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 :(a) in the case of a charge on the Consolidated Fund of India, the court or Commission serves any of the separate needs of a State, or the person has served wholly or in part in connection with the affairs of a State; or
 * (b) in the case of a charge on the Consolidated Fund of a State, the court or Commission serves any of the separate needs of the Union or another State, or the person has served wholly or in part in connection with the affairs of the Union or another State,

there shall be charged on and paid out of the Consolidated Fund of the State or, as the case may be, the Consolidated Fund of India or the Consolidated Fund of the other State, such contribution in respect of the expenses or pension as may be agreed, or as may in default of agreement be determined by an arbitrator to be appointed by the Chief Justice of India.

['''290A. Annual payment to certain Devaswom Funds'''.—A sum of forty-six lakhs and fifty thousand rupees shall be charged on, and paid out of, the Consolidated Fund of the State of Kerala every year to the Travancore Devaswom Fund; and a sum of thirteen lakhs and fifty thousand rupees shall be charged on, and paid out of, the Consolidated Fund of the State of [Tamil Nadu] every year to the Devaswom Fund established in that State for the maintenance of Hindu temples and shrines in the territories transferred to that State on the 1st day of November, 1956, from the State of Travancore-Cochin.]

291. [Privy purse sums of Rulers.].–Omitted by the Constitution (Twenty-sixth Amendment) Act, 1971, s. 2 (w.e.f. 28-12-1971).

292. Borrowing by the Government of India.—The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of India within such limits, if any, as may from time to time be fixed by Parliament by law and to the giving of guarantees within such limits, if any, as may be so fixed.

293. Borrowing by States.—(1) Subject to the provisions of this article, the executive power of a State extends to borrowing within the territory of India upon the security of the Consolidated Fund of the State within such limits, if any, as may from time to time be fixed by the Legislature of such State by law and to the giving of guarantees within such limits, if any, as may be so fixed.

(2) The Government of India may, subject to such conditions as may be laid down by or under any law made by Parliament, make loans to any State or, so long as any limits fixed under article 292 are not exceeded, give guarantees in respect of loans raised by any State, and any sums required for the purpose of making such loans shall be charged on the Consolidated Fund of India.

(3) A State may not without the consent of the Government of India raise any loan if there is still outstanding any part of a loan which has been made to the State by the Government of India or by its predecessor Government, or in respect of which a guarantee has been given by the Government of India or by its predecessor Government.

(4) A consent under clause (3) may be granted subject to such conditions, if any, as the Government of India may think fit to impose.

294. Succession to property, assets, rights, liabilities and obligations in certain cases.—As from the commencement of this Constitution—


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Rh "Passed away? Where? How passed away?"

"Dead, Herr Professor."

The heart of Max Brendel, though it had ceased to beat for the woman who represented to him the empress-fancy of his soul, did not, in one single moment, throw off its burden. It was with the sorrow we all feel for those whom we shall never behold again that he looked upon the corpse of the Glass Queen. She had gone away forever into the unknown land whence she had come: she had died out of the artist's life — his one dream of genius was dead, which had led him into many joys and many sins, and there remained to him henceforth only the homely love of the mortal woman for the mortal man.

"And so ended," said Max Brendel when he first told Elsa the whole story, without gloss or reserve — "and so ended the dream of a charlatan."

She behoved every word — looking-glass and all. Had she not broken it with her own hands at the very hour when Max repented and the baroness died?

"And art thou happy — here in this quiet place, teaching and toiling? Dost thou never envy Adolf Meyer, in all his glory, and think how things might have been? Art thou quite happy, with only thy work and me?"

"Only with thee, Elsa? Only with all the universe!" said Max Brendel. "A short cut to glory, indeed! Thou mayst not believe in witchcraft, but that is the devil's road, all the same. I have more than all the glory I deserve. All comes at last to him who has courage, and hope, and truth, and —— "

"Patience!" said left-handed Elsa.

