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146 you may well say. And I declare to you, if he had wanted my right arm, I should have said, 'Cut it off, sir.'

"Fifty francs, indeed! It was n't the twentieth of what we owed him; and he only took that to save our feelings. And seeing this, I was still more anxious to please him; so I bought some linen, the finest I could get, and did n't I make him an elegant set of shirts!"

"Why, how did you get his measure?"

"Ah! that was hard; but when I make up my mind nothing stops me. I went to his valet—who knew me, because he had brought the wine—and I told him the doctor wanted me to look over his linen in the wash. So I got to the laundress, and I made her think he had ordered some shirts like those she had in hand, and so I got the pattern.

"I was full of work at that time, but I made all those shirts at night; and it gave me such satisfaction to think, 'Ah! you won't let us pay you—you obstinate man—but you can't prevent my sitting up and working for you the livelong night; and the way I worked! you should have seen me at it!

"You may depend on it there was plenty of hemstitching on those shirts, and you know when I try I can hemstitch.

"But I am trifling away my time, and this dress will never be done."


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WAS descending the last slope of the Canigou, and though the sun was already set I could distinguish on the plain the houses of the small town of Ille, towards which I directed my steps.

"Of course," I said to the Catalan who since the day before served as my guide, "you know where M. de Peyrehorade lives?"

"Just don't I!" cried he; "I know his house like my own, and if it were not so dark I would show it to you. It is the finest in Ille. He is rich, M. de Peyrehorade is, and he marries his son to one richer even than he."

"Does the marriage come off soon?" I asked him.

"Soon? It may be that the violins are already ordered for the wedding. To-night perhaps, to-morrow, or the next day, how do I know?

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150 It will take place at Puygarrig, for it is Mademoiselle de Puygarrig that the son is to marry. It will be a sight, I can tell you."

I was recommended to M. de Peyrehorade by my friend M. de P. He was, I had been told, an antiquarian of much learning and a man of charming affability. He would take delight in showing me the ruins for ten leagues around. Therefore I counted on him to visit the outskirts of Ille, which I knew to be rich in memorials of the Middle Ages. This marriage, of which I now heard for the first time, upset all my plans.

"I shall be a troublesome guest, I told myself. But I am expected; my arrival has been announced by M. de P.; I must present myself."

When we reached the plain the guide said, "Wager a cigar, sir, that I can guess what you are going to do at M. de Peyrehorade's."

Offering him one, I answered: "It is not very hard to guess. At this hour, when one has made six leagues in the Canigou, supper is the great thing after all."

"Yes, but to-morrow? Here I wager that you have come to Ille to see the idol. I guessed that when I saw you draw the portraits of the saints at Serrabona."

"The idol! what idol?" This word had aroused my curiosity.

"What! were you not told at Perpignan how


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 except in cases of application for a new trial, need not state the grounds of appeal. Fourteen clear days’ notice of the motion must be given by the appellant to the other party, the respondent.

In the case of appeals from an interlocutory order, or from a final order, or from an order made in any matter which is not an action, or from an order made in chambers, the appeal must be brought within fourteen days by motion, of which four clear days’ notice must be given by the appellant to all parties directly affected by the appeal. Controversies have arisen as to the meaning of the term “interlocutory,” which (in the absence of any authoritative definition) the court of appeal settles as they arise. The test most generally accepted is that a judgment or order is final if, as made, it finally disposes of the rights of the parties in a manner equally conclusive between them. The court may by special leave allow appeals of either class to be brought after the time above limited. The respondent may by proper notice bring a cross appeal against any portion of the judgment or order made below with which he is dissatisfied. The court has power to order the appellant to find security for the costs of an appeal, if special circumstances, such as insolvency or poverty or foreign domicile or the like, make the giving of security desirable. The court of appeal “rehears” the case. Under ordinary circumstances it does not permit a new case to be set up inconsistent with the case as presented below; and it is content with the judges’ notes, or a transcript of the evidence given below, and with a note or transcript of the judgment appealed from, but has power on special grounds to receive fresh evidence either viva voce or on affidavit. The court may call in for its assistance assessors who are experts on the matters of fact or science involved in the appeal, and usually does so in cases arising out of collisions at sea.

The court of appeal may make any order which it deems just as to the costs of the whole or any part of an appeal, except possibly in the case of certain appeals in matters on the crown side of the High Court, as to which some doubt still exists. In practice the costs follow the event, unless the court in a particular case makes an order to the contrary.

A decision of the court of appeal is final in appeals from the High Court in bankruptcy, unless leave be given to appeal to the House of Lords (§ 104, Bankruptcy Act 1883), and in divorce appeals, except where the decision either is upon the grant or refusal of a decree for dissolution or nullity of marriage, or for a declaration of legitimacy, or is upon any question of law on which the court gives leave to appeal (Supreme Court of Judicature Act 1881, § 9); but no further appeal to the House of Lords lies, even with leave of the court of appeal, on appeals from the High Court sitting as a court of appeal from county courts in bankruptcy. With these exceptions there is now a right of appeal from every order of the court of appeal to the House of Lords.

The House of Lords.—The House of Lords has for centuries been the court of last resort, and is still the final court of appeal from the chief courts in the United Kingdom. The origin of the appellate jurisdiction of the House of Lords was undoubtedly of that partly feudal and partly popular character already alluded to, which made the suitor seek from the high court of parliament the justice denied elsewhere in the baronial courts or by the king’s judges. The lords exercised the mixed function of jurymen and judges, and, as in judgments on impeachment, might be influenced by private or party considerations, debating and dividing on the question before the House. A revolution was silently accomplished, however, by which the function of reviewing the decisions of the courts fell entirely to the lawyers raised to the peerage, while the unprofessional lords only attended to give the sanction of a quorum to the proceedings, and the House has always had the right to invoke the assistance of the judges of the superior courts to advise on the questions of law raised by an appeal. The letters and memoirs, so late as Queen Anne’s reign, show that party or personal influence and persuasion were employed to procure votes on appeals, as they have been in later times on railway or other local bills. The last instance probably in which a strong division of opinion was manifested among the unprofessional lords was the celebrated Douglas cause in 1769, when the House was addressed by the dukes of Newcastle and Bedford, but was led by the authoritative opinion of Lord Mansfield on the effect of the evidence—an opinion which was treated rather as that of a political partisan than of a judge. The case of Daniel O’Connell and others, brought up on writ of error from the queen’s bench in Ireland in 1844, may be said to have finally established the precedent that the judgments of the House of Lords were to be given solely by the law lords. On that occasion there was a difference of opinion among the law lords themselves. The judgment of the majority of the House was strongly against the political feeling of the government and of the peers as a body, while the law lords who carried the decision had been appointed by previous governments opposed in politics to the existing cabinet. But all these temptations to a party vote by the unprofessional members were resisted.

By § 20 of the act of 1873, the appellate jurisdiction of the House of Lords (so far as it affects England) was abolished, but this section was repealed by the Appellate Jurisdiction Act 1876. Under that act and an amending act of 1887, the appellate business of the House of Lords is conducted solely by the law lords, though lay peers may still sit (Bradlaugh v. Clarke, 1882, 8 App. Cas. 354). No appeal may be heard or determined except in the presence of not less than three of the following persons:—(1) the lord chancellor; (2) the lords of appeal, four of whom are appointed under the act from among persons who hold, or have held, high judicial office, or, at the date of appointment, have been in practice for not less than fifteen years as barristers in England or Ireland, or as advocates in Scotland; (3) such peers of parliament as hold, or have held, high judicial office. By “high judicial office” is meant the office of lord chancellor of Great Britain or Ireland, lord of appeal in ordinary, paid judge of the judicial committee or member of that committee, or judge of one of the superior courts of Great Britain or Ireland.

An appeal lies to the House of Lords (1) from any order or judgment of the court of appeal in England except as above stated; (2) from a judgment or order of any court in Scotland or Ireland from which error or an appeal to the House of Lords lay by common law or statute immediately before the 1st of November 1876. No appeals are heard from the decision of courts in criminal cases. The House of Lords has an indirect power by standing orders to admit appeals from Scotland or Ireland which under former law or practice could not be admitted (Appellate Jurisdiction Act 1876, § 12). The procedure on appeals is regulated by standing orders of the House. The proceedings are commenced by petition of appeal, which must be lodged with the clerk of the parliaments within one year from the date of the last judgment it appealed from. Security for costs (£200) must be given by bond or lodgment of the money, unless dispensed with by the House on the ground of poverty (act of 1893). Each party lodges a printed case signed and certified by counsel, containing a resumé of the matters to be discussed and of the contentions for or against the allowance of the appeal. The hearing is before three or more law lords, who may call in nautical assessors in admiralty cases (acts of 1893 and 1894). It is not public in the full sense of the term, as persons not concerned in the appeal can attend only by consent of the House. The House pronounces the judgment which in the opinion of the majority of the law lords should have been pronounced below, and has jurisdiction in the case of all appeals to give or refuse costs to the successful party. The costs of the appeal if given are taxed by the officers of the House. The jurisdiction as to costs does not directly arise under any statute (see West Ham Guardians v. Bethnal Green Churchwardens, 1896, A.C. 477).

