to private persons and for private purposes. The notes of the bank were issued for mere trading purposes. The notes of Little Rock were the evidences of a debt, contracted for public uses by a branch of the State government; and formed a part of the debt of the State. A tax upon them in any form is a tax upon the government of the State.

The Solicitor-General, contra, cited Veazie Bank v. Fenno, 8 Wall. 533.

MR. CHIEF JUSTICE WAITE delivered the opinion of the court.

title: National Bank v. United States


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title: Talk:National Bank v. United States


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National Bank v. United States/Opinion of the Court

The only question presented is as to the constitutionality of sect. 3413 of the Revised Statutes, the objection being that the tax is virtually laid upon an instrumentality of the State of Arkansas.

We think this case comes directly within the principles settled in Veazie Bank v. Fenno (8 Wall. 533), where it was distinctly held that the tax imposed by that section on national and State banks for paying out the notes of individuals or State banks used for circulation was not unconstitutional. The reason is thus stated by Mr. Chief Justice Chase: 'Having thus, in the exercise of undisputed constitutional powers, undertaken to provide a currency for the whole country, it cannot be questioned that Congress may constitutionally secure the benefit of it to the people by appropriate legislation. To this end Congress has denied the quality of legal tender to foreign coins, and has provided by law against the imposition of counterfeit and base coin on the community. To the same end Congress may restrain, by suitable enactments, the circulation as money of any notes not issued under its authority. Without this power, indeed, its attempts to secure a sound and uniform currency for the country must be futile.' p. 549.

The tax thus laid is not on the obligation, but on its use in a particular way. As against the United States, a State municipality has no right to put its notes in circulation as money. It may execute its obligations, but cannot, against the will of Congress, make them money. The tax is on the notes paid out, that is, made use of as a circulating medium. Such a use is against the policy of the United States. Therefore the banker who helps to keep up the use by paying them out, that is, employing them as the equivalent of money in discharging his obligations, is taxed for what he does. The taxation was no doubt intended to destroy the use; but that, as has just been seen, Congress had the power to do.

Judgment affirmed.


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Babbitt v. Finn

ERROR to the Circuit Court of the United States for the Eastern District of Missouri.

March 27, 1872, James C. Babbitt, assignee in bankruptcy of E. Miller, recovered, in the District Court of the United States for the Western District of Missouri, a judgment for $4,236.28, against Edward Burgess, who, on the 29th of that month, sued out of the Circuit Court a writ of error, and executed the requisite bond, with sureties, to render it a supersedeas.

This action was brought by Babbitt against John Finn and John Shields, who were such sureties. The breach assigned in the declaration is that 'said Burgess did not prosecute said writ to effect, nor answer all or any damages or costs on failing to make good his said plea; but that said cause came on to be heard in said Circuit Court during the March Term, A.D. 1873; said Circuit Court, on the twenty-second day of March, 1873, ordered and adjudged that the said judgment of said District Court be, and the same was thereby, affirmed with costs;' 'that afterwards the said record of said cause was taken from said Circuit Court to the Supreme Court of the United States on a writ of error; on the 25th of October, 1875, it was duly ordered and adjudged by said Supreme Court that the said judgment of said Circuit Court be, and the same was thereby, affirmed with costs, and that the said Babbitt, as such assignee, recover against the said Burgess $107.35 for his costs expended in said cause in said Supreme Court.'

The declaration further alleges that said judgment of said District Court is still in full force and effect, and is wholly unpaid and unsatisfied, &c.

The defendants filed a demurrer, which was overruled. They then answered, admitting the execution of the bond and the first judgment of affirmance, and setting up that Burgess subsequently gave a new supersedeas bond, and removed the case to this court, where the judgment of the Circuit Court was affirmed; and that by such second bond 'the judgment of said Circuit Court was superseded, rendered inoperative, and vacated, and defendants were for ever released and discharged from any and all liability upon said bond sued on.'

For a further defence, they averred that the plaintiff had not sued out an execution against Burgess, or pursued the sureties on the second bond, they being solvent.

To these affirmative defences the plaintiff demurred. His demurrer was overruled. The plaintiff then filed a replication, denying the new special matter set up. The court rendered judgment for the defendants. The plaintiff then removed the case here.

Mr. Nathaniel Myers for the plaintiff in error.

1. The admission in the answer of the execution and breach of the bond entitled the plaintiff to a judgment in his favor, on the pleadings, unless the special matter pleaded by the defendants constituted a valid defence.

2. The affirmance by the Circuit Court of the judgment of the District Court fixed the liability of the sureties, and was a breach of the condition to prosecute the writ of error with effect. Karthaus v. Owings, 6 Har. & J. (Md.) 134.