 From The Spectator.

two memoranda or confidential reports to the king just published by Prince Bismarck in the Reichsanzeiger have almost as much interest for the student of history as for the politician. It has always been believed that Prince Bismarck, like Richelieu, like Stein, like Marlborough, like Sir Robert Walpole, like, perhaps, most of the great statesmen of modern Europe, had always to maintain two equally difficult and simultaneous struggles, — one with external opponents, and one in the cabinet of his king. It is well known that the prince had the utmost difficulty in persuading his master into the war of 1866, into the dethronement of so many "legitimate" princes, into giving up Bohemia — which the king considered had twice been conquered by the Hohenzollems — and into the acceptance of the imperial crown. The king, on great occasions, has always yielded to the genius of his subject, but the struggle has often been severe, and Prince Bismarck, though always loyal, must have chafed fiercely from time to time under a restraint which, by keeping down his natural ύβρις and tendency to impulse, and by forcing him to think out every plan, has probably been one element in his success. He has stated at least once that "the conceit of kings is limitless;" he has confessed openly in Parliament that he detests the arrangement of the Prussian ministry, under which every minister deals directly with the sovereign, and the premier has no constitutional supervision over all; he has declared his resolve not to work under a similar system in Germany, and now he appears confessing that he has even in the empire a battle to fight over many details of his administration. He was in 1872 and 1873 chancellor of the empire and head of the foreign office, yet he sent in "reports" to the king, he himself being at Varzin, which are really complaints that he could not remove an ambassador to Paris whom he utterly distrusted. Whether he had grounds for distrusting Count Arnim or not, whether his furious charges were libels, as Count Arnim's friends would say, or are statements necessary to the conduct of serious business, as the chancellor's friends would say, or are, as we should be inclined to think, just objections exaggerated, and so to speak, poisoned, by personal hatred and contempt, will never be known while the emperor lives, and is not our point to-day. What is certain is that the all-powerful chancellor distrusted and hated his most important agent, distrusted him till he suspected him of grave suppressions of facts, hated him till he accused him of a character for habitual untruthfulness, and still was obliged to keep him on. He might, no doubt, have sent in his resignation, but then the king might have accepted it, and to a man brimming with a consciousness of exceptional competence for great affairs, and bursting with plans for the future, that risk may well have seemed too great to be

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 chances of being made a chief. If he is sufficiently talented, the Fono itself may deliberate, search out a vacant title to confer upon him and call him in that he may sit with the old men and learn wisdom. And yet so well recognised is the unwillingness of the young men to respond to this honour, that the provision is always made. "And if the young man runs away, then never shall he be made a chief, but always he must sit outside the house with the young men, preparing and serving the food of the matais with whom he may not sit in the Fono." Still more pertinent are the chances of his relationship group bestowing a matai name upon the gifted young man. And a matai he wishes to be, some day, some far-off day when his limbs have lost a little of their suppleness and his heart the love of fun and of dancing. As one chief of twenty-seven told me: “I have been a chief only four years and look, my hair is grey, although in Samoa grey hair comes very slowly, not in youth, as it comes to the white man. But always, I must act as if I were old. I must walk gravely and with a measured step. I may not dance except upon most solemn occasions, neither may I play games with the young men. Old men of sixty are my companions and watch my every word, lest I make a mistake. Thirty-one people live in my household. For them I must plan, I must find them food and clothing, settle their disputes, arrange their marriages. There is no one in my whole family who dares to scold me or even to address me familiarly


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 by the title, to suppose that it consists of a eulogy of selfishness: the very opposite of what it really is,—or at least of what the author intended it to be. Although its chief object unquestionably is to stimulate youths to apply themselves diligently to right pursuits,—sparing neither labour, pains, nor self-denial in prosecuting them,—and to rely upon their own efforts in life, rather than depend upon the help or patronage of others, it will also be found, from the examples given of literary and scientific men, artists, inventors, educators, philanthropists, missionaries, and martyrs, that the duty of helping one's self in the highest sense involves the helping of one's neighbours.

It has also been objected to the book that too much notice is taken in it of men who have succeeded in life by helping themselves, and too little of the multitude of men who have failed. "Why should not Failure," it has been asked, "have its Plutarch as well as Success?" There is, indeed, no reason why Failure should not have its Plutarch, except that a record of mere failure would probably be found excessively depressing as well as uninstructive reading. It is, however, shown in the following pages that Failure is the best discipline of the true worker, by stimulating him to renewed efforts, evoking his best powers, and carrying him onward in self-culture, self-control, and growth in knowledge and wisdom. Viewed in this light, Failure, conquered by Perseverance, is always full of interest and instruction, and this we have endeavoured to illustrate by many examples.