Appeals to the King in Council.—The decisions of ecclesiastical courts when acting within the limits of their jurisdiction, and the decisions of courts in the king’s dominions outside the United Kingdom, and of courts in foreign countries set up under the Foreign Jurisdiction Acts, cannot be dealt with by the

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 THE TENTH NOUELL.

The loue of Chariton and Menalippus.

will I rehearse a fact of the tyrant Phalaris farre discrepante from his conditions, because it sauoureth of great kindnes and humanitye, and seemeth not to be done by him. Chariton was an Agrigentine borne, which is a towne in Sicilia, and a great louer of beauty, who with ardent affection loued one Menalippus, which was also borne in that Citie, of honest conditions and of excellente forme and comelines. This tyraunt Phalaris hindred Menalippus in a certaine sute: for he contending in iudgement with one of Phalaris frendes, the tyraunt commaunded him to giue ouer his suite: whervnto, because he was not obedient, he threatned to put him to death, except he would yelde. Notwith standing, Menalippus ouer came him in law, and the noble men which were the frends of Phalaris, would giue no sentence, but brought the matter to a Nonesuite; which the yong man takinge in ill part, said he had receiued wrong, and confessed to his frend Chariton the wrong he had sustained, requiring his ayde to be reuenged upon the tyrant. He made other yonge men priuie to his conspiracie, such as he knewe woulde be ready and apte for that enterprise. Chariton perceyuinge the rage and furie of his frende, knowinge that no man would take his parte for feare of the tyraunt, began to disswade him, sayinge, that he himselfe went aboute the like attempte, a litle before, to deliuer his country into libertie from present seruitude, but he was not able to sort the same to any effect, without great daunger: wherefore he praied hym to commit the consideration thereof vnto him, and to suffer him to espie a time apt and conuenient. Menalippus was content: Chariton reuoluing with himselfe that deuise, woulde not make his deare frend a partaker of the fact least it shoulde be perceiued, but he alone took vppon him to do the deede, that onely himselfe might sustaine the smart; wherefore taking a sword in his hande, as he was seeking way to giue the assault vpon the tyraunt, his enterprise was disclosed, and Chariton apprehended by the Guarde, which for the tyrauntes defence, diligently attended about him.


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 House of Lords or any of the ordinary tribunals of any part of the United Kingdom. The power once claimed by the court of king’s bench in England to control the courts of Ireland has lapsed, and its power to intervene in colonial cases is limited to the grant of the writ of habeas corpus to a possession in which no court exists having power to issue that writ or one of like effect (Habeas Corpus Act 1862). As regards all British possessions, the appeal to the king in council is in its origin and nature like that of the provincials unto Caesar, and flows from the royal prerogative to admit appeals. With the growth of the British empire it has been found necessary to create a comparatively constant and stable tribunal to advise the king in the exercise of this prerogative. For this purpose the judicial committee of the privy council was created in 1833. In 1851, and again in 1870, it was reorganized, and by acts of 1876, 1887 and 1898 it received its present form. The committee consists of the president of the council, and of the following persons, if privy councillors—the lord chancellor and ex-chancellors of Great Britain and of Ireland, the four lords of appeal in ordinary, the lords justices of appeal in England or retired lords justices of appeal in England, and persons who hold or have held the office (a) of judge of the High Court of Justice or the court of appeal in England or Ireland, or of the court of session in Scotland; (b) any person who is or has been chief justice or a judge of the Supreme Court of Canada or of a superior court of any province of Canada, of any of the Australian states (except Fiji and Papua), or of New Zealand or the Cape of Good Hope or Natal. The number of persons of this class who may be members at once is limited to five (1895, c. 44); (c) provision is also made for the payment of two privy councillors who have been judges in India who attend the privy council.

Numerous as are the members of the committee, the quorum is three. One or more of the lords of appeal in ordinary usually attend at every hearing, but the composition of the committee is very fluctuating. Appeals from the British dominions abroad lie in criminal as well as civil matters. The right of appeal is regulated as to most possessions by order in council, and in some cases is limited by imperial or colonial statute. Appeals are on fact as well as on law, but the committee rarely if ever disturbs the concurrent judgments on facts of two colonial courts. In the case of admiralty appeals from colonial or consular courts, naval assessors may be called in. The committee also hears (with the aid of ecclesiastical assessors) appeals from ecclesiastical courts. The judgment of the committee is in the form of a report and advice to the king, which is read by one of the members sitting, and no indication is given as to whether the members present are unanimous. Effect is given to the advice by orders in council dismissing or allowing the appeal, and giving direction as to the payment of costs and as to the further proceedings to be taken in the colonial courts.

The procedure of the committee is on the same lines as that on appeals to the House of Lords; no well-arranged code of practice existed however up to the end of 1908, and new rules were then being proposed on the subject. The appeal is commenced by a petition of appeal, and by the giving of security for costs. In colonial appeals printed cases are lodged containing a summary of the contentions of the parties, and with this a printed copy of the record of the proceedings and documents used in the courts appealed from. The hearing is in the privy council chamber and is not public. When an appeal is called on, the counsel and parties are summoned into the chamber, and when the arguments are concluded they are requested to retire. The appeals to the king in council from colonial states having a federal constitution, like Canada and Australia, stand in an exceptional position. The act creating the Supreme Court of Canada purports to make the decision of that court final. But it is still the practice to admit by special leave a prerogative appeal from the court, and to entertain appeals from courts of the provinces of Canada direct to the king in council, without requiring them to go to the Supreme Court. The constitution of the Australian Commonwealth contemplates (§ 73) the possibility of restricting appeals to the king in council from the supreme courts of Australia, and sec. 74 forbids appeals to the king in council except by leave of the High Court of Australia from decision of that court on any question however arising as to the limits inter se of the constitutional powers of the commonwealth and those of any state or states, or as to the limits inter se of the constitutional powers of any two or more states. The exact effect of these enactments and of Australian legislation under § 73 is a matter of controversy.

Scotland.—In Scotland the ordinary appellate tribunal for decisions of inferior courts and of the lords ordinary is the court of session, which for appellate purposes sits in two divisions. Appeals from inferior tribunals in criminal cases go before the judges of the court of session sitting in the High Court of Justiciary. The court of session was in its original constitution a committee of parliament for the performance of its judicial functions, and an appeal to parliament was consequently anomalous. In the reign of Charles II., however, the courts grew so intolerably corrupt that a determined effort was made to have their judgments overturned, by an appeal which was strictly of the old character of a cry for protection against flagrant injustice. It was called a “protest for remeid of law,” and was inserted as one of the national claims in the Petition of Right at the revolution. The treaty of union is silent as to appeals, though definitely excluding the right of English courts to interfere with Scottish courts or cases. The House of Lords has since the Union acted without challenge as the final appellate tribunal for Scotland in civil causes; but has always declined jurisdiction in Scottish criminal cases.

Ireland.—The Supreme Court of Judicature (Ireland) Acts have remodelled the courts and appellate system of Ireland on the same lines as those of England. The High Court of Justice in Ireland now consists of two divisions only, the chancery division, which has little or no appellate functions, and the king’s bench division, which has for Ireland substantially the same power of reviewing and correcting the decisions of inferior courts as has the corresponding court in England. To this there is one exception, that appeals from a county court in Ireland may be heard on circuit by a single judge of assize. In Ireland there is also a court of appeal, created in 1877, whose jurisdiction and procedure follow the same lines as that of the English court of appeal.

France.—The court of last resort in France for all cases, whether civil or criminal (en matière criminelle, correctionnelle et de police), is the cour de cassation, which sits in Paris. It is a court of error for the review of all judgments of tribunals of last resort (except juges de paix in certain cases), and for the transfer of causes from one court to another when justice so demands, and to determine conflicts of jurisdiction (Law 1 Dec. 1790). Ordinarily it is confined to errors of law and procedure, but where evidence not available below is brought before the court, it may send the case back for retrial or give the appropriate final judgment, as in the case of Dreyfus (1906). It also hears appeals from courts martial.

Next to the cour de cassation are the courts of appeal, which have jurisdiction to hear appeals (1) in civil matters from courts of first instance, juges de paix, and where the amount in dispute exceeds £60 from commercial courts, tribunaux de commerce (Civil Proc. Code, arts. 443-475); (2) in criminal matters from tribunaux correctionnels (Com. Proc. Code, arts. 202-235). The appeal is both on fact and on law, and applies to interlocutory or preparatory as well as to final judgments.

Spain.—In Spain the jurisdiction and procedure with reference to appeals is on the same lines as in France. As regards civil matters it is regulated by title 21 of the Civil Procedure Code. The appeal to the supreme court is for the most part on questions of law (por infraccion de ley o de doctrina); but the court has also power to review judgments on materials not available at the first hearing (arts. 1796, 1801).

British India.—In British India complete and systematic provision is made for appeals both in civil and in criminal cases by the Procedure Codes (Civil of 1882, with subsequent amendments, and Criminal of 1898), and also to some extent by the

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Rh M. de Peyrehorade had found an idol in the earth?"

"You mean to say an earthen statue?"

"Not at all. A statue in copper, and there is enough of it to make a lot of big pennies. She weighs as much as a church-bell. It was deep in the ground at the foot of an olive tree that we got her."

"You were present at the discovery?"