3. The second writ of error did not annul that affirmance, or discharge the sureties on the original supersedeas bond. Dolby v. Jones, 2 Dev. (N. C.) 109; Ashby v. Sharp, 1 Litt. (Ky.) 156; Jordan v. Agawam Woollen Co., 106 Mass. 571; Hinckley v. Kreitz, 58 N.Y. 583; Smith v. Falconer, 11 Hun (N. Y.), 481; Gillette v. Bullard, 20 Wall. 571; Smith v. Crouse, 24 Barb. (N. Y.) 433; Richardson v. Krapf, 5 Daly (N. Y.), 385; Rev. Stat., sect. 1000; Gardner v. Barney, 24 How. (N. Y.) Pr. 467; Robinson v. Plimpton, 25 N. Y. 484; Kellar v. Williams, 10 Bush (Ky.), 216; Brandenburg v. Flynn's Administrator, 12 B. Mon. (Ky.) 399; Patterson v. Pope, 5 Dana (Ky.), 241,4. It was not necessary to sue out an execution against the original judgment debtor. Smith v. Ramsay, 6 Serg. & R. (Pa.) 573; Wood v. Derrickson et al., 1 Hill (N. Y.), 410; Tissot v. Darling, 9 Cal. 278; Smith v. Gaines, 93 U.S. 341; Brandt, Sureties, sect. 404.

Mr. Given Campbell, contra.

The only question for consideration is, Did the court err in rendering judgment in favor of the defendants? and it is submitted on their behalf that it did not. The new bond when the writ of error was sued out of this court operated as a supersedeas, and discharged the sureties on the bond given in the District Court.

Such a bond is intended to secure the payment of the judgment, if the defendant fails in the Appellate Court. Rule 29, Sup. Court; Evans v. Hardwick, 1 J. J. Marsh. (Ky.) 435; Morris v. Barclay, &c., 3 id. 376; Moore v. Gorin, 2 Litt. (Ky.) 186; Sumrall et al. v. Reid, 2 Dana (Ky.), 65.

It is with this view that it is required to be in double the amount of that judgment. Shannon and Wife v. Spencer, 1 Blackf. (Ind.) 120; Norwood v. Martin, 3 Har. & John. (Md.) 199; Parker v. Hannibal & St. Jo Railroad Co., 44 Mo. 415.

This court must have had in view the fact that at common law, sureties were not liable beyond the court for which they stipulated, or the fourth and tenth rules in admiralty would not have been so carefully framed.

The judgment of the Circuit Court, so far as it affected the defendants as sureties on the first bond was vacated by the subsequent proceedings, Payne v. Cowan, 17 Pick. (Mass.) 142; and an action of debt could not be maintained upon it. Atkins v. Wyman, 45 Me. 399; Campbell v. Howard, 5 Mass. 376; Keen v. Turner, 13 id. 266; State of Ohio v. Commercial Bank of Cincinnati, 7 Ohio, 129; Clark Gale v. R. Butler, Jr., 35 Vt. 449.

The original bond was not given to secure the judgment of the Circuit Court when the cause was removed here. If that bond remained in force, another in double the amount of that judgment should not be required, as no additional security, except for costs, would be necessary to transfer the case here, and stay proceedings during its pendency. Such is the course in many of the circuits, in admiralty appeals, where stipulations have been taken under rules 4 and 10.

After the second bond had been approved and a supersedeas allowed, the Circuit Court had no longer the judgment in its power. That bond stayed all proceedings, and precluded the first bondsmen from fulfilling the condition of their bond.

Where property seized on execution has been released upon a forthcoming bond, and before the day of sale mentioned in that bond an appeal is taken, a bond for its due prosecution discharges the sureties on the forthcoming bond.

A forthcoming bond discharges the lien arising from the levy of an execution. Brown v. Clark, 4 How. 4; Freeman, Judgments, sects. 380, 381.

The bond given for the release of an attachment discharges the property from the lien of that writ. St. Louis Perpetual Insurance Co. v. Ford, 11 Mo. 295; Suydam v. Huggeford, 23 Pick. (Mass.) 465.

In admiralty, a vessel libelled upon a lien claim is discharged from the lien when the requisite bond is delivered. The latter is a substituted security, taking the place of the vessel. A bond accepted by the court upon ordering the delivery to the claimant of property seized in admiralty is, in the subsequent proceedings, a substitute for the property. United States v. Ames, 99 U.S. 772. A second replevin bond given and accepted discharges the first. Chancellor v. Van Hook & Brooking, 2 B. Mon. (Ky.) 447.

These analogous cases are cited because authority upon the exact question under consideration is not abundant. It is elementary learning, however, that there are no presumptions against the defendants who, as sureties, have the right to stand upon the very letter of their contract. A change for their benefit without their consent releases them. Their obligation vanishes with that of their principal, and their undertaking was that he should be good for the judgment when rendered in the Circuit Court, and that if he did not pay it then, or otherwise indemnify and satisfy the plaintiff, they would do so for him. When he gave his bond for a writ of error and a super-sedeas to this court, he did indemnify the plaintiff to his satisfaction, and secured the debt evidenced by that judgment. In consideration of such indemnity and security, Burgess was allowed to have his cause heard here, and all proceedings to enforce the judgment were stayed.

It cannot be successfully contended that the defendants are to be regarded as sureties to the plaintiff for the solvency of the sureties on the subsequent bond, or for the continuing solvency of their principal. They might be willing to underwrite his solvency until his cause should be decided in the Circuit Court, but not for two years longer, when the action would be pending in this court.

Such an extension of their liability would be making a new and more onerous contract for them. It seems, therefore, that the bond for the writ of error from this court is substituted for that originally given, and exempts these defendants from liability.

MR. JUSTICE CLIFFORD delivered the opinion of the court.

title: Babbitt v. Finn


text: Talk:Babbitt v. Finn

title: Talk:Babbitt v. Finn