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 [ : interest in any land subject to the trust, or in any chattel so subject, or the right to recover or receive any debt or other thing in action so subject, shall vest in the persons who by virtue of the deed become or are the trustees for per- forming the trust, the deed shall operate, without any conveyance or assignment, to vest in those persons as joint tenants and for the purposes of the trust the estate interest or right to which the declaration relates; and
 * (b) if the deed is made after the commencement of this Act and does not contain such a declaration, the deed shall, subject to any express provision to the contrary therein contained, operate as if it had contained such a declaration by the appointor extending to all the estates interests and rights with respect to which a declaration could have been made.

(2) Where by a deed a retiring trustee is discharged under the statutory power without a new trustee being appointed, then—
 * (a) if the deed contains such a declaration as aforesaid by the retiring and continuing trustees, and by the other person, if any, empowered to appoint trustees, the deed shall, without any conveyance or assignment, operate to vest in the continuing trustees alone, as joint tenants, and for the purposes of the trust, the estate, interest, or right to which the declaration relates; and
 * (b) if the deed is made after the commencement of this Act and does not contain such a declaration, the deed shall, subject to any express provision to the contrary therein contained, operate as if it had contained such a declaration by such persons as aforesaid extending to all the estates, interests and rights with respect to which a declaration could have been made.

(3) An express vesting declaration, whether made before or after the commencement of this Act, shall, notwithstanding that the estate, interest or right to be vested is not expressly referred to, and provided that

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 [15 the other statutory requirements were or are complied with, operate and be deemed always to have operated (but without prejudice to any express provision to the contrary contained in the deed of appointment or discharge) to vest in the persons respectively referred to in subsections (1) and (2) of this section, as the case may require, such estates, interests and rights as are capable of being and ought to be vested in those persons.

(4) This section does not extend—
 * (a) to land conveyed by way of mortgage for securing money subject to the trust, except land conveyed on trust for securing debentures or debenture stock;
 * (b) to land held under a lease which contains any covenant, condition or agreement against assignment or disposing of the land without licence or consent, unless, prior to the execution of the deed containing expressly or impliedly the vesting declaration, the requisite licence or consent has been obtained, or unless, by virtue of any statute or rule of law, the vesting declaration, express or implied, would not operate as a breach of covenant or give rise to a forfeiture;
 * (c) to any share, stock, annuity or property which is only transferable in books kept by a company or other body, or in manner directed by or under an Act of Parliament.

In this subsection “lease” includes an underlease and an agreement for a lease or underlease.

(5) For purposes of registration of the deed in any registry, the person or persons making the declaration expressly or impliedly, shall be deemed the conveying party or parties, and the conveyance shall be deemed to be made by him or them under a power conferred by this Act.

(6) This section applies to deeds of appointment or discharge executed on or after the first day of January, eighteen hundred and eighty-two.

35

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


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524 close-set or rather distant, spreading, shortly petiolate, ⅓–¾ in. long, ⅕–⅓ in. broad, oblong-obovate or elliptic-oblong or narrow oblongovate, subacute or obtuse, coriaceous when dry, almost fleshy when fresh, quite glabrous, flat or slightly concave, dark-green with brightred margins. Racemes 2–4 near the tips of the branches, equalling the leaves or slightly longer than them, shortly peduncled, dense-flowered; rhachis pubescent; pedicels very short, sometimes almost wanting; bracts small, much shorter than the calyx. Flowers white, ¼ in. diam. Calyx deeply 4-partite; segments ovate, acute, margins minutely ciliolate. Corolla-tube twice as long as the calyx or rather longer; limb 4-lobed; lobes broadly oblong, obtuse, the anterior one narrower. Capsule ovate, acute, compressed, glabrous, twice as long as the calyx.

40. V. Gibbsii, T. Kirk in Trans. N.Z. Inst. xxviii. (1896) 524.—A sparingly branched shrub 9–18 in. high; branches as stout as a goose-quill, ringed with the scars of the fallen leaves. Leaves decussate, close-set, imbricating, erect or spreading, sessile, ⅓–¾ in. long, ¼–½ in. broad, ovate or ovate-oblong, acute or obtuse, coriaceous, glaucous, often tinged with purplish-red, glabrous except the margins, which are fringed with long soft white hairs. Spikes 2–4 near the tips of the branches, peduncled, longer than the leaves, dense-flowered; rhachis and bracts villous with soft white hairs; bracts lanceolate, acute, exceeding the calyx. Flowers ⅕ in. diam., white, sessile or the lower ones very shortly pedicelled. Calyx 4-partite; segments lanceolate or ovate-lanceolate, acute, margins villous. Corolla-tube narrow, about twice as long as the calyx; limb 4-lobed; lobes ovate, acute. Style glabrous or sparingly villous near the base. Capsule narrow-ovate, acute, compressed, about twice as long as the calyx.

41. V. carnosula, ''Hook. f. Handb. N.Z. Fl.'' 210.—A much-branched erect or decumbent woody shrub 6 in. to 3 ft. high; branches stout, spreading, ringed with the scars of the fallen leaves, the younger ones pubescent towards the tips. Leaves closely imbricating, spreading or erect, sessile, ⅓–¾ in. long, ¼–⅔ in broad, broadly


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receiving our card the Prince, to our great surprise and pleasure, sent down a most cordial message that he would be delighted to see us at once. This thrilled us.

“Take us,” we said to the elevator boy, “to the apartments of the Prince.” We were pleased to see him stagger and lean against his wheel to get his breath back.

In a few moments we found ourselves crossing the threshold of the Prince’s apartments. The Prince, who is a charming young man of from twenty-six to twenty-seven, came across the floor to meet us with an extended hand and a simple gesture of welcome. We have seldom seen anyone come across the floor more simply.

The Prince, who is travelling incognito as the Count of Flim Flam, was wearing, when we saw him, the plain morning dress of a

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 Rh gentleman of leisure. We learned that a little earlier he had appeared at breakfast in the costume of a Unitarian clergyman, under the incognito of the Bishop of Bongee; while later on he appeared at lunch, as a delicate compliment to our city, in the costume of a Columbia professor of Yiddish.

The Prince greeted us with the greatest cordiality, seated himself, without the slightest affectation, and motioned to us, with indescribable bonhomie, his permission to remain standing.

“Well,” said the Prince, “what is it?”

We need hardly say that the Prince, who is a consummate master of ten languages, speaks English quite as fluently as he does Chinese. Indeed, for a moment, we could scarcely tell which he was talking.

“What are your impressions of the United States?” we asked as we took out our notebook.

“I am afraid,” answered the Prince, with the delightful smile which is characteristic of him, and which we noticed again and again during the interview, “that I must scarcely tell you that.”

We realized immediately that we were in the presence not only of a soldier but of one of the most consummate diplomats of the present day.

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 Rh “May we ask then,” we resumed, correcting our obvious blunder, “what are your impressions, Prince, of the Atlantic Ocean?”

“Ah,” said the Prince, with that peculiar thoughtfulness which is so noticeable in him and which we observed not once but several times, “the Atlantic!”

Volumes could not have expressed his thought better.

“Did you,” we asked, “see any ice during your passage across?”

“Ah,” said the Prince, “ice! Let me think.”

We did so.

“Ice,” repeated the Prince thoughtfully.

We realized that we were in the presence not only of a soldier, a linguist and a diplomat, but of a trained scientist accustomed to exact research.

“Ice!” repeated the Prince. “Did I see any ice? No.”

Nothing could have been more decisive, more final than the clear, simple brevity of the Prince’s “No.” He had seen no ice. He knew he had seen no ice. He said he had seen no ice. Nothing could have been more straightforward, more direct. We felt assured from that moment that the Prince had not seen any ice.

The exquisite good taste with which the

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2 our members the singular and edifying example of that great Physiologist and Surgeon, by whose pre-eminent and well directed talent, and persevering industry, Chirurgical Science was more essentially advanced, than it had been by any other individual.

And here it may be observed, that the memorial of persons emiment for their talents, and meritorious for their success- ful and useful application of them, has ever been a conspicuous feature in civilized society. In the short account which is left us of the Antediluvian World, Jabel, the father of pasturage, Jubal, the father of instrumental music, and Tubal-Cain, the father of metallurgy, are distinguished as the first, or principal. cultivators, of �


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Page:The Hunterian oration, delivered before the Royal College of Surgeons in London, on the fourteenth day of February, 1821 (electronic resource) (IA b21483851).pdf/9

 THE

HUNTERIAN ORATION,

1821.