As for Failure per se, although it may be well to find consolations for it at the close of life, there


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212 enter the village you see figures of gods painted in bright colours but crumbling to pieces, and then comes a sort of triumphal arch on which are inscribed moral phrases like those of schoolchildren's copy-books. The streets are infested by yelping curs and dirty pigs wallowing in the mud; by children as dirty as the animals; by women with legs the size of a chair rail, and feet like snuff-boxes, and by porters or mules carrying heavy loads. The inns are horrible dens impregnated with the most varied odours, that of opium not being the least unpleasant. These inns have the most pompous names, such as the "Polar Star," the Chinese having a great weakness for the four cardinal points. The staple articles of food are rice and pork, and eggs and chickens are to be had in villages, omelettes being made with the former, and soup with the latter; and fish is also eaten, caught with the aid of cormorants, which, flung into the water from a boat, catch the fish and bring them to the fisher after the manner of a retriever.

We cannot but be struck by the economy of the people, their parsimony, their avarice, their art in turning literally everything to account. Thus they make lamp wicks out of the heart of a certain kind of rush, and they also use this for cupping. They have a way of supplying what is wanting in the products of industry wnth a skill of hand and a patience beyond all belief, and if they did not smoke they would not indulge in a single superfluity. It might even be argued that the opium-smoker does not indulge in a superfluity, since he eats and drinks less than the non-smoker. In this land of hunger, where the struggle for existence renders people so ferocious and pitiless, the essential thing is to keep body and soul together, and I have seen men dropping from inanition on the roadway and the Chinese stepping over them without offering to give them assistance. The famishing wretch might die, and his body would lie there without anyone taking notice of it.

In the regions we traversed before reaching Yunnan, we

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 :(a) all property and assets which immediately before such commencement were vested in His Majesty for the purposes of the Government of the Dominion of India and all property and assets which immediately before such commencement were vested in His Majesty for the purposes of the Government of each Governor’s Province shall vest respectively in the Union and the corresponding State, and
 * (b) all rights, liabilities and obligations of the Government of the Dominion of India and of the Government of each Governor's Province, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations respectively of the Government of India and the Government of each corresponding State,

subject to any adjustment made or to be made by reason of the creation before the commencement of this Constitution of the Dominion of Pakistan or of the Provinces of West Bengal, East Bengal, West Punjab and East Punjab.

295. Succession to property, assets, rights, liabilities and obligations in other cases.—(1) As from the commencement of this Constitution—
 * (a) all property and assets which immediately before such commencement were vested in any Indian State corresponding to a State specified in Part B of the First Schedule shall vest in the Union, if the purposes for which such property and assets were held immediately before such commencement will thereafter be purposes of the Union relating to any of the matters enumerated in the Union List, and
 * (b) all rights, liabilities and obligations of the Government of any Indian State corresponding to a State specified in Part B of the First Schedule, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the Government of India, if the purposes for which such rights were acquired or liabilities or obligations were incurred before such commencement will thereafter be purposes of the Government of India relating to any of the matters enumerated in the Union List,

subject to any agreement entered into in that behalf by the Government of India with the Government of that State.

(2) Subject as aforesaid, the Government of each State specified in Part B of the First Schedule shall, as from the commencement of this Constitution, be the successor of the Government of the corresponding Indian State as regards all property and assets and all rights, liabilities and obligations, whether arising out of any contract or otherwise, other than those referred to in clause (1).

296. Property accruing by escheat or lapse or as bona vacantia.—Subject as hereinafter provided, any property in the territory of India which, if this Constitution had not come into operation, would have accrued to His Majesty or, as the case may be, to the Ruler of an Indian State by escheat or lapse, or as bona vacantia for want of a rightful owner, shall, if it is property situate in a State, vest in such State, and shall, in any other case, vest in the Union:

Provided that any property which at the date when it would have so accrued to His Majesty or to the Ruler of an Indian State was in the possession or under the control of the Government of India or the Government of a State shall, according as the purposes for which it was then used or held were purposes of the Union or of a State, vest in the Union or in that State.

Explanation.—In this article, the expressions “Ruler” and “Indian State” have the same meanings as in article 363.

[297. Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union.—(1) All lands, minerals and other things of value underlying the ocean within the territorial waters, or the continental shelf, or the exclusive economic zone, of India shall vest in the Union and be held for the purposes of the Union.