"Yes, sir. Two weeks ago M. de Peyrehorade told Jean Coll and me to uproot an old olive tree which was frozen last year when the weather as you know was very severe. So in working, Jean Coll, who went at it with all his might, gave a blow with his pickaxe, and I heard bimm—as if he had struck a bell, and I said, What is that? We dug on and on, and there was a black hand, which looked like the hand of a corpse, sticking out of the earth. I was scared to death. I ran to M. de Peyrehorade and I said to him, 'There are dead people, master, under the olive tree! The priest must be called.' "'What dead people?' said he to me. He came, and he had no sooner seen the hand, than he cried out 'An antique! an antique!' You would have thought he had found a treasure. And there he was with the pickaxe in his own hands, struggling and doing almost as much work as we two."

"And at last what did you find?"


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152 "A huge black woman more than half naked, with due respect to you, sir. She was all in copper, and M. de Peyrehorade told us it was an idol of pagan times—the time of Charlemagne."

"I see what it is,—some virgin or other in bronze from a destroyed convent."

"A virgin! Had it been one I should have recognized it. It is an idol, I tell you; you can see it in her look. She fixes you with her great white eyes—one might say she stares at you. One lowers one's eyes, yes indeed one does, on looking at her."

"White eyes? Doubtless they are set in the bronze. Perhaps it is some Roman statue."

"Roman! That's it. M. de Peyrehorade says it is Roman. Oh! I see you are an erudite like himself."

"Is she complete, well preserved?"

"Yes, sir, she lacks nothing. It is a handsomer statue and better finished than the bust of Louis Philippe in colored plaster which is in the town-hall. But with all that the face of the idol does not please me. She has a wicked expression,—and, what is more, she is wicked."

"Wicked! what has she done to you?"

"Nothing to me exactly; but wait a minute. We had gotten down on all-fours to stand her upright, and M. de Peyrehorade was also


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Rh on the rope, though he has not much more strength than a chicken. With much trouble we got her up straight. I reached for a broken tile to support her, when if she does n't tumble over backwards all in a heap. I said, 'Take care,' but not quick enough, for Jean did not have time to draw away his leg—"

"And it was hurt?"

"Broken as clean as a vine-prop. When I saw that I was furious, I wanted to take my pickaxe and smash the statue to pieces, but M. de Peyrehorade stopped me. He gave Jean Coll some money, but all the same, he is in bed still, though it is two weeks since it happened, and the physician says that he will never walk as well with that leg as with the other. It is a pity, for he was our best runner, and, after M. de Peyrehorade's son, the cleverest racquet player. M. Alphonse de Peyrehorade was sorry I can tell you, for Coll always played on his side. It was beautiful to see how they returned each other the balls. They never touched the ground."

Chatting in this way we entered Ille, and I soon found myself in the presence of M. de Peyrehorade. He was a little old man, still hale and active, with powdered hair, a red nose, and a jovial, bantering manner. Before opening M. de P.'s letter he had seated me at a well-spread table, and had presented me to his wife and son as a celebrated archæologist who was to draw


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154 Roussillon from the neglect in which the indifference of erudites had left it.

While eating heartily—for nothing makes one hungrier than the keen air of the mountains—I scrutinized my hosts. I have said a word about M. de Peyrehorade, I must add that he was activity personified. He talked, got up, ran to his library, brought me books, showed me engravings, and filled my glass, all at the same time. He was never two minutes in repose. His wife was a trifle stout, as are most Catalans when they are over forty years of age. She appeared to me a thorough provincial, solely occupied with her housekeeping. Though the supper was sufficient for at least six persons, she hurried to the kitchen and had pigeons killed and a number broiled, and she opened I do not know how many jars of preserves. In no time the table was laden with dishes and bottles, and if I had but tasted of everything offered me I should certainly have died of indigestion. Nevertheless, at each dish I refused they made fresh excuses. They feared I found myself very badly off at Ille. In the provinces there were so few resources, and of course Parisians were fastidious!

In the midst of his parents' comings and goings M. Alphonse de Peyrehorade was as immovable as rent-day. He was a tall young man of twenty-six with a regular and handsome countenance, but lacking in expression. His height


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Rh and his athletic figure well justified the reputation of an indefatigable racquet player given him in the neighborhood.

On that evening he was dressed in an elegant manner; that is to say, he was an exact copy of a fashion plate in the last number of the Journal des Modes. But he seemed to me ill at ease in his clothes; he was as stiff as a post in his velvet collar, and could only turn all of a piece. In striking contrast to his costume were his large sunburnt hands and blunt nails. They were a laborer's hands issuing from the sleeves of an exquisite. Moreover, though he examined me in my quality of Parisian most curiously from head to foot, he only spoke to me once during the whole evening, and that was to ask me where I had bought my watch-chain.

As the supper was drawing to an end M. de Peyrehorade said to me: "Ah! my dear guest, you belong to me now you are here. I shall not let go of you until you have seen everything of interest in our mountains. You must learn to know our Roussillon, and to do it justice. You do not suspect all that we have to show you—Phœnician, Celtic, Roman, Arabian, and Byzantine monuments; you shall see them all from the cedar to the hyssop. I shall drag you everywhere, and will not spare you a single stone."

A fit of coughing obliged him to pause. I took advantage of it to tell him that I should be


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Rh White-heated storms assail all heads— Triumphal pæons shake the air! Unnumberéd gawks roam thro' each hall— Where Typhon sits, a maiden sobs! Conscience stabs our nightly beds,

Remorse leers daily at dame Care.

A Donga, deep with squirming gnats

And acrid coils,—a hole of Death! And runnels thick with arid dung,

Flow past a Temple's swoll'n arch,

Where warring tribes of hungry cats

Fish for green lizards filched of breath; A palace-dome where runes are sung

As Satan views his squadron's march,

Flare twin mineral lights of blue

That lure each legion foul of home.

Swarm Trojans right and left with sword; Skirr gloppened worriers thro' the night; Roar puteals that toads eschew;

Hiss brown snakes to each toothless gnome,


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156 sorry to disturb him on an occasion of so much interest to his family. If he would but give me his excellent advice about the excursions to be made, I could manage, without his taking the trouble to accompany me.

"Ah! you mean the marriage of that boy there," he exclaimed, interrupting me; "stuff and nonsense, it will be over the day after to-morrow. You will go to the wedding with us, which is to be informal, as the bride is in mourning for an aunt whose heiress she is. Therefore, there will be no festivities, no ball. It is a pity, though; you might have seen our Catalans dance. They are pretty, and might have given you the desire to imitate Alphonse. One marriage, they say, leads to another. Once the young people married I shall be free, and we will bestir ourselves. I beg your pardon for boring you with a provincial wedding. For a Parisian tired of entertainments—and a wedding without a ball at that! Still you will see a bride—a bride—well, you shall tell me what you think of her. But you are a thinker and no longer notice women. I have better than that to show you. You shall see something; in fact, I have a fine surprise in store for you to-morrow."

"Good heavens!" said I; "it is difficult to have a treasure in the house without the public being aware of it. I think I know the surprise in reserve for me. But if it is your statue which


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Rh is in question, the description my guide gave me of it has only served to excite my curiosity and prepared me to admire."

"Ah! So he spoke to you about the idol, as he calls my beautiful Venus Tur; but I will tell you nothing. To-morrow you shall see her by daylight, and tell me if I am right in thinking the statue a masterpiece. You could not have arrived more opportunely. There are inscriptions on it which I, poor ignoramus that I am, explain after my own fashion; but you, a Parisian erudite, will probably laugh at my interpretation; for I have actually written a paper about it,—I, an old provincial antiquary, have launched myself in literature. I wish to make the press groan. If you would kindly read and correct it I might have some hope. For example, I am very anxious to know how you translate this inscription from the base of the statue: CAVE. But I do not wish to ask you yet! Wait until to-morrow. Not a word more about the Venus to-day!"

"You are right, Peyrehorade," said his wife; "drop your idol. Can you not see that you prevent our guest from eating? You may be sure that he has seen in Paris much finer statues than yours. In the Tuilleries there are dozens, and they also are in bronze."

"There you have the saintly ignorance of the provinces!" interrupted M. de Peyrehorade.


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158 "The idea of comparing an admirable antique to the insipid figures of Coustou!

'How irreverently my housekeeper $ensp;Speaks of the gods!'

Do you know that my wife wanted me to melt my statue into a bell for our church. She would have been the godmother. Just think of it, to melt a masterpiece by Myron, sir!"

"Masterpiece! Masterpiece! A charming masterpiece she is! to break a man's leg."

"Madam, do you see that?" said M. de Peyrehorade in a resolute tone, extending toward her his right leg in its changeable silk stocking; "if my Venus had broken that leg there for me I should not regret it."

"Good gracious! Peyrehorade, how can you say such a thing! Fortunately, the man is better. And yet I cannot bring myself to look at a statue which has caused so great a disaster. Poor Jean Coll!"

"Wounded by Venus, sir," said M. de Peyrehorade, with a loud laugh; "wounded by Venus, and the churl complains!

'Veneris nec præmia nôris.'

Who has not been wounded by Venus?"

M. Alphonse, who understood French better than Latin, winked one eye with an air of intelligence, and looked at me as if to ask, "And you, Parisian, do you understand?"