GENTLEMEN,

In continuation of a wise and liberal Institution which has been happily established in this College, we are again assembled on the anniversary of the birth of John Hunter, to perform the pleasing duty of acknowledging the merits of those persons, by whose labours and discoveries Surgery has been brought to its present state of improvement; and especially to set before �


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3 those arts, by which the more immediate wants of mankind were to be supplied, their Bnet emotions excited and cherished, and their dominion over the productions of the globe extended and perfected. * And after the greater part of the human race and their works, had been mvolved in ‘one tremendous scene of general destruction, when society again revived, wherever states were formed, and intellectual man was distinguished from the predatory and the savage, the same disposition to record whatever was eminently great, becomes apparent. The. arts of panting and sculpture, the pens of the historian and the poet, imscriptions en-

�
 * Genesis iv. 20-22.


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 Rh Prince had answered our question served to put us entirely at our ease, and we presently found ourselves chatting with His Highness with the greatest freedom and without the slightest gêne or mauvaise honte, or, in fact, malvoisie of any kind.

We realized, indeed, that we were in the presence not only of a trained soldier, a linguist and a diplomat, but also of a conversationalist of the highest order.

His Highness, who has an exquisite sense of humour—indeed, it broke out again and again during our talk with him—expressed himself as both amused and perplexed over our American money.

“It is very difficult,” he said, “with us it is so simple; six and a half gröner are equal to one and a third gross-gröner or the quarter part of our Rigsdaler. Here it is so complicated.”

We ventured to show the Prince a fifty-cent piece and to explain its value by putting two quarters beside it.

“I see,” said the Prince, whose mathematical ability is quite exceptional, “two twenty-five-cent pieces are equal to one fifty-cent piece. I must try to remember that. Meantime,” he added, with a gesture of royal condescension, putting the money in his pocket, “I will keep your coins as instructors”

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Page:The Hunterian oration, delivered before the Royal College of Surgeons in London, on the fourteenth day of February, 1821 (electronic resource) (IA b21483851).pdf/12

4 graved on the most imperishable materials, festa). cclebrations, groves, and ex- pensive buildings, have all been employed to perpetuate the remembrance of illustrious persons, who had rendered signal services to their respective countries, or to the general interests of mankind. Among these testimonials of distinguished honour to celebrated individuals, may be named the temples which were dedicated to Aisculapius; and especially that magnificent edifice near Epidaurus, in which a statue of that physician, composed of ivory and gold, was placed on a splendid throne of the same materials.

But of all the methods which have been devised for rendering honour to


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5 those who haye eminently contributed to the advancement of learning and the sciences, no one is more appropriate, unexceptionable, or beneficial, than institutions like that which now brings us together, by which stated seasons are appointed for the express purpose of publicly allotting to them that share in the remembrance and gratitude of posterity to which they are entitled. By thus holding up their examples for imitation, others are naturally excited to follow their steps, to add new treasures to the stores they have collected, and to aspire to a like place in the estimation of future generations. On these occasions also, we have a gratifying opportunity of recalling to mind those, by �


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 Rh own section of the country. The Prince was interested at once. His eye lighted up, and the peculiar air of fatigue, or languor, which we had thought to remark on his face during our interview, passed entirely off his features. He asked us a number of questions, quickly and without pausing, with the air, in fact, of a man accustomed to command and not to listen. How was the woodchuck hunted? From horseback or from an elephant? Or from an armoured car, or turret? How many beaters did one use to beat up the woodchuck? What bearers was it necessary to carry with one? How great a danger must one face of having one’s beaters killed? What percentage of risk must one be prepared to incur of accidentally shooting one’s own beaters? What did a bearer cost? and so on.

All these questions we answered as best we could, the Prince apparently seizing the gist, or essential part of our answer, before we had said it.

In concluding the discussion we ventured to ask His Highness for his autograph. The Prince, who has perhaps a more exquisite sense of humour than any other sovereign of Europe, declared with a laugh that he had no pen. Still roaring over this inimitable drollery, we begged the Prince to honour us by using our own fountain-pen.

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Page:The Hunterian oration, delivered before the Royal College of Surgeons in London, on the fourteenth day of February, 1821 (electronic resource) (IA b21483851).pdf/14

6 whose instruction and guidance our early steps were directed; of reviewing the progress, the importance, and the obligations of our profession; and of reviving and cultivating that knowledge of each other, which, by inspiring mutual respect and confidence, may keep up a frank and liberal intercourse between us, and make each esteem the talents, the attainments, and the just reputation of every individual, as combining to constitute a common fund of good, which extends its benefits to all.

Such were the generous. sentiments which induced the Executors of Mr. John Hunter to found this Annual Commemoration of their illustrious relative; and such, I trust, are the impressions, under — �


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Rh and warning him that if he ever came among them again they would kill him as well as any Christianized Indians who might accompany him.

Yet, however incommensurate the results obtained were with their efforts, the work of the missionaries was by no means fruitless; a large number of descendants of the Indians brought in from the mountains of Talamanca to-day enjoy the benefits of civilization. The many accounts written of this region and its inhabitants constitute a veritable treasure house for history.

The rugged surface of Talamanca, during past centuries the theater of so many fierce struggles, is already beginning to be covered by plantations; the railroad now crosses the Sixaola River not far from the site of the legendary city of Santiago, and the descendants of the dreaded warriors of former times have become inoffensive Costa Rican citizens. But in spite of every effort they are still rebellious in spirit, as are all indomitable races that refuse to accept civilization.


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Page:On Chronology and the Construction of the Calendar.pdf/12

Time is measured by observing the position of the heavenly bodies. Units of time are periods, that is intervals of time, after the lapse of which the same order of things returns. In astronomy the fundamental, invariable unit of time is the sidereal day i.e. the period, during which the earth revolves once about its axis, measured by help of two successive returns of any fixed star to the meridian, the motion of the fixed stars depending only upon the daily rotation of the earth about its axis and not, like that of the sun and its satellites, upon the progressive advance of the earth in its orbit round the sun.

The position of the sun, moon and planets is determined by comparing them with that of the fixed stars and thus the mean solar day is fixed by help of the sidereal day. The mean solar day in the average of all the solar days throughout the year and exceeds the sidereal day by an average difference of four minutes. Since the solar days are not equal in length, the sun's motion in its apparent orbit and distance from the equator being different in different seasons, the apparent or real solar day does not exactly coincide with the mean solar day.

The duration of the longest apparent (real) solar day is 24h 0m 30s mean time, and that of the shortest 23h 59m 39s mean time; in consequence of all this the mean and apparent solar days commence only 4 times a year (about 14 April, 14 June, 31 August and 23 December) at the same absolute moment, the small differences between the mean and apparent solar day producing, by summation from day to day, that both kinds of days begin at different absolute moments during the whole year, except only on the above mentioned 4 days.

This difference between the commencement of the mean and apparent day or between mean and apparent time is called the Equation of time and its absolute greatest value is 16 minutes.

In the Calendar of all nations without exception, the fundamental unit is the solar day, because the sun is the source of all forces displayed on our planet, whether mechanical, chemical or vital. All other periods of time or so called cycles, applied as units of time, for instance the week, the synodical month, the tropical year, the cycles of 60 years, 60 days etc. are composed of the solar day and its subdivisions.

For this reason we will next occupy ourselves with the cycles, used


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7 which this feeble attempt will be made to correspond with their intentions.

It has generally been affirmed, that Surgery was the. most ancient branch of the healing art. If this assumption be just, it can only apply to the more sim- | ple and obvious parts of it; such as closing and dressing wounds, reducing. luxations, binding up fractures, and em-playing such remedics as were found ca- pable of diminishing the pain, soreness, heat, swelling and rigidity of parts. It does not appear that the idea of awounding, in order to heal, was entertained very early. The practice of medicine being first cultivated in Egypt, the nature of the climate would have held out �


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 were one; but I'll be hanged if I see my way. My adventures are all in a very small circle"—and our young man tapped the seat of his brain. He thought it out at the moment almost as much for himself as for Aurora. "If it weren't that I'm trying to equip myself without disgrace in this one, I should doubt if in a fix of the kind that for you makes the hero I could be rightly counted on to know what to do. There you have me. Yes, it comes home to me: I only know what to do in thought or, as you might say, imagination—and but the least little bit even there; also without any firm confidence of doing it. So that if none but a ranchman need apply!" he could in fine, while they dropped, with this, into their longest break, but look about for his hat. "I suppose it's no use my saying," he went on when he had found this article, "that if it interests you at all I may just possibly before long come in for something in England." He waited a little for her to take him up on it, but to the simple increase of his sense of her leaving him now to flounder as he would. He floundered accordingly an instant longer. "To me—to my mind of course I mean—such a windfall, in the shape of a bit of old property, an old house, a piece of suggestive concrete antiquity, easily represents, as you can conceive, rather a 'treat.' But I don't dream it's a thing to dazzle you with." He felt as soon as he had spoken, or rather as soon as her own 30


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 CHAPTER I

HE territory of Costa Rica, which hes between the 8th and 11th parallels of north latitude, constitutes a small section of Central America, a vast geographical entity, peculiarly distinguished for its geological character, having its beginning in the Isthmus of Tehuantepec and ending in the Isthmus of Panama. Its area is estimated at fifty thousand square kilometers, bounded on the north by Nicaragua, on the south by Panama, on the northeast by the Caribbean Sea, and on the southeast by the Pacific Ocean. On the Pacific coast are the Gulfs of Dulce and Nicoya, the latter of which enjoys the reputation of being one of the most beautiful spots in the world.