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638 endured. Hohenzollerns are not constitutional emperors, either in fact or by law — the German constitution containing no clause making ministers responsible only to Parliament — and the emperor might not always bear with resignations intended to limit his prerogative. At all events, without resignation there was no removing Count Arnim, and the great chancellor admits himself to have been as annoyed, and limited, and overstrained by the difificulties of the imperial closet, as ever Richelieu was by the still unexplained character of Louis XIII., who, like the Emperor William, had the faculty of recognizing men. He has, as he murmurs, "actually to compete" with Count Arnim for the confidence of his sovereign. That the prince is over-jealous, over-suspicious, and does not quite understand the character of his sovereign, who we take to be a man quite incapable of making a mistake as to the comparative value of the two men, though not disinclined to retain instruments whom the chancellor dreads, is little to the purpose. The fact remains, that the German chancellor felt himself hampered, to the extent of threatening to resign, by a trouble which never became patent to the public.

The incident brings out in the strongest light one immense executive embarrassment, which exists in all those despotisms or "strong monarchies" which are supposed to work in all executive departments so smoothly. If the monarch is not himself his own prime minister, the premier under an "independent" monarch has to encounter a difficulty at least as great and absorbing as that of conciliating or convincing Parliament. He has to retain his ascendancy over a sovereign who may not have quite the same objects, who is necessarily his inferior in political genius, and who is bound by his position to keep his eye steadily fixed on men who may be fit on a vacancy for the premiership. When such a man appears, the monarch must protect him, or must leave himself virtually without alternative premiers, — that is, must surrender his own independence to the "necessary" premier of the hour. This protection inspires jealousy, and suspicion once excited, the course of government is at once impeded by a palace-struggle scarcely to be distinguished from an intrigue. In Russia, where the czar is really absolute, and can dismiss a chancellor by a nod, the personal struggle is a grand difficulty of government, and frequently affects the policy of the State. The czar must have his alternative man, and the instinct of the premier in office is not to allow that man to show himself too successful. If rumour may be trusted, the Bismarck-Arnim quarrel exists in Russia between Prince Gortschakoff and General Ignatieff, ambassador at Constantinople, and the policy of both is constantly affected by the necessity each feels of not putting the other too much in the right. Ignatieff can neither coincide with the chancellor nor disobey him — for either course would leave the chancellor master of the field — and Gortschakoff can neither support his ambassador nor remove him, for either course might bring him to St. Petersburg as the emperor's adlatus. Germany is not an autocracy, but the emperor, partly from his legal position, partly from the traditionary respect paid to him by all Prussians, and partly from his own force of character, which is much greater than his intellectual insight into affairs, holds a position which renders his favour all-important even to Prince Bismarck, and makes victory in his closet at least as essential and exhausting as victory in Parliament is to a British premier. The full advantages of personal government are not reaped except in the rare cases in which the man with hereditary rights is also the man most competent to govern. In Germany they are not reaped at all, except in those extreme cases in which the sovereign, feeling the momentary superiority of his man of genius, effaces himself, and accepts for the time the role of his own premier's chief administrator. In ordinary times, the situation only produces collisions in which the man of genius, even if not beaten, finds his strength wasted; or, as Prince Bismarck in this case has done, voluntarily wastes it himself on what is no better than an intrigue. He has not the resource of the statesman in a free country of flinging himself openly on Parliament, and is compelled to seek his support indirectly by bills, such as the present one for the modification of t!ie penal code. No doubt he is seeking it, and it is this, we imagine, which the National Liberals have seen, and which is the cause of the great effect produced on them by the publication of the reports. They think that Prince Bismarck is fighting, consciously or unconsciously, their battle, that he is maintaining the power of the removable premier against that of the irremovable sovereign, and are disposed to let him strengthen his own hands in his own way, — that is, to enable liini to prosecute a diplomatist for a disobedience


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HIS is a revised edition of a book which has already been received with considerable favour at home and abroad. It has been reprinted in various forms in America; translations have appeared in Dutch and French, and others are about to appear in German and Danish. The book has, doubtless, proved attractive to readers in different countries by reason of the variety of anecdotal illustrations of life and character which it contains, and the interest which all more or less feel in the labours, the trials, the struggles, and the achievements of others. No one can be better aware than the author of its fragmentary character, arising from the manner in which it was for the most part originally composed,—having been put together principally from jottings made during many years,—intended as readings for young men, and without any view to publication. The appearance of this edition has furnished an opportunity for pruning the volume of some superfluous matter, and introducing various new illustrations, which will probably be found of general interest.