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Rh The supper came to an end. I had ceased eating an hour before. I was weary, and I could not manage to hide the frequent yawns which escaped me. Madame de Peyrehorade was the first to notice them, and remarked that it was time to go to bed. Then followed fresh apologies for the poor accommodations I would have. I would not be as well off as in Paris. It was so uncomfortable in the provinces! Indulgence was needed for the Roussillonnais. Notwithstanding my protests that after a tramp in the mountains a bundle of straw would seem to me a delicious couch, they continued begging me to pardon poor country people if they did not treat me as well as they could have wished.

Accompanied by M. de Peyrehorade I ascended at last to the room arranged for me. The staircase, the upper half of which was in wood, ended in the centre of a hall, out of which opened several rooms.

"To the right," said my host, "is the apartment which I propose to give the future Madame Alphonse. Your room is at the opposite end of the corridor. You understand," he added in a manner which he meant to be sly,—"you understand that newly married people must be alone. You are at one end of the house, they at the other."

We entered a well-furnished room where the first object on which my gaze rested was a bed


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160 seven feet long, six wide, and so high that one needed a chair to climb up into it.

Having shown me where the bell was, and assured himself that the sugar-bowl was full and the cologne bottles duly placed on the toilet-stand, my host asked me a number of times if anything was lacking, wished me good-night, and left me alone.

The windows were closed. Before undressing I opened one to breathe the fresh, night air so delightful after a long supper. Facing me was the Canigou. Always magnificent, it appeared to me on that particular evening, lighted as it was by a resplendent moon, as the most beautiful mountain in the world. I remained a few minutes contemplating its marvellous silhouette, and was about to close the window when, lowering my eyes, I perceived a dozen yards from the house, the statue on its pedestal. It was placed at the corner of a hedge that separated a small garden from a vast, perfectly level quadrangle, which I learned later was the racquet court of the town. This ground was the property of M. de Peyrehorade, and had been given by him to the parish at the solicitation of his son.

Owing to the distance it was difficult for me to distinguish the attitude of the statue; I could only judge of its height, which seemed to be about six feet. At that moment two scamps of the town, whistling the pretty Roussillon tune,


text:
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Rh  régalades', were crossing the racquet court quite near the hedge. They paused to look at the statue, and one of them even apostrophized it aloud. He spoke Catalonian, but I had been long enough in Roussillon to understand pretty well what he said.

"There you are, you wench!" (The Catalonian word was much more forcible.) "There you are!" he said. "It was you then who broke Jean Coil's leg! If you belonged to me I'd break your neck."

"Bah! what with?" said the other youth. "It is of the copper of pagan times, and harder than I don't know what."

"If I had my chisel" (it seems he was a locksmith's apprentice), "I would soon force out its big white eyes, as I would pop an almond from its shell. There are more than a hundred pennies' worth of silver in them."

They went on a few steps.

"I must wish the idol good-night," said the taller of the apprentices, stopping suddenly.

He stooped and probably picked up a stone. I saw him unbend his arm and throw something. A blow resounded on the bronze, and immediately the apprentice raised his hand to his head with a cry of pain.

"She threw it back at me!" he exclaimed. And my two rascals ran off as fast as they could.

It was evident that the stone had rebounded


text:
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162 from the metal and had punished the wag for the outrage he had done the goddess. Laughing heartily, I shut the window.

Another Vandal punished by Venus! May all the desecrators of our old monuments thus get their due!

With this charitable wish I fell asleep.

When I awoke it was broad day. On one side of my bed stood M. de Peyrehorade in a dressing-gown; a servant sent by his wife was on the other side with a cup of chocolate in his hand.

"Come, come, you Parisian, get up! This is qnitequite? [sic] the laziness of the capital!" said my host, while I dressed in haste. "It is eight o'clock, and you are still in bed! I have been up since six. This is the third time I have been to your door. I approached on tiptoe: no one, not a sign of life. It is bad for you to sleep too much at your age. And my Venus, which you have not yet seen! Come, hurry up and take this cup of Barcelona chocolate. It is real contraband chocolate, such as cannot be found in Paris. Prepare yourself, for when you are once before my Venus no one will be able to tear you away from her."

I was ready in five minutes; that is to say, I was half shaved, half dressed, and burned by the boiling chocolate I had swallowed. I descended to the garden and saw an admirable statue before me. It was truly a Venus, and of


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Rh beauty. The upper part of the body was nude, as great divinities were usually represented by the ancients. The right hand was raised as high as the breast, the palm turned inwards, the thumb and two first fingers extended, and the others slightly bent. The other hand, drawn close to the hip, held the drapery which covered the lower half of the body. The attitude of this statue reminded one of that of the mourre player which is called, I hardly know why, by the name of Germanicus. Perhaps it had been intended to represent the goddess as playing at mourre. However that may be, it is impossible to find anything more perfect than the form of this Venus, anything softer and more voluptuous than her outlines, or more graceful and dignified than her drapery. I had expected a work of the decadence; I saw a masterpiece of statuary's best days.

What struck me most was the exquisite reality of the figure; one might have thought it moulded from life, that is, if Nature ever produced such perfect models.

The hair, drawn back from the brow, seemed once to have been gilded. The head was small, like nearly all those of Greek statues, and bent slightly forward. As to the face, I shall never succeed in describing its strange character; it was of a type belonging to no other Greek statue which I can remember. It had not the calm,


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Page:Betelguese, a trip through hell.djvu/52

44 Affrighted at the raving horde

That crash thro' leprous filth and light—

Disastrous sights of men gone mad! And pyramidal wall of rock

Are battle-grounds for waging lust: A clashing lance spun vypers round

The gyrus rind where helots clad

Each Thaumaturgist in a frock,

The sign of which spake added trust

Unto each ghoul-king's able hound.

Crafty Lords of militant mien,

Led vanquished to the slaughter-pen; Thumb-screws and bastinados work

Both Devils' pomp and Soldans' joy; And tantrums coarse in cesspools teem

As women sob for dying men:

The wracks that djinnee fear and shirk,

Are Torture's friend—A Monster's toy!

The rayless styes that guard the bones

Of fall'n kings and grizzled hordes,


text:
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Rh The mildewed screes that hold the skulls

Of shambling spectres, wraiths, and souls,

Now waft the spiréd, rasping tones

Of risen helots, princes, lords; And all up-rising mists from hulls

That stranded on these jejune shoals,

Evaporate when amber lights

Cleave phantom-screens and huddles black.

(For this each pixie sings for cheer)

Arcadian sights then hold sway: Each corporal gump loves the sights—

The hidden past (an endless track)

Reviews each garneréd Greek and year,

Each warrior bold and lassie gay.

Sanious lights beyond the height,

Imbosked dysodile vaults of dwale

As ulexite flare in the rocks

Where implex aisles lead to gyte doom,

Lure illaqueate Thought to flight,

And at a Cyon, chained in stall,


text:
Page:Betelguese, a trip through hell.djvu/54

46 Whom mad Medeas shore of locks,

Chase Fancy's wings where hazards bloom.

Here herculean dwangs of gold,

Clasped in talons of Circe's son,

Pry portals of Teocalli as,

When hyoids blaze like sea-linkt skies,

Incondite imps seek grovels cold,

Unfathomed haunts that scyle each sun,

We see above the lees green grass

Where pixies laugh with dancing eyes,—

King Wonder's sight that holds each heart!

Above the rind of Ursa's wake,

Past shadows vague and sunless suns,

Giant visions of the cancelléd past

Rise from the void and play their part.

Demeter floats around a lake;

Where waters with a naiad runs,

Hector's shot by Archilles'Achilles' [sic] dart; Where Orestes stabs his mother,

Agamemnon sleeps on in cold; Aegisthus robs a queen of all;


text:
User talk:Chapka~enwikisource

Welcome
Welcome

Hello, Chapka, and welcome to Wikisource! Thank you for. I hope you like the place and decide to stay. Here are a few good links for newcomers:
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Again, welcome! Beeswaxcandle (talk) 22:57, 14 September 2012 (UTC)

Your account will be renamed
Hello,

The developer team at Wikimedia is making some changes to how accounts work, as part of our on-going efforts to provide new and better tools for our users like cross-wiki notifications. These changes will mean you have the same account name everywhere. This will let us give you new features that will help you edit and discuss better, and allow more flexible user permissions for tools. One of the side-effects of this is that user accounts will now have to be unique across all 900 Wikimedia wikis. See the announcement for more information.

Unfortunately, your account clashes with another account also called Chapka. To make sure that both of you can use all Wikimedia projects in future, we have reserved the name Chapka~enwikisource that only you will have. If you like it, you don't have to do anything. If you do not like it, you can pick out a different name.

Your account will still work as before, and you will be credited for all your edits made so far, but you will have to use the new account name when you log in.

Sorry for the inconvenience.

Yours, Keegan Peterzell Community Liaison, Wikimedia Foundation 23:23, 17 March 2015 (UTC)

Renamed
 This account has been renamed as part of single-user login finalisation. If you own this account you can |log in using your previous username and password for more information. If you do not like this account's new name, you can choose your own using this form after logging in: . -- Keegan (WMF) (talk) 06:43, 21 April 2015 (UTC)

title: User talk:Chapka~enwikisource


text:
User talk:Moore2012

Welcome
Welcome

Hello, Moore2012, and welcome to Wikisource! Thank you for. I hope you like the place and decide to stay. Here are a few good links for newcomers:
 * Help pages
 * Style guide
 * Inclusion policy
 * For Wikipedians

You may be interested in participating in Add the code active projects, PotM or CotW to your page for current wikisource projects.
 * Proofread of the Month
 * Community collaboration
 * Requested texts

You can put a brief description of your interests on your user page and contributions to another Wikimedia project, such as Wikipedia and Commons.