The country is so mountainous that in only two regions are level plains of any considerable ex-


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 HISTORY OF THE

DISCOVERY AND CONQUEST OF COSTA RICA

BY

RICARDO FERNÁNDEZ GUARDIA

EX-MINISTER or FOREIGN AFFAIRS AND PUBLIC INSTRUCTION OF

COSTA RICA; CORRESPONDING MEMBER OF THE SPANISH

ROYAL ACADEMIES OF LANGUAGE AND OF HISTORY

TRANSLATED BY

HARRY WESTON VAN DYKE

TRANSLATOR OP PAREDES' "STUDY OF THE QUESTION OP BOUND-

ARIES BETWEEN PERU AND ECUADOR;" AUTHOR OF

"THROUGH SOUTH AMERICA"

NEW YORK

THOMAS Y. CROWELL COMPANY

PUBLISHERS


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 The practice after Menking, Petitioner

[26] The present defender, Lyon Morrow, was appointed by Letters Patent dated 7 January 2014, following the retirement of Lyon Sellar. The defender considered a petition dated 21 August 2014 from George David Menking. He subsequently issued a note dated 30 April 2015 (reported at 2015 SLT (Lyon Ct) 21 ("Menking")) in respect of his application. (Parenthetically, it should be noted that not every issuance from the Lyon Court is a judicial decision. In his note of argument the pursuer's senior counsel referred to Menking as if it were a judicial decision of the Lyon Court. As the defender's senior counsel helpfully explained, however, the Lyon Court may issue a policy and have it publicised in the law reports. Menking was one such example. At debate the pursuer's counsel departed from this part of his note of argument.)

[27] In Menking the defender observed (at para 8), that "[in] the established recent practice the dignity of barony establishes for its owner jurisdiction to petition the Lord Lyon for a grant of Arms." At paragraphs 29 to 31, the defender also set out his practice in regard to the wording recording his jurisdiction which he would authorise for inclusion in the Letters Patent for a grant of arms in the case of feudal or any other dignities. That text made clear that the wording recognising jurisdiction would not include the words "Baron of [the barony]" or "Baron of [X]". Rather, it would refer to the relevant deed of assignation of the relevant barony, by which the petitioner was brought within the jurisdiction of the Lord Lyon to make a new grant of arms. In relation to the grant of arms, Menking provided first (at paragraph 5), that as long as the present custodian of the Scottish Barony Register was "a person of skill", the defender would accept the custodian's report as evidence that the petitioner is owner of a barony and entitled to the dignity thereof. Second, having


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 referred (at paragraph 29 of Menking) to the previous wording of recognition, the defender set out (at paragraph 30) the wording that he proposed to adopt both in reference to Mr Menking's application and with all future petitions involving feudal and other dignities, namely:

"By Deed of Assignation recorded in the Scottish Barony Register, the Petitioner holds the [Lordship and Regality of the Garioch] being of the genus of barony, which ownership brings the Petitioner within the jurisdiction of the Lord Lyon, King of Arms." (Emphasis added.)

The wording in square brackets will vary according to the nature and title of the barony in question.

[28] Other examples of this policy in action were produced to the Court. (See, eg the Letters Patent relating to Tamara Viktorovna Ettinger, as holder of the barony of Cramond (dated 24 February 2018) and to Bradley Paul Johnson, as holder of the baronies of Hallyards, or Lochmaben and of Kintrye, dated 27 August 2018.) In each case, by reference to the relevant deed of assignation recorded in the Scottish Barony Register, the Letters Patent stated that:

"the Petitioner, prima facie, holds the [Barony of X / Lordship of X]".

The defender noted that these changes did not prompt any challenge by the pursuer or the firm at the time.

The Disputed Wording articulated in October 2017

[29] By letter dated 23 October 2017, the defender advised the pursuer's agents that with effect from 1 January 2018 (ie providing about nine weeks' notice) any application based on ownership of a barony will no longer make reference to the deed of assignation transferring the barony. As a consequence, there would no longer be any express statement in the


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 However, as I ate more and more, my spirit arose within me, and I thought of what my father had been, and how he had told me a hundred times never to be a coward. And then I grew warm, and my little heart was ashamed of its pit-a-patting, and I said to myself, "now if father looks, he shall see that I obey him." So I put the bag round my neck again, and buckled my breeches far up from the knee, expecting deeper water, and crossing the Lynn, went stoutly up under the branches which hang so dark on the Bagworthy river.

I found it strongly over-woven, turned, and torn with thicket-wood, but not so rocky as the Lynn, and more inclined to go evenly. There were bars of chafed stakes stretched from the sides half-way across the current, and light outriders of pithy weed, and blades of last year's water-grass trembling in the quiet places, like a spider's threads, on the transparent stillness, with a tint of olive moving it. And here and there the sun came in, as if his light was sifted, making dance upon the waves, and shadowing the pebbles.

Here, although affrighted often by the deep, dark places, and feeling that every step I took might never be taken backward, on the whole I had very comely sport of loaches, trout, and minnows, forking some, and tickling some, and driving others to shallow nooks, whence I could bail them ashore. Now, if you have ever been fishing, you will not wonder that I was led on, forgetting all about danger, and taking no heed of


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 silence had again marked itself, as if he had seen a vulgar bribe fall flat; and he was equally aware that what he next said deepened this appearance. "Of course there's nothing of that sort that can mean much to you to-day. You've seen everything again and again."

"Oh," she answered at last, "I've seen a great deal. But not what you will. You'll know so much better how. You've work cut out, but you're to be envied."

He put out his hand to her. "Good-bye—till next year."

For a moment she kept it. "Why do you talk so foolishly?"

"I say nothing more foolish than that I shall by that time see you again."

At this she slowly released him. "Of course it will be comparatively easy for you, but it won't really be worth your while to come back to spite me."

"I shall come back," said Ralph, "because I shall want to."

She had another of those weighted headshakes which, as if determined less from within than from without, suggested the perfect working of her beauty rather than that of her thought. "No—it's there that you're wrong and that I'm so right. I'm not such an idiot as not to know that there will always be a steamer and that you can always pay your passage. When I said that if you go 31


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 you'll never come back I meant that you'll never wish to. Of course you can come back without wishing as much as you like. But that," she blandly remarked, "won't do for me."

"How well you know what I wish," he exhaled, "and how much every way you know about everything!"

"Well," she patiently replied before he had time finally to leave her, "it's not wholly my fault if an expression you once used to me has much worked in me. I remembered it as soon as I saw you to-day, and it would have made a folly of my talking to you of my conditions if I had done that with any other practical view than to call your attention to our impossibilities. You used it on one occasion when I was last at home in a way that has made me never forget it."

Ralph wondered. "I've used doubtless plenty of expressions and in plenty of absurd ways. But what in the world was this one?"

She brought it responsibly out. "'The sense of the past'."

He wondered still more. "Is that all?"

"You said it was the thing in life you desired most to arrive at, and that wherever you had found it—even where it was supposed to be most vivid and inspired—it had struck you as deplorably lacking intensity. At the intensity required, as you said, by any proper respect for itself, you proposed if possible yourself to arrive—art, 32


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LONDON: ALFRED W. BENNET, 5, BISHOPGATE WITHOUT.

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 research, curiosity, passion, the historic passion, as you called it, helping you. From that moment," she went on, "I saw. The sense of the past is your sense."

He attended with a cold eye. "I haven't an idea what trash I may have talked."

"Don't be dishonest," she returned after a moment.

It brought, almost as a blow, a flush to his cheek. "Dishonest?"

"Don't deny yourself. Don't deny your ambition. Don't deny your genius."

He looked at her over it strangely, and then as if light had really broken, "Are those things what you hate me for?" he almost gasped.

"Live up to them," she returned as if she had not heard him. "You won't do anything else." She said it with a shortness that was almost stern, and he felt, detestably, as if she had but one moment instructed and at the other derided him. "Isn't that moreover quite the lesson of the chance, the one you just mentioned, of what you may come in for? Isn't an old property for you the very finger of fortune, the very 'lead' of providence? Profit for heaven's sake by your old property. It will open your eyes." She went on with widened looks which so further ennobled her face that they held him by themselves, standing out as he did from any truth in them. "That's what your little book itself says—your little book 33


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Author:Harry Weston Van Dyke

Works

 * Through South America (1912)
 * Application for membership papers of Harry Weston Van Dyke, ca. 1591-1956 (text)

Works as translator

 * History of the discovery and conquest of Costa Rica by Ricardo Fernández Guardia, 1913

title: Author:Harry Weston Van Dyke


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 [ Appointment of new Trustees.