In one respect the title of the book, which it is now too late to alter, has proved unfortunate, as it has led some, who have judged it merely


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 (2) All other resources of the exclusive economic zone of India shall also vest in the Union and be held for the purposes of the Union.

(3) The limits of the territorial waters, the continental shelf, the exclusive economic zone, and other maritime zones, of India shall be such as may be specified, from time to time, by or under any law made by Parliament.]

[298. Power to carry on trade, etc.— The executive power of the Union and of each State shall extend to the carrying on of any trade or business and to the acquisition, holding and disposal of property and the making of contracts for any purpose: Provided that—
 * (a) the said executive power of the Union shall, in so far as such trade or business or such purpose is not one with respect to which Parliament may make laws, be subject in each State to legislation by the State; and
 * (b) the said executive power of each State shall, in so far as such trade or business or such purpose is not one with respect to which the State Legislature may make laws, be subject to legislation by Parliament.]

299. Contracts.—(1) All contracts made in the exercise of the executive power of the Union or of a State shall be expressed to be made by the President, or by the Governor *** of the State, as the case may be, and all such contracts and all assurances of property made in the exercise of that power shall be executed on behalf of the President or the Governor *** by such persons and in such manner as he may direct or authorise.

 * (2) Neither the President nor the Governor *** shall be personally liable in respect of any contract or assurance made or executed for the purposes of this Constitution, or for the purposes of any enactment relating to the Government of India heretofore in force, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof.

300. Suits and proceedings.—(1) The Government of India may sue or be sued by the name of the Union of India and the Government of a State may sue or be sued by the name of the State and may, subject to any provisions which may be made by Act of Parliament or of the Legislature of such State enacted by virtue of powers conferred by this Constitution, sue or be sued in relation to their respective affairs in the like cases as the Dominion of India and the corresponding Provinces or the corresponding Indian States might have sued or been sued if this Constitution had not been enacted.

(2) If at the commencement of this Constitution—
 * (a) any legal proceedings are pending to which the Dominion of India is a party, the Union of India shall be deemed to be substituted for the Dominion in those proceedings; and
 * (b) any legal proceedings are pending to which a Province or an Indian State is a party, the corresponding State shall be deemed to be substituted for the Province or the Indian State in those proceedings.

'''300A. Persons not to be deprived of property save by authority of law.'''—No person shall be deprived of his property save by authority of law.]


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 The career of industry which the nation has pursued, has also proved its best education. As steady application to work is the healthiest training for every individual, so is it the best discipline of a state. Honourable industry travels the same road with duty; and Providence has closely linked both with happiness. The gods, says the poet, have placed labour and toil on the way leading to the Elysian fields. Certain it is that no bread eaten by man is so sweet as that earned by his own labour, whether bodily or mental. By labour the earth has been subdued, and man redeemed from barbarism; nor has a single step in civilization been made without it. Labour is not only a necessity and a duty, but a blessing: only the idler feels it to be a curse. The duty of work is written on the thews and muscles of the limbs, the mechanism of the hand, the nerves and lobes of the brain—the sum of whose healthy action is satisfaction and enjoyment. In the school of labour is taught the best practical wisdom; nor is a life of manual employment, as we shall hereafter find, incompatible with high mental culture.

Hugh Miller, than whom none knew better the strength and the weakness belonging to the lot of labour, stated the result of his experience to be, that Work, even the hardest, is full of pleasure and materials for self-improvement. He held honest labour to be the best of teachers, and that the school of toil is the noblest of schools—save only the Christian one,—that it is a school in which the ability of being useful is imparted, the spirit of independence learnt, and the habit of persevering effort acquired. He was even of opinion that the training of the mechanic,—by the exercise which 3


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 by my first name. It is hard to be so young and yet to be a chief." And the old men shake their heads and agree that it is unseemly for one to be a chief so young.

The operation of natural ambition is further vitiated by the fact that the young man who is made a matai will not be the greatest among his former associates, but the youngest and greenest member of the Fono. And no longer may he associate familiarly with his old companions; a matai must associate only with matais, must work beside them in the bush and sit and talk quietly with them in the evening.

And so the boy is faced by a far more difficult dilemma than the girl. He dislikes responsibility, but he wishes to excel in his group; skill will hasten the day when he is made a chief, yet he receives censure and ridicule if he slackens his efforts; but he will be scolded if he proceeds too rapidly; yet if he would win a sweetheart, he must have prestige among his fellows. And conversely, his social prestige is increased by his amorous exploits.