I hope you enjoy contributing to Wikisource, the library that is free for everyone to use! In discussions, please "sign" your comments using four tildes ( ~ ); this will automatically produce your IP address (or username if you're logged in) and the date. If you need help, ask me on my talk page, or ask your question here (click  [ edit] ) and place  before your question.

Again, welcome! Beeswaxcandle (talk) 22:58, 14 September 2012 (UTC)

title: User talk:Moore2012


text:
Page:Betelguese, a trip through hell.djvu/55

Rh Andromache sobs tears of woe.

And Clytaemenestra's lover,

Like Menelous, is strong and bold: Aeneas on a burning wall

Carries Anchises from the show.

Then vulgar scenes stare at each soul,

Hair-raising visions greet each eye; Priam's son is dragged round ancient Troy,

Tied fast to a chariot's tail; Andromeda's doomed as Death's toll; Patroclus dies with a deep sigh.

Phyrrhus sacks Troy with a devilish joy; Hecuba's nineteen sons now wail

As Mycenae and Tiryns are burn'd:

The Scaean Gate is storm'd by Peers! Archæans and Phrygians bold

Have fought with Hatred's biting lust.

Telemachus whom the Fates have spurn'd

Finds Ulysses in twenty years; Thessalian Soldans in gold,

Like Dædalus, slept on in dust


text:
Page:First Voyage Round the World.djvu/85

 this was not yet known, only the three mouths were seen. The boats went thither, and brought back word, and they set sail and anchored at these mouths of the channels, and Fernando de Magalhāes sent two ships to learn what there was within, and these ships went: one returned to the Captain-major, and the other, of which Alvaro de Mesquita was captain, entered into one of the bays which was to the south, and did not return any more. Fernan de Magalhāes seeing that it did not come back, set sail, and the next day he did not choose to make for the bays, and went to the south, and took another which runs north-west and south-east, and a quarter west and east. He left letters in the place from which he sailed, so that if the other ship returned, it might make the course which he left prescribed. After this they entered into the channel, which at some places has a width of three leagues, and two, and one, and in some places half a league, and he went through it as long as it was daylight, and anchored when it was night: and he sent the boats, and the ships went after the boats, and they brought news that there was an outlet, for they already saw the great sea on the other side; on which account Fernando


text:
Page:The Coming Colony Mennell 1892.djvu/26

 of the days of Raleigh its tranquil conditions might prove disappointing, to the industrious pioneer, desirous of securing a home amidst broader and brighter surroundings, with somewhat less of convention, and somewhat more of elbow-room than the Old World has been able. to afford him, Western Australia. may be recommended as possessing possibilities of success for the steady man for which he might seek in vain in "Merrie England."

At home, no doubt, we meet instances on every hand of men who have raised themselves from humble positions to the front ranks in commerce and politics, but they mostly belong to the exceptional class of men who possess the temperament of success, and would "do" anywhere. The attractions which Australia seems to me specially to offer are, to the ordinary-going man, who looks not so much to palaces and purple and fine linen as the goal of his hopes, as to the humbler, but not less praiseworthy aim of owning his own home and homestead, and of seeing his children, before he dies, lifted up some way on that ladder of social ascent which his own lot forbade him to climb in the land of his birth. Social contrasts are, no doubt, becoming accentuated, and social distinctions defined, even in Australia, but where all are avowedly engaged in the material development of the country, there cannot be quite the same line drawn between the officers and the rank and file of the great army of industry, which prevails amidst the more complicated conditions of the old world, in which everything has had to broaden slowly down from precedent to precedent. Entrenched on his own holding, and with the certainty that life will be better worth living for his children than it has been for himself and his predecessors, he may feel himself the equal of any one.

Comparing Western Australia with other parts of the Australian continent, it is not only possible to acquire virgin land from the State on easy conditions, but even the area that has been already alienated is more cheaply purchasable than is the case in similar situations in the older colonies. Then, too, there is the advantage of going to a country where production is behind instead of in advance of consumption, no small


text:
1922 Encyclopædia Britannica/Fisher, John Arbuthnot

FISHER, JOHN ARBUTHNOT, (1841-1920), British admiral (see ), on relinquishing the office of First Sea Lord in Jan. 1910 remained in retirement until 1912, when he was appointed chairman of the royal commission on oil fuel. He was a firm believer in oil as fuel for the navy, with its corollary the internal combustion engine. He foresaw its effects on the design of war vessels, and the far-reaching tactical results to be derived from the employment of capital ships that would show no funnels or smoke, have immense sea-keeping powers, and be fuelled at sea from tankers.

After the outbreak of the World War, the retirement of Prince Louis of Battenberg, in Nov. 1914, from the post of First Sea Lord, led to Lord Fisher's being again installed in that office at the Admiralty. His presence was immediately felt in the dramatic and brilliant piece of strategy which resulted, under Adml. Sturdee, in the destruction of Adml. von Spee's squadron off the Falklands. Fisher then, with the coöperation and hearty support of Mr. Churchill, initiated a great building programme of cruisers, monitors, destroyers and small craft to the number of some 600 keels, pressing the American shipyards into the service, necessarily at an enormous cost. Everything had to be subordinated to haste, and in fact most of the craft were actually delivered within six months. Although primarily designed for a great strategic move into the Baltic, which Lord Fisher had himself drawn up in detail, this vast armada was gradually diverted from its original purpose to various other uses — among them the naval attempt to force the passage of the Dardanelles; and it was the War Council's decision to proceed with this that ultimately (May 1915) led to Lord Fisher's resignation of his post as First Sea Lord. In the following July he was appointed chairman of the Inventions Board, and in 1917 gave important evidence before the Dardanelles Commission. In 1919 he published two books — Memories and Records. These collections of unconventional and more or less fragmentary utterances taken down in shorthand inevitably suffer from a lack of sequence and coherence, and they are of little value as a guide to their author's actual achievements. After some months of illness Lord Fisher

died on July 10 1920, his last public act being a press campaign in favour of economy. He was then in his eightieth year.

It was still difficult in 1921 to form a just estimate of the value to his country of Lord Fisher's long and arduous service. In some ways the results of his strenuous life were disappointing to himself and to those whom his strong and rugged personality impressed with a sense of almost superhuman genius and power; as well as to those, such as the journalists whom he knew well how to flatter, who took him exactly at his own valuation. It needed an experience like that of the late King Edward to see the weak and unprotected places in the strong man's armour, and to understand where what was fine in him needed support and protection. Like so many men in his service, Lord Fisher suffered from the disadvantages of an incomplete education — a defect not likely to be felt in actual fighting service, but apt to become more and more of a handicap as a man advances in his profession and deals with wider and more complex problems than those involved in merely technical developments. Lord Fisher was temperamentally as well as by training unable to make use of a staff, in the modern sense of that term; he thought alone, formulated his large but vague conceptions of war and strategy alone, and attempted practically alone to work them out — with inevitable results. It is remarkable that so powerful and in some ways attractive a personality neither produced any school nor influenced any notable group in the navy; and even of the men whom he selected and furthered, practically none except Lord Jellicoe came to great distinction or achieved any signal success. Many of the schemes with which his name is most closely associated — Osborne, the training of the engineering branch, the system of the “common entry” for example — proved failures and had to be abandoned or completely remodelled. Although he was sponsor while First Sea Lord for the Dreadnought principle of design, and for such infinitely important technical developments as water-tube boilers, turbines, etc., his theory that “speed is armour,” as applied to North Sea warfare, proved to be dangerous, and the battle cruisers designed in accordance with it were to some extent at a disadvantage as a result of reliance on aphorism rather than on the logical and thought-out harmonization of means, conditions and end. Some of the more extreme examples of this class, still under construction on his retirement from the Admiralty, had to be abandoned or altered or adapted to other uses. On the other hand, in his large conceptions of warfare, in his prevision of the war with Germany and its date, in his concentration of the navy in the North Sea as a training ground, in his strategical strokes, such as the destruction of the von Spee squadron, and his conception of a Baltic campaign early in the war (never carried out), and in his untiring advocacy of an offensive policy (also overruled), Lord Fisher showed a true genius and grasp of the essentials of naval warfare which alone would make him a memorable figure in British history. His character was a combination of strength, ingenuity and simplicity; by some mysterious throwback he had, both physically and mentally, a strong oriental strain in his composition; and the Bible was his favourite and most familiar book. He read, however, not so much to educate and enlarge his mind, as to seek and find confirmation of his own views and conceptions of things. In that respect he was like a great artist, who assimilates everything in life that will contribute to the endorsement and magnification of his own genius, and rejects the rest. He was sometimes ruthless and violent in his methods, although rather less so than he would have the world believe; there were indeed veins of beauty and modesty in his character, and he came nearest to true greatness when he was most simple. His were a life and character essentially of the kind to provoke violent controversy and sharp divisions between his admirers and accusers; but when these have died away his figure will stand out, even among the strong men of his day, as that of an enemy to shams and pretences, to sloth and incompetency, and as a passionate lover and defender of his country. (F. Y.)