41.—(1) The court may, whenever it is expedient to appoint a new trustee or new trustees, and it is found inexpedient difficult or impracticable so to do without the assistance of the court, make an order appointing a new trustee or new trustees either in substitution for or in addition to any existing trustee or trustees, or although there is no existing trustee.

In particular and without prejudice to the generality of the foregoing provision, the court may make an order appointing a new trustee in substitution for a trustee who is convicted of felony, or is a lunatic or a defective, or is a bankrupt, or is a corporation which is in liquidation or has been dissolved.

(2) The power conferred by this section may, in the case of a deed of arrangement within the meaning of the Deeds of Arrangement Act, 1914, be exercised either by the High Court or by the court having jurisdiction in bankruptcy in the district in which the debtor resided or carried on business at the date of the execution of the deed.

(3) An order under this section, and any consequential vesting order or conveyance, shall not operate further or otherwise as a discharge to any former or continuing trustee than an appointment of new trustees under any power for that purpose contained in any instrument would have operated.

(4) Nothing in this section gives power to appoint an executor or administrator.

42. Where the court appoints a corporation, other than the Public Trustee, to be a trustee either solely or jointly with another person, the court may authorise the corporation to charge such remuneration for its services as trustee as the court may think fit.

43. Every trustee appointed by a court of competent jurisdiction shall, as well before as after the trust property becomes by law, or by assurance, or otherwise, vested in him, have the same powers, authorities, and discretions,

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 that's so wonderful for a man uninitiated; by which I venture to mean, you see, a man untravelled. It's àpropos of what you call the 'backward vision.' and I could immediately find the page. 'There are particular places where things have happened, places enclosed and ordered and subject to the continuity of life mostly, that seem to put us into communication, and the spell is sometimes made to work by the imposition of hands, if it be patient enough, on an old object or an old surface.' It's very wonderful, you know, your having arrived at that, your having guessed it, in this place, which denies the old at every turn and contains so few such objects or surfaces." So she continued to comment. "I hope your old house will contain plenty of them."

Her quotation of this twaddle, as it struck him, from his small uninformed Essay, for which he now blushed, completed his disarray. Half a dozen things rose to his lips and stopped, but the bitterest got uttered. "What's most extraordinary is that illusion I was under about your own type. I had taken it," he explained, "as so beautifully suggestive."

"Suggestive of what?" his hostess asked.

He looked at her without meeting this and as for the last time. "And again it's all there. You would help me more than anyone. I feel it," he continued with his eyes on her face, "really not as a mistake. Essentially—well, you're one of them." 34


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 [15 and may in all respects act as if he had been originally appointed a trustee by the instrument, if any, creating the trust. Vesting Orders.

44. In any of the following cases, namely:—
 * (i) Where the court appoints or has appointed a trustee, or where a trustee has been appointed out of court under any statutory or express power;
 * (ii) Where a trustee entitled to or possessed of any land or interest therein, whether by way of mortgage or otherwise, or entitled to a contingent right therein, either solely or jointly with any other person—
 * (a) is under disability; or
 * (b) is out of the jurisdiction of the High Court; or
 * (c) cannot be found, or, being a corporation, has been dissolved;
 * (iii) Where it is uncertain who was the survivor of two or more trustees jointly entitled to or possessed of any interest in land;
 * (iv) Where it is uncertain whether the last trustee known to have been entitled to or possessed of any interest in land is living or dead;
 * (v) Where there is no personal representative of a deceased trustee who was entitled to or possessed of any interest in land, or where it is uncertain who is the personal representative of a deceased trustee who was entitled to or possessed of any interest in land;
 * (vi) Where a trustee jointly or solely entitled to or possessed of any interest in land, or entitled to a contingent right therein, has been required, by or on behalf of a person entitled to require a conveyance of the land or interest or a release of the right, to convey the land or interest or to release the right, and has wilfully refused or neglected to convey the land

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 "One of whom?"

"The women. The women. Good-bye," he said again and offering his hand as if their queer chasm had been bridged by this intensity of the personal question. It was as if he took something that she couldn't help giving, and what he took made him after an instant break out: "It will be you—I'll be hanged!—who will come."

But she was so firm and finished and high withal that even the ring of perception in this, or at least the rush of confidence, failed to make her wince. It only made her think to the very end of her goodnature. "I'll tell you what I'll do—if I can trust to your honour."

"You can trust to my honour," Pendrel said.

"Very well then, I promise you that if I find I want to—for that's the point—I'll loyally, bravely, and at whatever cost this time to my vanity, go back."

Pendrel weighed it. "Isn't there a danger that you'll take care not to find you want to?"

"Certainly a danger. I can do anything rather than want to. Anything, that is—I again promise you—short of marrying to save myself. It will take a miracle to move me, but if I am moved—moved from within and by something now incalculable—you may count on me. That," Aurora said, "is the meaning of my talking of my honour."

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 [ : or interest or release the right for twenty-eight days after the date of the requirement;
 * (vii) Where land or any interest therein is vested in a trustee whether by way of mortgage or otherwise, and it appears to the court to be expedient;

the court may make an order (in this Act called a vesting order) vesting the land or interest therein in any such person in any such manner and for any such estate or interest as the court may direct, or releasing or disposing of the contingent right to such person as the court may direct:

Provided that—
 * (a) Where the order is consequential on the appointment of a trustee the land or interest therein shall be vested for such estate as the court may direct in the persons who on the appointment are the trustees; and
 * (b) Where the order relates to a trustee entitled or formerly entitled jointly with another person, and such trustee is under disability or out of the jurisdiction of the High Court or cannot be found, or being a corporation has been dissolved, the land interest or right shall be, vested in such other person who remains entitled, either alone or with any other person the court may appoint,

45. Where any interest in land is subject to a contingent right in an unborn person or class of unborn persons who, on coming into existence would, in respect thereof, become entitled to or possessed of that interest on any trust, the court may make an order releasing the land or interest therein from the contingent right, or may make an order vesting in any person the estate or interest to or of which the unborn person or class of unborn persons would, on coming into existence, be entitled or possessed in the land.

46. Where any person entitled to or possessed of any interest in land, or entitled to a contingent right in land, by way of security for money, is an infant, the

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 "Why, that I take in the same way my chance of yours." She paused—he must understand.

This took him indeed no great time. "You'll have me if I do come?"

She hesitated again but an instant. "If you come on your honour. If you come!" But it was as if she couldn't put it.

He tried to help her. "Without regret?"

Ah this wasn't good enough. "If you come with desire."

Ralph stared. "How in the world can I come without it if I come for you?"

She used again her large ease. "That won't help you if you're loyal."

"Loyal?" he wondered.

"To the real truth. To your genius."

"Oh I'll take care of my genius!"

"You will," she presently returned, "if you remember well this: that if you do rejoin me you engage to me to stay."

"Very good—I shall remember it well."

"Good-bye then," said Aurora Coyne.

She saw him to the door, where he paused for a last light. "Does that mean you hold you're safe?"

"It means that I hold you are," she answered as she turned away. 36


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 [15 court may make an order vesting or releasing or disposing of the interest in the land or the right in like manner as in the case of a trustee under disability.

47. Where any court gives a judgment or makes an order directing the sale or mortgage of any land, order every person who is entitled to or possessed of any interest in the land, or entitled to a contingent right therein, and is a party to the action or proceeding in which the judgment or order is given or made or is otherwise bound by the judgment or order, shall be deemed to be so entitled or possessed, as the case may be, as a trustee for the purposes of this Act, and the court may, if it thinks expedient, make an order vesting the land or any part thereof for such estate or interest as that court thinks fit in the purchaser or mortgagee or in any other person:

Provided that, in the case of a legal mortgage, the estate to be vested in the mortgagee shall be a term of years absolute.

48. Where a judgment is given for the specific performance of a contract concerning any interest in fand, or for sale or exchange of any interest in land, or generally where any judgment is given for the conveyance of any interest in land either in cases arising out of the doctrine of election or otherwise, the court may declare—
 * (a) that any of the parties to the action are trustees of any interest in the land or any part thereof within the meaning of this Act; or
 * (b) that the interests of unborn persons who might claim under any party to the action, or under the will or voluntary settlement of any deceased person who was during his lifetime a party to the contract or transaction concerning which the judgment is given, are the interests of persons who, on coming into existence, would be trustees within the meaning of this Act;

and thereupon the court may make a vesting order relating to the rights of those persons, born and unborn, as if they had been trustees.