So while the girl rests upon her “pass” proficiency, the boy is spurred to greater efforts. A boy is shy of a girl who does not have these proofs of efficiency and is known to be stupid and unskilled; he is afraid he may come to want to marry her. Marrying a girl without proficiency would be a most imprudent step and involve an endless amount of wrangling with his family. So the girl who is notoriously inept must take her


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. Then you are not going to Suavia? Prince Michael has returned solely for you. Must he go back alone to rule his empire?

. He says that without me he cannot accept the crown. His ship will be lost forever on the deep, cast up on some unknown coast, where his days will be spent in obscurity, and he will slip from the world unnoticed at the close. By nature he is indolent; all his energy, his hope are in me.

. But you?

. While my child lives, my place is with her.

. It will not be long.

. I never wished till now to stop the hand of time. On a day like this, it seems as if we should never die; as if it were impossible that we should be passing through life like shadows, looking out for a little while upon the earth, the sea, and the sky which whisper to us of their eternity and our sudden death. Life cannot be all a cheat—it would be too cruel! No, there is, there must be something higher, something more eternal in us than this sea and this sky.

. But what is there in our lives which deserves to endure? Is it what we are, or what we appear to be?—the love that was in us once? what we long for and dream? Where are our true selves to be found?

. Look what lovely roses! They are all colors. Bring them here, Nunu; we picked them all. What difference does it make? The bushes will be covered with them again to-morrow.

. There never were such beautiful flowers.

. Nor none more suggestive of life. All the colors of the flesh—red, like blood, like lovers' lips; pink, like the skins of children; amber pale, with a languorous carmine


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 it gives to his observant faculties, from his daily dealing with things actual and practical, and the close experience of life which he acquires,—better fits him for picking his way along the journey of life, and is more favourable to his growth as a Man, emphatically speaking, than the training afforded by any other condition.

The array of great names which we have already cursorily cited, of men springing from the ranks of the industrial classes, who have achieved distinction in various walks of life—in science, commerce, literature, and art—shows that at all events the difficulties interposed by poverty and labour are not insurmountable. As respects the great contrivances and inventions which have conferred so much power and wealth upon the nation, it is unquestionable that for the greater part of them we have been indebted to men of the humblest rank. Deduct what they have done in this particular line of action, and it will be found that very little indeed remains for other men to have accomplished.

Inventors have set in motion some of the greatest industries of the world. To them society owes many of its chief necessaries, comforts, and luxuries; and by their genius and labour daily life has been rendered in all respects more easy as well as enjoyable. Our food, our clothing, the furniture of our homes, the glass which admits the light to our dwellings at the same time that it excludes the cold, the gas which illuminates our streets, our means of locomotion by land and by sea, the tools by which our various articles of necessity and luxury are fabricated, have been the result of the labour and ingenuity of many


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International Criminal Court Act 2001 (c. 17) Part 2—Arrest and delivery of persons 6Supplementary provisions as to proceedings before competent court

(1) The following provisions apply in relation to proceedings before a competent court under section 5.

(2) In the case of proceedings in England and Wales—
 * (a) the court has the like powers, as nearly as may be, including power to adjourn the case and meanwhile to remand the person whose surrender is sought, as if the proceedings were the summary trial of an information against that person;
 * (b) if the court adjourns the proceedings, it shall on doing so remand the person whose surrender is sought;
 * (c) the proceedings are criminal proceedings for the purposes of Part 1 of the Access to Justice Act 1999 (c. 22) (advice, assistance and representation);
 * (d) section 16(1)(c) of the Prosecution of Offences Act 1985 (c. 23) (defence costs on dismissal of proceedings) applies, reading the reference to the dismissal of the information as a reference to the discharge of the person arrested.

(3) In the case of proceedings in Scotland—
 * (a) the court has the like powers, including power to adjourn the case and meanwhile to remand the person whose surrender is sought, and the proceedings shall be conducted as nearly as may be in the like manner, as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by that person;
 * (b) the provisions of the Legal Aid (Scotland) Act 1986 (c. 47) relating to such proceedings, or any appeal proceedings following thereon, apply to that person.

7Consent to surrender

(1) A person arrested under this Part may consent to being delivered up into the custody of the ICC or, in the case of a person convicted by the ICC, of the state of enforcement.

This is referred to below as “consent to surrender”.