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Page:Betelguese, a trip through hell.djvu/56

48 As Penlope winged for distant zones.

Then Syran airs held each ear:

Bright carvels glowed with rubic wine,

Giant cyphers flared each Lordling's name

Within the haunts of dungeoned domes,

Where jazels peer the eyes of Fear,

And owls with a scorpion dine— Twin Monarch's play the dice's game.

When beacons urticate each eye,

Noctivagous ghouls haste to stroke

Each goblin shank of hoary sage.

Then pomp of gloom breaks into bloom,

The Temple's arch cracks as we sigh,

A clashing sound above that spoke

Blind wrath unto each Wizard's rage,

Revealed the chasm of stark Doom.

Unto the peaks and gables black,

Syrian airs like Orpheus

Lull sequesteréd afrites to sleep,

A witch smites her high biforous—


text:
Page:EB1911 - Volume 02.djvu/228

 charters of the high courts of Calcutta, Bombay and Madras (see Ilbert, Government of India, Oxford, 1898, p. 137). In addition, the decisions of subordinate tribunals may be revised by a superior tribunal proprio motu, or reviewed in a proper case by the tribunal which has given them; and provision is made for the consultation of a superior by an inferior tribunal in cases of legal difficulty. The policy of admitting so many appeals has been criticized. But with an enormous population which has no representative institutions it has been deemed wise to provide ample means of correcting judicial errors at the instance not only of the aggrieved person but also at the instance of the supervising judicial authorities, as a means of ensuring regularity and propriety in the conduct of judicial business by subordinate judges in out-of-the-way districts.

Civil Appeals.—(1) Except where otherwise expressly provided by the Civil Procedure Code, or by any other law for the time being in force, an appeal lies from the whole or part of any decree, whether made ex parte or inter partes, of a court exercising original jurisdiction (Civil Procedure Code, § 540). By “decree” is meant the final expression of an adjudication upon a right claimed or defence set up in a civil court, when such adjudication, so far as regards the court expressing it, decides the suit (§ 2). The appeal is both on facts and on law. The procedure on the appeal is prescribed by c. 41 of the Civil Procedure Code, and the directions of the code deal even with the language of the judgment on appeal and the matters to be stated therein. (2) Decrees passed on an appeal to any court in India subordinate to a High Court are as a general rule subject to appeal to the High Court on the grounds (a) that they are contrary to a specified law, or usage having the force of law; (b) that they have failed to determine some material issue of law, or usage having the force of law; (c) of substantial error or defect in procedure prescribed by the code or other law which might possibly have produced error or defect in the decision of the case upon the merits (§ 584). The procedure on these appeals is regulated by c. 42 of the Civil Procedure Code. (3) Appeals from orders which do not fall within the definition of decrees are allowed in the cases specified in § 588 of the code. The procedure with respect to these appeals is on the same lines as that on appeals against decrees (§ 590). Provision is made (by c. 44) for allowing appeals in forma pauperis after certain preliminary inquiries. In the High Courts appeals lie from the decision of one judge to two or more judges of the High Court, whose decision has effect as a judgment of the full court. Appeals, in civil cases, from the courts of India to the king in council are regulated by c. 45 of the Civil Procedure Code. The appealable amount is for most cases Rs. 10,000 or a claim or question as to property of like amount.

Besides the provisions stated as to appeals, Indian courts have power in certain contingencies to review their own decisions (§ 623). An inferior court may also refer cases of difficulty to the High Court on a statement of the facts as found in the referring court and of the opinion thereon of that Court (§§ 617-620); and in cases in which no appeal lies to the High Court, that court may call for the record of any case in which the court below appears to have acted without jurisdiction or failed to exercise its jurisdiction, or to have exercised its jurisdiction illegally or with material illegality (§ 622).

Criminal Matters.—Criminal jurisdiction in India is exercised by magistrates of the first, second and third class, by sessions courts, and the high or chief courts of the presidencies or provinces (Criminal Procedure Code of 1898). The higher judges in a district have the power of revising those decisions which are not absolutely summary of the judges of the classes below them in the same district; i.e. the sessions judge can revise the decisions of a first-class magistrate, and the High Court those of a sessions judge (§ 435). Inferior tribunals can also refer questions of law to the High Court (§§ 432, 433); and where a sentence of death is passed, or a sessions judge differs from the jury (§ 307), the matter must be referred to the High Court. On matters of reference or revision the parties have no right to be heard.

Provision is also made for appeals by c. 31 of the Code. Appeals from second- or third-class magistrates are dealt with by the district (first-class) magistrate (§ 407). Persons convicted on trial by assistant sessions judges or first-class magistrates, except in cases where the punishment is very small, have an appeal to the sessions judge (§§ 408, 413). A person convicted on trial by the sessions judge has an appeal to the High Court (§ 410), but where he has pleaded guilty the only point on which appeal is open is the legality or extent of sentence (§ 412). Special provision is made as to appeals by persons born in Europe (whether British subjects or not) and Americans (§§ 408, 415, and c. 33).

In criminal cases there is a right of appeal to the king in council in certain cases provided for by the charters of the chartered high courts (see Ilbert, Government of India, Oxford, 1898, p. 137).

An appeal also lies in certain cases from the courts of British officers in feudatory states of India to a high court in India, and from the courts of Aden and Zanzibar and British East Africa to the High Court of Bombay. Appeals do not lie from the courts of native states to British courts in India, though in some cases there is an appeal of a political rather than judicial nature from the judicial tribunals of feudatory states; e.g. in the case of Kathiawar (Hemchand Derchand v. Azam Sakarlal; 1906. L.R. A.C. 212).

Canada.—In Canada each province has the regulation of its own courts of justice. In Ontario the judiciary are organized, under the Provincial Judicature Acts, in much the same manner as in England; and the review of decisions of inferior courts (by appeal or other proceedings based on English practice) is in the hands of the High Court of Justice, subject to appeal to the provincial court of appeal. In Quebec the highest court (king’s bench), besides its original jurisdiction, has appellate jurisdiction over the superior court (see Quebec Civil Procedure Code, art. 1114 et seq.). The jurisdiction is exercised by writ of error or by appeal, according to the nature of the decision appealed from. The judges of the superior court have also, under art. 494, power to review before three judges decisions of a judge of that court or of a circuit court (arts. 494-504). Nova Scotia, New Brunswick, Manitoba and British Columbia have supreme courts with appellate authority over decisions of single judges of the court and over inferior tribunals in the province. Appeals lie from the highest courts of each province, in civil matters, to the Supreme Court of Canada, or to the king in council in cases falling within the orders in council applying to each province, but in criminal matters to the king in council. From the Supreme Court of Canada no appeal lies as of right to the king in council (Dominion Act 1875, 38 Vic. c. 11, § 47), and the royal prerogative of granting special leave to appeal is sparingly exercised. The principles on which the judicial committee acts in advising for or against the grant of special leave in civil case& are stated in Daily Telegraph Newspaper Co. v. M‘Laughlin, 1904, L.R. A.C. 776. It is, however, as before, quite common for appeals to be brought direct to the privy council from the provincial courts without resort to the Dominion court (see Wheeler, Privy Council Law, p. 955).

Australia.—Each of the states of the Australian Commonwealth has its own supreme court. The Commonwealth parliament constituted in 1903 a High Court for Australia, which, besides its original federal jurisdiction, is also a court of appeal from the supreme courts of the constitutional states, or from any state court from which an appeal lay to the king in council at the establishment of the Commonwealth. The jurisdiction of the court is defined by the Judiciary Act of 1903, by which it is created. The right of appeal is given both as to criminal and civil matters.

South Africa.—In Cape Colony and Natal the appellate courts are the supreme courts, subject to further appeal in certain cases to the king in council. The superior courts of Cape Colony are empowered to review the proceedings of all inferior courts in the colony and its dependencies in cases where no appeal lies. There was for a time an appeal from the High Court of Orange

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User talk:NotinREALITY

— billinghurst  sDrewth  23:14, 14 September 2012 (UTC)

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Page:The Coming Colony Mennell 1892.djvu/27

 matter in computing the chances of success from a farming point of view; whilst as regards the general outlook for the industrious colonist, it. is a fact of no little moment that Western Australia is at the beginning instead of the end (as in the case of the other colonies for the time being) of a "spirited public works policy." This alone is a vital feature, especially when it is borne in mind that in this regard financial exigencies, as well as common prudence, will compel her statesmen to profit by the experience and mistakes of their more advanced compeers to the eastward. The evidences of a vast mineral wealth are also daily accumulating, with the certainty that a large mining population will shortly enormously enhance the local demand for agricultural and industrial products of all descriptions.

Under these circumstances it has been thought that the republication, in an expanded form, of some letters recently contributed from the spot to one of the London daily newspapers would not be unacceptable to the large class who, in the United Kingdom, and even in Australia and New Zealand, are from various causes on the qui vive for "fresh fields and pastures new."