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 [ 49. A vesting order under any of the foregoing provisions shall in the case of a vesting order consequential on the appointment of of a trustee, have the same effect—
 * (a) as if the persons who before the appointment were the trustees, if any, had duly executed all proper conveyances of the land for such estate or interest as the court directs; or
 * (b) if there is no such person, or no such person of full capacity, as if such person had existed and been of full capacity and had duly executed all proper conveyances of the land for such estate or interest as the court directs;

and shall in every other case have the same effect as if the trustee or other person or description or class of persons to whose rights or supposed rights the said provisions respectively relate had been an ascertained and existing person of full capacity, and had executed a conveyance or release to the effect intended by the order.

50. In all cases where a vesting order can be made under any of the foregoing provisions, the court may, if it is more convenient, appoint a person to convey the land or any interest therein or release the contingent right, and a conveyance or release by that person in conformity with the order shall have the same effect as an order under the appropriate provision.

51.—(1) In any of the following cases, namely:—
 * (i) Where the court appoints or has appointed a trustee, or where a trustee has been appointed out of court under any statutory or express power;
 * (ii) Where a trustee entitled, whether by way of mortgage or otherwise, alone or jointly with another person to stock or to a thing in action—
 * (a) is under disability; or
 * (b) is out of the jurisdiction of the High Court; or
 * (c) cannot be found, or, being a corporation, has been dissolved; or

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 [15 ::(d) neglects or refuses to transfer stock or receive the dividends or income thereof, or to sue for or recover a thing in action, according to the direction of the person absolutely entitled thereto for twenty-eight days next after a request in writing has been made to him by the person so entitled; or
 * (e) neglects or refuses to transfer stock or receive the dividends or income thereof, or to sue for or recover a thing in action for twenty-eight days next after an order of the court for that purpose has been served on him;
 * (iii) Where it is uncertain whether a trustee entitled alone or jointly with another person to stock or to a thing in action is alive or dead;
 * (iv) Where stock is standing in the name of a deceased person whose personal representative is under disability;
 * (v) Where stock or a thing in action is vested in a trustee whether by way of mortgage or otherwise and it appears to the court to be expedient;

the court may make an order vesting the right to transfer or call for a transfer of stock, or to receive the dividends or income thereof, or to sue for or recover the thing in action, in any such person as the court may appoint:

Provided that—
 * (a) Where the order is consequential on the appointment of a trustee, the right shall be vested in the persons who, on the appointment, are the trustees; and
 * (b) Where the person whose right is dealt with by the order was entitled jointly with another person, the right shall be vested in that last-mentioned person either alone or jointly with any other person whom the court may appoint.

(2) In all cases where a vesting order can be made under this section, the court may, if it is more convenient, appoint some proper person to make or join in making the transfer:

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 [ Provided that the person appointed to make or join in making a transfer of stock shall be some proper officer of the bank, or the company or society whose stock is to be transferred.

(3) The person in whom the right to transfer or call for the transfer of any stock is vested by an order of the court under this Act, may transfer the stock to himself or any other person, according to the order, and the Bank of England and all other companies shall obey every order under this section according to its tenor.

(4) After notice in writing of an order under this section it shall not be lawful for the Bank of England or any other company to transfer any stock to which the order relates or to pay any dividends thereon except in accordance with the order.

(5) The court may make declarations and give directions concerning the manner in which the right to transfer any stock or thing in action vested under the provisions of this Act is to be exercised.

(6) The provisions of this Act as to vesting orders shall apply to shares in ships registered under the Acts relating to merchant shipping as if they were stock.

52. The powers conferred by this Act as to vesting orders may be exercised for vesting any interest in land, stock, or thing in action in any trustee of a charity or society over which the court would have jurisdiction upon action duly instituted, whether the appointment of the trustee was made by instrument under a power or by the court under its general or statutory jurisdiction.

53. Where an infant is beneficially entitled to any property the court may, with a view to the application of the capital or income thereof for the maintenance, education, or benefit of the infant, make an order—
 * (a) appointing a person to convey such property; or
 * (b) in the case of stock, or a thing in action, vesting in any person the right to transfer or call for a transfer of such stock, or to receive the dividends or income thereof, or to sue for and recover such thing in action, upon such terms as the court may think fit.

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 [15 54. Where the High Court has power under this Part of this Act to make orders in relation to lunatics and defectives who are trustees, the Judge or Master in Lunacy shall, save as provided in this section, have no power to make such an order:

Provided that where—
 * (a) a lunatic or defective has become a trustee of mortgaged property merely by reason of the mortgage having been paid off;
 * (b) an order in lunacy is made authorising the exercise of a power to appoint a trustee;
 * (c) an order in lunacy is made for giving effect to a contract made before the lunatic or defective was under disability;
 * (d) a lunatic or defective is beneficially entitled to some interest in the property but holds the property or some interest therein under an express, implied or constructive trust;

the High Court and the Judge or shall, in accordance with rules to be made by the Lord Chancellor, have concurrent jurisdiction.

55. Where a vesting order is made as to any land under this Act or under the Lunacy Act, 1890, as amended by any subsequent enactment, or under any Act relating to lunacy in Northern Ireland, founded on an allegation of any of the following matters namely—
 * (a) the personal incapacity of a trustee or mortgagee; or
 * (b) that a trustee or mortgagee or the personal representative of or other person deriving title under a trustee or mortgagee is out of the jurisdiction of the High Court or cannot be found, or being a corporation has been dissolved; or
 * (c) that it is uncertain which of two or more trustees, or which of two or more persons interested in a mortgage, was the survivor; or
 * (d) that it is uncertain whether the last trustee or the personal representative of or other person deriving title under a trustee or mortgagee, or the last surviving person interested in a mortgage is living or dead; or

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 [ :(e) that any trustee or mortgagee has died intestate without leaving a person beneficially interested under the intestacy or has died and it is not known who is his personal representative or the person interested; the fact that the order has been so made shall be conclusive evidence of the matter so alleged in any court upon any question as to the validity of the order; but this section does not prevent the court from directing a reconveyance or surrender or the payment of costs occasioned by any such order if improperly obtained.

56. The powers of the court to make vesting orders under this Act shall extend to all property in any part of His Majesty’s dominions except Scotland. Jurisdiction to make other Orders.

57.—(1) Where in the management or administration of any property vested in trustees, any sale, lease, mortgage, surrender, release, or other disposition, or any purchase, investment, acquisition, expenditure, or other transaction, is in the opinion of the court expedient, but the same cannot be effected by reason of the absence of any power for that purpose vested in the trustees by the trust instrument, if any, or by law, the court may by order confer upon the trustees, either generally or in any particular instance, the necessary power for the purpose, on such terms, and subject to such provisions and conditions, if any, as the court may think fit and may direct in what manner any money authorised to be expended, and the costs of any transaction, are to be paid or borne as between capital and income.

(2) The court may, from time to time, rescind or vary any order made under this section, or may make any new or further order.

(3) An application to the court under this section may be made by the trustees, or by any of them, or by any person beneficially interested under the trust.

(4) This section does not apply to trustees of a settlement for the purposes of the Settled Land Act, 1925.

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 [15 58.—(1) An order under this Act for the appointment of a new trustee or concerning any interest in land, stock, or thing in action subject to a trust, may be made on the application of any person beneficially interested in the land, stock, or thing in action, whether under disability or not, or on the application of any person duly appointed trustee thereof.

(2) An order under this Act concerning any interest in land, stock, or thing in action subject to a mortgage may be made on the application of any person beneficially interested in the equity of redemption, whether under disability or not, or of any person interested in the money secured by the mortgage.

59. Where in any action the court is satisfied that diligent search has been made for any person who, in the character of trustee, is made a defendant in any action, to serve him with a process of the court, and that he cannot be found, the court may hear and determine the action and give judgment therein against that person in his character of a trustee as if he had been duly served, or had entered an appearance in the action, and had also appeared by his counsel and solicitor at the hearing, but without prejudice to any interest he may have in the matters in question in the action in any other character.

60. The court may order the costs and expenses of and incident to any application for an order appointing a new trustee, or for a vesting order, or of and incident to any such order, or any conveyance or transfer in pursuance thereof, to be raised and paid out of the property in respect whereof the same is made, or out of the income thereof, or to be borne and paid in such manner and by such persons as to the court may seem just.

61. If it appears to the court that a trustee, whether appointed by the court or otherwise, is or may be personally liable for any breach of trust, whether the transaction alleged to be a breach of trust occurred before or after the commencement of this Act, but has acted honestly and reasonably, and ought fairly to be excused for the breach of trust and for omitting to obtain the directions of the court in the matter in which he committed such breach, then the court may relieve him

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 [ either wholly or partly from personal liability for the same.

62.—(1) Where a trustee commits a breach of trust at the instigation or request or with the consent in writing of a beneficiary, the court may, if it thinks fit, and notwithstanding that the beneficiary may be a married woman restrained from anticipation, make such order as to the court seems just, for impounding all or any part of the interest of the beneficiary in the trust estate by way of indemnity to the trustee or persons claiming through him.

(2) This section applies to breaches of trust committed as well before as after the commencement of this Act. Payment into Court.

63.—(1) Trustees, or the majority of trustees, having in their hands or under their control money or securities belonging to a trust, may pay the same into court; and the same shall, subject to rules of court, be dealt with according to the orders of the court.

(2) The receipt or certificate of the proper officer shall be a sufficient discharge to trustees for the money or securities so paid into court.

(3) Where money or securities are vested in any persons as trustees, and the majority are desirous of paying the same into court, but the concurrence of the other or others cannot be obtained, the court may order the payment into court to be made by the majority without the concurrence of the other or others.

(4) Where any such money or securities are deposited with any banker, broker, or other depositary, the court may order payment or delivery of the money or securities to the majority of the trustees for the purpose of payment into court.

(5) Every transfer payment and delivery made in pursuance of any such order shall be valid and take effect as if the same had been made on the authority or by the act of all the persons entitled to the money and securities so transferred, paid, or delivered.

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12 features of the country, of which he then gives a correct map for the information of mankind. This has been done by Celsus. Possessing such general science and profound learning, he was qualificd to survey, and to mark the precise limits to which human knowledge had arrived in certain arts; and of the state of Surgery down to his day, he has given us a map, upon a very small scale, it is true, which is as much to be admired for its correctness, as for the elegant manner in which it is executed.

Here terminates the short notice of the first great zera in the history of our Art.

From whence shall the commencement of the second be dated? The answer to this ques- tion must be the avowal of a truth, the most degrading and humiliating to mankind that is �


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Rh God, might have been of ill consequence; for quarrels about religion, for want of wisdom and love, often prove the most fierce and most difficult to be taken up. But these contending parties, when the matter was fairly stated and argued, were so happy as to understand one another very well, and so the difference was presently compromised.

1. The ambassadors were exceedingly pleased, when the separate tribes had given in a protestation of the innocency of their intentions in building this altar. (1.) The ambassadors did not call in question their sincerity in that protestation, did not say, "You tell us you design it not for sacrifice and offering, but who can believe you? What security will you give us that it shall never be so used? No, charity believes all things, hopes all things, believes and hopes the best, and is very loath to give the lie to any.

(2.) They did not upbraid them with the rashness and unadvisedness of this action; did not tell them, "If you would do such a thing, and with this good intention, yet you might have had that respect for Joshua and Eleazar, as to have advised with them, or at least have made them acquainted with it, and so have saved the trouble and expense of this embassy." But a little want of consideration and good manners should be excused and overlooked in those who, we have reason to think, mean honestly. (3.) Much less did they go about to fish for evidence to make out their charge, because they had once exhibited it, but were glad to have their mistake rectified, and were not at all ashamed to own it. Proud and peevish spirits, when they have past an unjust censure upon their brethren, though never so much convincing evidence be brought of the injustice of it, will stand to it, and can by no means be persuaded to retract it. These ambassadors were not so prejudiced; their brethren's vindication pleased them, v. 30. They looked upon their innocency as a token of God's presence, v. 31. especially when they found what was done, was so far from being an indication of their growing cool to the altar of God, that, on the contrary, it was a fruit of their zealous affection to it; Ye have delivered the children of Israel out of the hand of the Lord, that is, "You have not, as we feared, delivered them into the hand of the Lord, or exposed them to his judgments, by the trespass we were jealous of."

2. The congregation was abundantly satisfied, when their ambassadors reported to them their brethren's apology for what they had done. It should seem, they staid together, at least by their representatives, until they heard the issue, v. 32. And when they understood the truth of the matter, it pleased them, v. 33. and they blessed God. Note, Our brethren's constancy in religion, their zeal for the power of godliness, and their keeping the unity of the Spirit in faith and love, notwithstanding the jealousies conceived of them as breaking the unity of the church, are things which we should be very glad to be satisfied of, and should make the matter both of our rejoicing and of our thanksgiving; let God have the glory of it, and let us take the comfort of it. Being thus satisfied, they laid down their arms immediately, and were so far from any thoughts of prosecuting the war they had been meditating against their brethren, that we may suppose them wishing for the next feast, when they should meet them at Shiloh.

3. The separate tribes were gratified, and since they had a mind to preserve among them this pattern of the altar of God, though there was not likely to be that occasion for it which they fancied, yet Joshua and the princes let them have their humour, and did not give orders for the demolishing of it, though there was as much reason to fear that it might in process of time be an occasion of idolatry, as there was to hope that ever it might be a preservation foom idolatry. Thus did the strong bear the infirmities ofthe weak. Only, care was taken that they having explained the meaning of their altar, that it was intended for no more than a testimony of their communion with the altar at Shiloh, this explanation should be recorded, which was done according to the usage of those times, by giving a name to it, signifying so much, v. 34. they called it Ed, a witness, to that and no more. A witness of the relation they stood in to God and Israel, and of their concurrence with the rest of the tribes in the same common faith, that Jehovah he is God, he and no other. It was a witness to posterity of their care to transmit their religion pure and entire to them, and would be a witness against them if ever they should forsake God, and turn from following after him.

CHAP. XXIII. In this and the following chapter we have two farewell sermons, which Joshua preached to the people of Israel a little before his death. Had he designed to gratify the curiosity of succeeding ages, he would rather have recorded the method of Israel's settlement in their new conquests, their husbandry, manufactures, trade, customs, courts of justice, and the constitutions of their infant commonwealth, which one would wish to be informed of; but that which he intended in the registers of this book, was, to entail on posterity a sense of religion and their duty to God; and therefore, overlooking these things which are the usual subjects of a common history, he here transmits to his reader the methods he took to persuade Israel to be faithful to their covenant with their God, which might have a good influence on the generations to come who should read those reasonings, as we may hope they had on that generation which then heard them. In this chapter we have, I. A convention of the states called, v. 1, 2. probably to consult about the common concerns of their land, and to set in order that which, after some years' trial, being left to their prudence, was found wanting. II. Joshua's speech to them at the opening, or perhaps, at the concluding, of the sessions, to hear which was the principal design of their coming together. In it, 1. Joshua reminds them of what God had done for them, v. 3, 4, 9, 14. and what he was ready to do yet further, v. 5, 10. 2. He exhorts them carefully and resolutely to persevere in their duty to God, v. 6, 8. 11. III.3. - compare 1758 edition [sic] He cautions them against all familiarity with their idolatrous inmates, v. 7. IV.4. - compare 1758 edition [sic] He gives them fair warning of the fatal consequences of it, if they should revolt from God and turn to idols, v. 12, 13, 15, 16. In all which he showed himself zealous for his God, and jealous over Israel with a godly jealousy.

ND it came to pass, a long time after that the had given rest unto Israel from all their enemies round about, that Joshua waxed old and stricken in age. 2. And Joshua called for all Israel, and for their elders, and for their heads, and for their judges, and for their officers, and said unto them, I am old and stricken in age: 3. And ye have seen all that the your God hath done unto all these nations because of you: for the  your God is he that hath fought for you. 4. Behold, I have divided unto you by lot these nations that remain, to be an inheritance for your tribes, from Jordan, with all the nations that I have cut off, even unto the great sea westward. 5. And the your God, he shall expel them from before you, and drive them from out of your sight; and ye shall possess their land, as the  your God hath promised unto you. 6. Be ye


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8

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Rh it appears to me, that extensive neutral ground, the proportion, that is, of manners and sentiments which are common to us and to our ancestors, which have been handed down unaltered from them to us, or which, arising out of the principles of our common nature, must have existed alike in either state of society. In this manner, a man of talent, and of great antiquarian erudition, limited the popularity of his work, by excluding from it every thing which was not sufficiently obsolete to be altogether forgotten and unintelligible.

The licence which I would here vindicate, is so necessary to the execution of my plan, that I will crave your patience while I illustrate my argument a little farther.

He who first opens Chaucer, or any other ancient poet, is so much struck with

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 THE

HUNTERIAN ORATION.

GENTLEMEN,

‘Tue return of this day affords us another opportunity of testifying our acknowledgment of the merits, and our sense of the services rendered to Chirurgical Science, by men of genius and worth.

In the performance of this very pleasing duty, we pay the debt of gratitude to great men who lived in distant ages of the world; and, at the same time, take a useful retrospect


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 '

'

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 TO MRS. HUNTER.

Madam,

Waarever tends to excite inquiry into the works of Nature, must equally serve to advance human knowledge and the good of mankind.

Strongly impressed with this truth, the late Mr. Munrer prosecuted with an ardour and success, hitherto unknown, his inquiries into the structure, the modes of living, the state of perfect health, and the various deviations from it throughout the animal creation ; and thence deduced those inferences by which Surgical Science has, ina great degree, acquired its present eminence and preciston.