An article from the pen of one of the most trusted financial authorities in Australia is also appended, as well as some important excerpts from the summarised report of the Agricultural Commission of 1887, which is understood to have been drawn up by the Hon. H. W. Venn, the present Minister of Railways of Western Australia, than whom very few even of "old colonists" have had a more varied and practical experience of pioneering life in the vast territory which he now assists to administer. As regards Mr. Turner's "impressions," they are entitled to even more than ordinary weight, because, as I myself can bear witness, he visited Western Australia with a "mind" that was rather "shut" than "open" to a favourable recognition of the immediate prospects of the colony. It is also on record that Mr. F. G. Smith, of the National Bank of Australasia, a gentleman regarded as the very type of the cautious and astute financier, was equally favourably impressed with the outlook for what (though the phrase has grown trite


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1922 Encyclopædia Britannica/Jelf, Sir Arthur Richard

JELF, SIR ARTHUR RICHARD (1837-1917), English judge, was born at Pankow, near Berlin, Sept. 10 1837, the son of the Rev. Richard William Jelf, principal of King's College, London, by his wife Countess Emmy Schlippenbach, at one time maid of honour to the Queen of Hanover. He was educated at Eton and Christ Church, Oxford, where he took his degree in 1860. He was called to the bar in 1863, and became a Q.C. in 1880. From 1879 to 1901 he was recorder of Shrewsbury, and in 1901 was raised to the bench, retiring in 1910. He died at Putney July 24 1917.


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 by repetition) was happily styled "The Cinderella of the Australian group."

A synopsis of the Land and Mining Regulations of Western Australia is also appended; in addition to which there is a Table of Wages, particulars as to passages and outfit, and assisted emigration, as well as new matter with respect to the almost incalculably valuable timber resources of the colony.


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User talk:Uncommon fritillary

— billinghurst  sDrewth  23:25, 14 September 2012 (UTC)

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 II.

the "ancient history" of the colony may be thought to have little interest for the latter-day settler, there is innate in the human mind a turn for genealogical investigation, whether as applied to family or national antecedents. In the case, too, of the colonist, there is a certain gratification in hearing of the hardships and failures undergone by his predecessors on the very spot on which more favourable conditions, or, as perhaps he prides himself, his own superior energy have enabled him to plant himself with security and success. No excuse is thus necessary for commencing with a few preliminary words as to the discovery and early history of the colony.

In 1527 a Portuguese navigator named Menezes touched upon its western shores, and gave the name of the Albrolhos to the group of islands lying westward of what is now known as Champion Bay. In 1598 these islands, which contain valuable guano deposits, were sighted by a Dutchman named Houtman, the projector of the Dutch East India Company; and in 1629 Francis Pelsart's frigate Batavia was wrecked upon them. Cape Leeuwin (or Lioness) was first sighted from a vessel of that name in 1622, and in 1644 Tasman, on his second voyage, gave the name of Tasman Land to what is now known as the Kimberley district in the far north. In 1688-9 Dampier in the Roebuck sailed along the north-west coast, entering and naming Shark's Bay, the scene since of a profitable pearl fishery. In 1697 the entrance to the Swan River


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Rh A symbol of king Typhon's wrack! Where crystal lamps shine most glorious,

Twin legions lie in cajons bleak,— Tokens of Hell invidious! Then fades the burnished light on high;

Magicians stave their heads in dust,

The vermin feed on reeking bones,

Each gnome sobs to a green-horn'd toad.

And monarchs of this dungeoned sky

Untomb each son in sacred trust

As vypers sound their rasping tones,

Farewell the ancient Greek's abode! Then spectres of the tower'd night,

(Vultures of the sun, moon and stars)

And bezzling parasites of dawn,

Haunt ichnolite of mourners cold; Then purple sins bloom in the light

As vypers drive queens in bright cars; Where dragons root the blistere'd lawn,

There reigns a curdling monster bold.


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50 To scour these lanes of strobic gloom— Infernal doom by mongrels' wrought! To pace these aisles of whistling heat,

Eternal signs of souls gone wrong! And when a skelp cleaves siffling doom,

And vapours scyle a greenish ghaut,

Rebellious vandals stamp their feet

As rulling Cyons wield hell's prong.

Then domes and walls sweat savage rage,

Each gangrel gnome is toss'd by fear,

The tombs provoke each inmate's keep

To curse the horrid atmosphere,

Where ghouls their battle-axes wage,

Froth devils' pomp throughout the year;

Where lizards o'er tath do creep,

Bivouacs a horney-fisted seer.

To groves of wind-swept ulmus' bear,

And siffling mists beyond a bell

That hide veiled shadows of a peak

Above the stationed domes of red,


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104 Despotic sway all subjects curs'd

When Hell was new and Earth unborn:

Now souls of man in torture sing,

Each Idol's glyph by damn'd one's kiss'd,

Who then shall say who is the worst,

A vyper's brood or man forsworn?


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Rh Augueries of a marching pair,—

Twin demons of unconqueréd Hell!

Spell visions that the soffins leak

That felt the besom of the dead,

Just as the Twilight's scarlet urn

Is seen from heights unfathomed, strong.

There runnels of green waters cold,

Toss lepers from their murky breast;

There venom-oils and tapers burn

To light the way of souls gone wrong,— Blood-stained each idol's crown of gold

Where battle-wrecks seek figent rest!

To the distant porphyry mount

Where agate torches shine most bright,

And syrinx's float music's charm

O'er the jargling herds of tombed,

A joggling javel begins to count,

With bleary eyes of grayish light,

The rubies on each idol's arm,

And whisper words unto the tombed.


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1922 Encyclopædia Britannica/Jellicoe, John Rushworth Jellicoe, Viscount

JELLICOE, JOHN RUSHWORTH JELLICOE, (1859– ), British admiral, was born Dec. 5 1859. His family had for some generations been connected with Hampshire, and his father held an honourable position in the merchant service. Young Jellicoe, after a preliminary education at Rottingdean, entered the navy in 1872. He soon gave evidence of exceptional industry and ability, and was fortunate in seeing active service at an early stage of his career. He served in the Egyptian War in 1882, and on his examination for promotion to lieutenant took no less than three first-class certificates. As a lieutenant he laid the foundations of that special knowledge of gunnery which was so useful to him at a later stage. The science of naval gunnery was then being revived under the inspiration and inventive genius of Comm. Percy Scott. Jellicoe while a lieutenant won the gunnery prize of £80, and thus successfully identified himself with what was, if not a new science, a new scientific development of an old art. With that of Lord Fisher, who gave it his countenance and furthered its development, the names of Sir Percy Scott and Lord Jellicoe are those which deserve to be most honourably associated with this great revival. In 1893 Jellicoe was promoted to commander and joined the “Achilles,” passing soon after to the “Victoria,” flagship of Sir George Tryon in the Mediterranean. He was among the survivors from this ship when she was sunk in collision with the “Camperdown” in June 1893. In Aug. of the same year Jellicoe was appointed to the “Ramillies.”

In 1897 he was promoted to the rank of captain and took up his first Admiralty appointment on the ordnance committee, a service for which his proficiency in the science of gunnery had qualified him. A year later he was appointed to the “Centurion,” flagship of Sir E. H. Seymour on the China station, and as chief-of-staff took part in the expedition to relieve the legations at Pekin during the Boxer rising in 1900. After this he returned to the Admiralty for two years, this time to the department of the comptroller, to whom he became naval assistant in March 1902. In Aug. 1903 he went to sea for a year in command of the “Drake,” but in Nov. 1904 returned to the Admiralty for committee work, remaining there until 1907. He was a member of the design committee and in 1905 became director of naval ordnance. In 1907 he was promoted to rear-admiral and hoisted his flag (Aug. 1907) in the “Albemarle” in the Atlantic Fleet, where he remained for a year. He then once more returned to the Admiralty, this time as Third Sea Lord. In Dec. 1910 he received the appointment of vice-admiral (acting) commanding the Atlantic Fleet, the rank being made substantive in Nov. 1911. A month later he was appointed to the command of the 2nd Division of the Home Fleets; and in Dec. 1912 he returned to the Admiralty

for two years as Second Sea Lord, during which time he took command of the Red Fleet in the naval manœuvres of 1913.

He was then designated as second-in-command of the Home Fleets, but on the outbreak of the World War this appointment was changed to that of commander-in-chief, Grand Fleet, in succession to Sir George Callaghan, whose term of service was in any case due to expire in a few months. He became admiral in March 1915, and admiral of the fleet in 1919. During his period of command the German fleet gave, on May 31st 1916, for the first and only time in the war, an opportunity to the British to fight a Grand Fleet action (see ); but after a brilliant encircling movement by Sir David Beatty with his battle cruisers, which crossed the enemy’s T and delivered him in confusion under the guns of the Grand Fleet, the Germans, aided by misty weather and successful torpedo threats on Sir John Jellicoe’s deployed divisions, succeeded in extricating themselves from a situation which had seemed, even to themselves, to be hopeless. A few months later Sir John Jellicoe was succeeded as commander-in-chief by Sir David Beatty, and returned to the Admiralty as First Sea Lord, where he remained until the end of 1917. After the signing of peace he visited the principal dominions in a semi-official capacity, and in 1920 was appointed governor-general of New Zealand.