The gratitude of the living can never be better bestowed than ky holding up to imitation the examples of the illustrious Dead, to whose talents and labours future generations will be indebted.

This purpose is intended to be answered by the institution of the Hunrertay Oration,—and I trust that the sincerity of the sentiments expressed in the following Address, will be accepted by you as an apology for its defects.

I have the honour to be, With the greatest respect, Madam, Your most obedient servant, WILLIAM NORRIS.

Oid Jewry, 2 May, 1817. �


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Published, August, 1913.


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xx the obsolete spelling, multiplied consonants, and antiquated appearance of the language, that he is apt to lay the work down in despair, as encrusted too deep with the rust of antiquity, to permit his judging of its merits or tasting its beauties. But if some intelligent friend points out to him, that the difficulties by which he is startled are more in appearance than reality, if, by reading aloud to him, or by reducing the ordinary words to the modern orthography, he satisfies his proselyte that only about one-tenth part of the words employed are in fact obsolete, the novice may be easily persuaded to approach the "well of English undefiled," with the certainty that a slender degree of patience will enable him to enjoy both the humour and the pathos with which old Geoffrey delighted the age of Cressy and of Poictiers.

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text: Frenzied Fiction/The New Education

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Rh To pursue this a little farther, if our neophyte, strong in the new-born love of antiquity, were to undertake to imitate what he had learnt to admire, it must be allowed he would act very injudiciously, if he were to select from the Glossary the obsolete words which it contains, and employ those exclusively of all others. This was the error of the unfortunate Chatterton. In order to give his language the appearance of antiquity, he rejected every word that was modern, and produced a dialect entirely different from any that had ever been spoken in Great Britain. He who would imitate the ancient language with success, will attend rather to its grammatical character, turn of expression, and mode of arrangement, than labour to collect extraordinary and antiquated terms, which, as I have already averred, do not in ancient authors ap-

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xxii proach the number of words still in use, though perhaps somewhat altered in sense and spelling, in the proportion of one to ten.

What I have applied to language, is still more justly applicable to sentiments and manners. The passions, the sources from which these must spring in all their modifications, are generally the same in all ranks and conditions, all countries and ages; and it follows, as a matter of course, that the opinions, habits of thinking, and actions, however influenced by the peculiar state of society, must still, upon the whole, bear a strong resemblance to each other. Our ancestors were not more distinct from us, surely, than Jews are from Christians; they had "eyes, hands, organs, dimensions, senses, affections, passions;" were "fed with the same food, hurt with the same weapons, subject to the same

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Rh diseases, warmed and cooled by the same winter and summer" as ourselves. The tenor, therefore, of their affections and feelings, must have borne the same general proportion to our own.

It follows, therefore, that of the materials which he has to use in a romance, or fictitious composition, such as I have ventured to attempt, the author will find that a great proportion, both of language and manners, are as proper to the present time as to those in which he has laid his time of action. The freedom of choice which this allows him, is therefore much greater, and the difficulty of his task much more diminished, than at first appears. To take an illustration from a sister art, the antiquarian details may be said to represent the peculiar features of a landscape under delineation of the pencil. His feudal tower must arise in due majesty; the fi-

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PREEACE. xi book of reference for English students before the publication of Mr. Saunders’s Treatise, which, from its intrinsic evidence of a strong and original talent for observa- tion, leaves us to regretas a national calamity, the premature termination of his’ labors. Mr. Wardrop’s ingenious Essays on the Morbid Anatomy of the Eye, have since contributed to instruct and gratify the Profession. But the object is yet un- accomplished, and I can only flatter myself with having advanced a step or two nearer to its completion.

Jn Germany a merited share of attention has long been devoted to the discascs of the eye. The elaborate work of Professor Beer of Vienna, who has devoted « life to the subject, is said by those of our country- men who read the German language, and are competent to appreciate its merit, to evince a familiarity with these diseases— a comprehensiveness of arrangement—a depth and minutencss of observation—a promptitude and fidelity of diagnosis—un- attained in any other department of Patho- logy. Walther of Landshut, Schmidt of Vienna, Himly and Langenbeck of Got- �


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xxiv gures which he introduces must have the costume and character of their age; the piece must represent the peculiar features of the scene which he has chosen for his subject, with all its appropriate elevation of rock, or precipitate descent of cataract. His general colouring, too, must be copied from Nature: The sky must be clouded or serene, according to the climate, and the general tints must be those which prevail in a natural landscape. So far the painter is bound down by the rules of his art, to a precise imitation of the features of Nature; but it is not required that he should descend to copy all her more minute features, or represent with absolute exactness the very herbs, flowers, and trees, with which the spot is decorated. These, as well as all the more minute points of light and shadow, are attributes proper to scenery in

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Fig. 1, A plan of the muscular branches of the ophthalmic artery, from Soemmering. Icon. Ocul. Hum. Tab. 4ta.

Fig. 2. Simple acute inflammation of the conjunctiva. See page 91.

Fig. 3. A plan to shew the cicatrization of an ulcer of the cornea, whether pustular or interstitial, and communicating with the surface, by a fasciculus of vessels carrying red blood. See page 109.

Fig. 4. The state of strumous nebula with vessels in the form of radii overshooting the cornea. These are not continuous with, but distinct from the vessels of the conjunctiva, and beneath it. See page 110.

I have seen cases of the prolongation of these vessels even to the centre of the cornea, organizing the nebulous deposit, affecting both eyes of the same patient, and occasioning total opa- �


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Rh general, natural to each situation, and subject to the artist's disposal, as his taste or pleasure may dictate.

It is true, that this licence is confined in either case within legitimate bounds. The painter must introduce no ornament inconsistent with the climate or country of his landscape; he must not plant cypress trees upon Inch-Mervin, or Scottish firs among the ruins of Persepolis; and the author lies under a corresponding restraint. However far he may venture in a more full detail of passions and feelings, than is to be found in the ancient compositions which he imitates, he must introduce nothing inconsistent with the manners of the age; his knights, squires, grooms, and yeomen, may be more fully drawn than in the hard, dry delineations of an ancient illuminated manuscript, but the character and costume of the age must

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xxvi remain inviolate; they must be the same figures, drawn by a better pencil, or, to speak more modestly, executed in an age when the principles of art were better understood. His language must not be exclusively obsolete and unintelligible; but he should admit, if possible, no word or turn of phraseology betraying an origin directly modern. It is one thing to make use of the language and sentiments which are common to ourselves and our forefathers, and it is another to invest them with the sentiments and dialect exclusively proper to their descendants.

This, my dear friend, I have found the most difficult part of my task; and, to speak frankly, I hardly expect to satisfy your less partial judgment, and more extensive knowledge of such subjects, since I have hardly been able to please my own.

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Rh I am conscious that I shall be found still more faulty in the tone of keeping and costume, by those who may be disposed rigidly to examine my Tale, with reference to the manners of the exact period in which my actors flourished: It may be, that I have introduced little which can positively be termed modern; but, on the other hand, it is extremely probable that I may have confused the manners of two or three centuries, and introduced, during the reign of Richard the Second, circumstances appropriated to a period either considerably earlier, or a good deal later than that era. It is my comfort, that errors of this kind will escape the general class of readers, and that I may share in the ill-deserved applause of those architects, who, in their modern Gothic, do not hesitate to introduce, without rule or method, ornaments proper to

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xxviii different styles and to different periods of the art. Those whose extensive researches have given them the means of judging my backslidings with more severity, will probably be lenient in proportion to their knowledge of the difficulty of my task. My honest and neglected friend Ingulphus, has furnished me with many a valuable hint, but the light afforded by the Monk of Croydon, and Geoffrey de Vinsauff, is dimmed by such a conglomeration of uninteresting and unintelligible matter, that we gladly fly for relief to the delightful pages of the gallant Froissart, although he flourished at a period so much more remote from the date of my history. If, therefore, my dear friend, you have generosity enough to pardon the presumptuous attempt, to frame for myself a minstrel coronet, partly out of the pearls of pure antiquity, and partly from the Bris-

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 [15

64.—(1) All the powers and provisions contained in this Act with reference to the appointment of new trustees, and the discharge and retirement of trustees, apply to and include trustees for the purposes of the Settled Land Act, 1925, and trustees for the purpose of the management of land during a minority, whether such trustees are appointed by the court or by the settlement, or under provisions contained in any instrument.

(2) Where, either before or after the commencement of this Act, trustees of a settlement have been appointed by the court for the purposes of the Settled Land Acts, 1882 to 1890, or of the Settled Land Act, 1925, then, after the commencement of this Act—
 * (a) the person or persons nominated for the purpose of appointing new trustees by the instrument, if any, creating the settlement, though no trustees for the purposes of the said Acts were thereby appointed; or
 * (b) if there is no such person, or no such person able and willing to act, the surviving or continuing trustees or trustee for the time being for the purposes of the said Acts, or the personal representatives of the last surviving or continuing trustee for those purposes,

shall have the powers conferred by this Act to appoint new or additional trustees of the settlement for the purposes of the said Acts.