A study of this brief record of his services reveals the fact that Sir John Jellicoe at different times and in various departments had a great deal to do with the welding and preparation of the weapon which the German menace had called into existence, and his service as commander-in-chief of the Grand Fleet is largely to be judged by the condition of that weapon when it came to be tried. If he is entitled to his full share of the credit for the marvellous efficiency shown by the navy as a whole, both in the departments of material and trained personnel, he can hardly, having regard to the long years he spent in the Admiralty in positions of high technical responsibility, escape some part of the responsibility for the matters in which the naval organization showed itself to be less than perfectly equipped and prepared. Many of these defects, which caused him great difficulty and anxiety as commander-in-chief, he himself pointed out in two books written after the war; but his criticism lay open to the rejoinder that no one who was to fight in the navy had had anything like his opportunities to see to it beforehand that the requirements of the navy were supplied. It is probable that in many cases, where he had foreseen these requirements, he was not strong enough to force them on the political heads by whom expenditure was controlled — a position in which the naval officer serving on the Admiralty board is always liable to find himself. Jellicoe had great administrative experience and ability, which proved invaluable in his organization of the Grand Fleet in the early stages of the World War, and he showed a conscientious and unwearying care for the interests of those serving under him which won him the loyalty of the entire service in a remarkable degree. His previous career, however, while marked by valuable technical work and covering long periods of administration, had been of a kind to develop the qualities of an organizer rather than a tactician and fleet commander; and he undoubtedly felt the heavy responsibility that rested upon him for carrying out the policy, by no means clearly defined or consistently observed, which was laid down by the Admiralty and the War Cabinet. For much that has, with apparent reason, aroused criticism with regard to his strategy and tactics in the North Sea warfare, the Cabinet and the Admiralty should properly be held responsible. It could be said of him, at all events, after Jutland, that if he did not then succeed in overwhelming the German fleet, it was very careful not to risk another fleet action up to the end of the war, when it surrendered under the terms of the Armistice.

He received the thanks of Parliament, together with a grant of £50,000, after the Armistice, and was raised in 1918 to the peerage as Viscount Jellicoe of Scapa. He also received the Grand Cross of the Bath, the O.M. and other decorations. In 1920 he was given the freedom of the City of London. In 1902 he married the daughter of Sir Charles Cayzer, Bart., and after he had had four daughters, a son and heir was born to him in 1918.


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52 Now to a churning gyre's pool

We haste to see a weird show,

Where Lordly Helms in vials squirm,

Each mongrel scoundrel's olpe of wine! A Morgan gambles with a ghoul,

A Belmont writhes with sizzling woe,

A Rockefeller leads each worm,

Another's known as T. F. Ryan.

The browless whelp of oily fame

Is made to dig the burning soil,

The sheckles of a Pierpont king,

Secures no prestige in this Inn.

The gambling ghost whose middle name

Is "Fortune", spins within the swirl

Of waters cold and oceans' ring,

Condemned, forsaken for his sin.

On earth they plunder'd, robbed and stole

From month to month and year to year;

There Franchise-stealers cracked with leers

As Plebeians stung, groaned with might.

Now one and all damn'd on this shoal


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 River Colony to the supreme court of the Transvaal, and from that court (whether acting for its own colony or on appeal from the Orange Colony), an appeal to the king in council. In other colonies the provisions as to appeal follow more or less closely the lines of English law and procedure as to appeals, and in all cases the ultimate appeal is to the king in council.

United States.—In the American courts the term “appeal” covers (1) a removal of a cause to a higher court for retrial on all the questions of law or fact involved, or (2) taking up points of law only by proceedings in error, for revision by a higher court. Decrees in admiralty, bankruptcy and equity, in the federal courts, are the subjects of an appeal; judgments in actions at law, of a writ of error. On an equity appeal the evidence taken at the original hearing is reported at length to the appellate court, and it has the right to review the conclusions of fact reached by the court below and come to different ones. This, however, is seldom done, the appeal being almost always decided on points of law based upon the conclusions of fact reached in the original hearing. In admiralty appeals the conclusions of fact reached by the trial court are specially set forth, and are final.

“Appeal” in many of the states is the general term for reviewing any judgment of an inferior court on assignments of error. It is also often used to signify a mode of reviewing proceedings of municipal bodies, affecting the interests of particular persons, e.g. in matters of licences or assessments.

In criminal prosecutions an appeal, or writ of error on points of law, is almost everywhere allowed by statute to the defendant, and often to the state. (United States v. Sanges, 144 United States Reports, 310; State v. Lee, 65 Connecticut Reports, 265.)

By the constitution of the United States the Supreme Court is vested with “appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the Congress shall make.” This provision is held not to create but only to authorize the creation of the jurisdiction. In the words of Chancellor Kent, “If congress had not provided any rule to regulate the proceedings in appeal, the court could not exercise an appellate jurisdiction: and, if a rule be provided, the court could not depart from it.” In pursuance of this principle, the Supreme Court decided in Clarke v. Bazadone that a writ of error did not lie to that court from a court of the United States territory north-west of the Ohio, because the act had not authorized an appeal or writ of error from such a court (Commentaries, i. 324). The appellate jurisdiction of the court is now regulated by title 13 chap. ii. of the Revised Statutes of the United States (1873), §§ 690-710; and by the acts enumerated at p. 901 of the Revised Statutes, United States, 1873 to 1891. Under these statutes the Supreme Court may entertain appeals from the highest court of a state of the Union, but only (1) where the state court has decided against the validity of a treaty or statute of the United States, or of an authority exercised under the United States; (2) where a state court has affirmed the validity of a statute, or of an authority exercised which has been challenged on the ground of repugnance to the constitution, laws or treaties of the United States; (3) where the state court has decided against the existence of a title, right, privilege, or immunity claimed or set up under the constitution of, or under any statute, treaty, commission or authority of the United States.

The appeal from state courts is by writ of error, i.e. on law only; and applies as well in criminal as in civil cases. The Supreme Court will not act unless the federal question was raised in the court below (Chicago U.S. Mail Co. v. McGuire, 1904, 196, U.S. 128). The circuit court of appeals, established in 1891, deals with appeals from the district and circuit courts of the United States, except where other provision is made, e.g. where the jurisdiction of the court appealed from is in question; in prize causes and convictions of capital crimes (U.S. Statutes, 1801, c. 54. § 5); in cases involving the construction or application of the constitution; in cases arising in district or circuit courts involving the constitutional questions already stated as subject of appeal from state courts.

The review by the circuit court of appeals is effected by appeal or by writ of error, and its decision is final, with certain exceptions but with power to certify cases to the Supreme Court for instructions (1891, c. 511, § 6).

The Supreme Court hears appeals from the circuit court of appeals within the limits above stated, and appeals from the circuit and district courts in cases in which an appeal does not lie to the circuit court of appeals, and has power to issue a certiorari to transfer a case from the circuit court of Appeals.

APPEARANCE (from Lat. apparere, to appear), in law, the coming into court of either of the parties to a suit; the formal act by which a defendant submits himself to the jurisdiction of the court. The defendant in an action in the High Court of England enters his appearance to the writ of summons by delivering, either at the central office of the Supreme Court, or a district registry, a written memorandum either giving his solicitor’s name or stating that he defends in person. He must also give notice to the plaintiff of his appearance, which ought, according to the time limited by the writ, to be within eight days after service; a defendant may, however, appear any time before judgment. The Rules of the Supreme Court, orders xii. and xiii., regulate the procedure with respect to the entering of an appearance, the giving of notice, the limit of time, the setting aside and the general effect of default of appearance. In county courts there is no appearance other than the coming into court of the parties to the suit. In criminal cases the accused appears in person. In civil cases infants appear by their guardians ad litem; lunatics by their committee; companies by a solicitor; friendly societies by the trustee or other officer appointed to sue or be sued on behalf thereof. APPENDICITIS, the modern medical term for inflammation of that part of the intestine which is known as the “appendix.” Though not a new disease, there can be no doubt that it is far commoner than it used to be, though the explanation of this increased frequency is not yet forthcoming. Amongst the virulent micro-organisms associated with the disease no one specific germ has hitherto been found. It may be remarked that the theories that influenza, or the use of preserved foods, may be connected with the disease as cause and effect, have supporters. Sometimes the disease is due to the impaction of a pin, shot-corn, tooth-brush bristle, or fish-bone in the appendix, which has set up inflammation and ulceration. In many cases a patch of mortification with perforation of the appendix is caused by the presence of a hard faecal concretion, or “stercolith,” which from its size, shape and appearance has been mistaken by a casual observer for a date-stone or cherry-stone.

Apart from the fact of the more frequent occurrence of appendicitis, the disease is now better understood and more promptly recognized. It was formerly included under the term “perityphlitis”—that is, inflammation connected with the caecum or blind portion of the large intestine. But in the vast majority of cases the inflammation begins in the appendix, not in the intestine proper. It is apt to extend and set up a localized peritonitis, which in the worst cases may become general.

Appendicitis is more often met with in the young than the old, and in boys rather than girls; and in some families there is a strange predisposition towards it. It is often started by a chill, or by over-exertion, and sometimes the attack follows a blow or strain, or some other direct injury, after which the virulent micro-organisms seize on the mucous membrane and involve the appendix in acute inflammation.

The appendix is a narrow tube, about the size of a goose-quill, with an average length of 3 in. It terminates in a blunt point, and from its worm-like shape is called vermiformis. It is an appendage of the large intestine, into which it opens, and is regarded as the degenerate relic, surviving in man and other mammals, of an earlier form of intestine. Foreign bodies passing down the intestinal canal may find their way into the appendix and lodge there. Frequently the diseased appendix is found blocked by hard faeces or undigested particles of food, such as nuts, fibrous vegetable matter, and other imperfectly masticated substances; inflammation may occur, however, without the presence of any impacted material. The appendix may be

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