(3) Appointments of new trustees for the purposes of the said Acts made or expressed to be made before. the commencement of this Act by the trustees or trustee or personal representatives referred to in paragraph (b) of the last preceding subsection or by the persons referred to in paragraph (a) of that subsection are, without prejudice to any order of the court made before such commencement, hereby confirmed.

65. Property vested in any person on any trust or by way of mortgage shall not, in case of that person becoming a convict within the meaning of the Forfeiture

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 [ Act, 1870, vest in any such administrator as may be appointed under that Act, but shall remain in the trustee or mortgagee, or pass to his co-trustee in right of survivorship or devolve on his personal representative as if he had not become a convict:

Provided that this enactment shall not affect the title to the property so far as relates to any beneficial interest therein of any such trustee or mortgagee.

66. This Act, and every order purporting to be made under this Act, shall be a complete indemnity to the Bank of England, and to all persons for any acts done pursuant thereto, and it shall not be necessary for the Bank or for any person to inquire concerning the propriety of the order, or whether the court by which the order was made had jurisdiction to make it.

67.—(1) In this Act “the court” means the High Court, and also the Court of Chancery of the County Palatine of Lancaster or the Court of Chancery of the County Palatine of Durham, or the county court, where those courts respectively have jurisdiction.

(2) The procedure under this Act in palatine courts and county courts shall be in accordance with the Acts and rules regulating the procedure of those courts.

68. In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—
 * (1) “Authorised investments” mean investments authorised by the instrument, if any, creating the trust for the investment of money subject to the trust, or by law;
 * (2) “Contingent right” as applied to land includes a contingent or executory interest, a possibility coupled with an interest, whether the object of the gift or limitation of the interest, or possibility is or is not ascertained, also a right of entry, whether immediate or future, and whether vested or contingent;
 * (3) “Convey” and “conveyance” as applied to any person include the execution by that person of every necessary or suitable assurance (including

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Rh did not fairly begin to be realized before the eighteenth century. Until then only the clergy and the nobility took any interest in intellectual work. The nobility did earnest, praiseworthy work in the pursuit of culture, and assisted with marked liberality the students of science. There were many noblemen of fine culture, and among them were to be found men of profound learning. Thus in addition to Tyge Brahe, (1574-1642) deserves to be mentioned as an excellent theologian, well versed in Greek and Hebrew. After acquiring a vast amount of knowledge at the most celebrated German universities, he, belonging to one of the most distinguished families of the country, was naturally called into practical life, but his love of science was so strong that he finally resigned his place in the council of the realm and devoted himself exclusively to study. His religious views did not wholly accord with the orthodoxy then prevalent, and to avoid the censure of the theologians he published the most of his works abroad. Both his books and his extensive correspondence with scholars in Denmark and in foreign lands gave him the highest reputation for learning. Meanwhile he did not completely avoid a conflict with the strict Lutheran theologians, and he was at onetime in imminent danger. He continued to carry on a violent controversy with his adversaries until his death, and the fact that he was not prosecuted, was chiefly owing to the regard entertained for his noble rank. Noble ladies also occupied themselves successfully with literature and science, and (1610-1662), produced a translation of Seneca, which was very excellent for the time. The most remarkable authoress of that time was the unfortunate wife of Korfitz Ulfeldt, (1621-1698), a daughter of Christian IV, whose book "Jammersminde" is a simple and touching description of her long and severe sufferings in prison. It is one of the most charming and striking books in the whole field of Danish literature, and bears throughout the stamp of


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 [15 : an assent) for conveying, assigning, appointing, surrendering, or otherwise transferring or disposing of land whereof he is seised or possessed, or wherein he is entitled to a contingent right, either for his whole estate or for any less estate, together with the performance of all formalities required by law for the validity of the conveyance; “sale” includes an exchange;
 * (4) “Gazette” means the London Gazette;
 * (5) “Instrument” includes Act of Parliament;
 * (6) “Land” includes land of any tenure, and mines and minerals, whether or not severed from the surface, buildings or parts of buildings, whether the division is horizontal, vertical or made in any other way, and other corporeal hereditaments; also a manor, an advowson, and a rent and other incorporeal hereditaments, and an easement, right, privilege, or benefit in, over, or derived from land, but not an undivided share in land; and in this definition “mines and minerals” include any strata or seam of minerals or substances in or under any land, and powers of working and getting the same, but not an undivided share thereof; and "hereditaments" mean real property which under an intestacy occurring before the commencement of this Act might have devolved on an heir;
 * (7) “Mortgage” and “mortgagee” include a charge or chargee by way of legal mortgage, and relate to every estate and interest regarded in equity as merely a security for money, and every person deriving title under the original mortgagee;
 * (8) “Pay” and “payment” as applied in relation to stocks and securities and in connexion with the expression "into court" include the deposit or transfer of the same in or into court;
 * (9) “Personal representative” means the executor, original or by representation, or administrator for the time being of a deceased person;
 * (10) “Possession” includes receipt of rents and profits or the right to receive the same, if any;

Rh


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 [ : “income” includes rents and profits; and possessed applies to receipt of income of and to any vested estate less than a life interest in possession or in expectancy in any land;
 * (11) “Property” includes real and personal property, and any estate share and interest in any property, real or personal, and any debt, and any thing in action, and any other right or interest, whether in possession or not;
 * (12) “Rights” include estates and interests;
 * (13) “Securities” include stocks, funds, and shares; and so far as relates to payments into court has the same meaning as in the enactments relating to funds in the Supreme Court and “securities payable to bearer” include securities transferable by delivery or by delivery and endorsement;
 * (14) “Stock” includes fully paid up shares, and so far as relates to vesting orders made by the court under this Act, includes any fund, annuity, or security transferable in books kept by any company or society, or by instrument of transfer either alone or accompanied by other formalities, and any share or interest therein;
 * (15) “Tenant for life,” “statutory owner,” “settled land,” “settlement,” “trust instrument,” “trustees of the settlement,” “lunatic,” “defective,” “term of years absolute” and “vesting instrument” have the same meanings as in the Settled Land Act, 1925, and “entailed interest” has the same meaning as in the Law of Property Act, 1925;
 * (16) “Transfer” in relation to stock or securities, includes the performance and execution of every deed, power of attorney, act, and thing on the part of the transferor to effect and complete the title in the transferee;
 * (17) “Trust” does not include the duties incident to an estate conveyed by way of mortgage, but with this exception the expressions “trust” and “trustee” extend to implied and constructive trusts, and to cases where the trustee has a

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Rh elucidate this dark subject a little, we must cast a wider glance over the inhabitants of Italy.

Two nations are mentioned as dwelling in the earliest times to the north and south of Latium, one or both of whom seem to answer to the notion of Aborigines:—the and the. The Umbrians were regarded by the Romans as a truly primæval Italian race; who at one time held possession of all Lombardy and Tuscany, reaching perhaps into Latium. The Oscans, (in Greek, Opikes,) under various names,—Volscians, Ausones, Auruncans,—appear as a principal people of Southern Italy, who in historical times press from Campania northward into Latium. Their position on the peninsula, unless they cam by sea, would suggest that they must have entered it still earlier than the Umbrians. What are the relations of the Umbrian and the Oscan languages, has not been very satisfactorily settled, although documents of both remain to us. In the 2


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 [15 : beneficial interest in the trust property, and to the duties incident to the office of a personal representative, and “trustee” where the context admits, includes a personal representative, and “new trustee" includes an additional trustee;
 * (18) “Trust corporation” means the Public Trustee or a corporation either appointed by the court in any particular case to be a trustee, or entitled by rules made under subsection (3) of section four of the Public Trustee Act, 1906, to act as custodian trustee;
 * (19) “Trust for sale” in relation to land means an immediate binding trust for sale, whether or not exercisable at the request or with the consent of any person, and with or without power at discretion to postpone the sale; “trustees for sale” mean the persons (including a personal representative) holding land on trust for sale;
 * (20) “United Kingdom” means Great Britain and Northern Ireland.

69.—(1) This Act, except where otherwise expressly provided, applies to trusts including, so far as this Act applies thereto, executorships and administratorships constituted or created either before or after the commencement of this Act.

(2) The powers conferred by this Act on trustees are in addition to the powers conferred by the instrument, if any, creating the trust, but those powers, unless otherwise stated, apply if and so far only as a contrary intention is not expressed in the instrument, if any, creating the trust, and have effect subject to the terms of that instrument.

(3) This Act does not affect the legality or validity of anything done before the commencement of this Act, except as otherwise hereinbefore expressly provided, and except that the enactments mentioned in the First Schedule to this Act shall be deemed always to have had effect subject to the provisions set forth in that Schedule.

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