(2) Consent to surrender may be given—
 * (a) by the person himself, or
 * (b) in circumstances in which it is inappropriate for the person to act for himself, by reason of his physical or mental condition or his youth, by an appropriate person acting on his behalf.

(3) Consent to surrender must—
 * (a) be given in writing in the prescribed form or a form to the like effect, and
 * (b) be signed in the presence of a justice of the peace or, in Scotland, a sheriff.

The “prescribed form” means that prescribed by rules under section 144 of the Magistrates’ Courts Act 1980 (c. 43) or, in Scotland, by the High Court of Justiciary by Act of Adjournal.

(4) Where consent to surrender has been given—


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301. Freedom of trade, commerce and intercourse.—Subject to the other provisions of this Part, trade, commerce and intercourse throughout the territory of India shall be free.

302. Power of Parliament to impose restrictions on trade, commerce and intercourse.—Parliament may by law impose such restrictions on the freedom of trade, commerce or intercourse between one State and another or within any part of the territory of India as may be required in the public interest.

303. Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce.—(1) Notwithstanding anything in article 302, neither Parliament nor the Legislature of a State shall have power to make any law giving, or authorising the giving of, any preference to one State over another, or making, or authorising the making of, any discrimination between one State and another, by virtue of any entry relating to trade and commerce in any of the Lists in the Seventh Schedule.

(2) Nothing in clause (1) shall prevent Parliament from making any law giving, or authorising the giving of, any preference or making, or authorising the making of, any discrimination if it is declared by such law that it is necessary to do so for the purpose of dealing with a situation arising from scarcity of goods in any part of the territory of India.

304. Restrictions on trade, commerce and intercourse among States.—Notwithstanding anything in article 301 or article 303, the Legislature of a State may by law—
 * (a) impose on goods imported from other States [or the Union territories] any tax to which similar goods manufactured or produced in that State are subject, so, however, as not to discriminate between goods so imported and goods so manufactured or produced; and
 * (b) impose such reasonable restrictions on the freedom of trade, commerce or intercourse with or within that State as may be required in the public interest:

Provided that no Bill or amendment for the purposes of clause (b) shall be introduced or moved in the Legislature of a State without the previous sanction of the President.

[305. Saving of existing laws and laws providing for State monopolies.—Nothing in articles 301 and 303 shall affect the provisions of any existing law except in so far as the President may by order otherwise direct; and nothing in article 301 shall affect the operation of any law made before the commencement of the Constitution (Fourth Amendment) Act, 1955, in so far as it relates to, or prevent Parliament or the Legislature of a State from making any law relating to, any such matter as is referred to in sub-clause (ii) of clause (6) of article 19.]

306. [Power of certain States in Part B of the First Schedule to impose restrictions on trade and commerce.].–''Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1 11956)''.

307. Appointment of authority for carrying out the purposes of articles 301 to 304.—Parliament may by law appoint such authority as it considers appropriate for carrying out the purposes of articles 301, 302, 303 and 304, and confer on the authority so appointed such powers and such duties as it thinks necessary.


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 touch, like the warm nudes of Titian; voluptuously opulent, like the great goddesses of Rubens; white and bloodless as a virgin's hands.

. These are sallow like wax—like the dead.

. No, Donina, they are all alive, they are not like the dead; they live. When I hold them upside down, they are like little ladies, with the petals and the corolla here for skirts. This might be a stately marchioness, a Madame Pompadour, with her wide rose panniers—the stem her slender waist, and these two green leaves by the side, her great, puffed-out sleeves. Although something is lacking… wait! Let us make a foolish little head for our marchioness out of this petal, with a long, tapering neck so thin, as the poet says, that it is shaped for the guillotine. This might be an Infanta of Spain with her spreading hoop-skirts, and this a magnificent Dogaressa of Venice, imperial in her purple! When you hold them like this, isn't it true that roses resemble ladies in flowers?

. Yes, they do. How lovely! They are just like ladies. Look, Nunu! But you won't look. You're foolish enough to be afraid that they might be really, and fall in love with you. But I'll spoil them all first. There! There!

. Look out! [Throwing roses hack at her] It's a battle of flowers.

. Look out yourself!

. It cannot be death, Leonardo. Donina is so happy!

. Deceptive happiness! You know the cost.

. Yes, but Donina could not live without him. In spite of all that he has done to her, I had to bring him here, to keep him, by flattery, by fear. The wretched boy wants


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 lovers from among the casual, the jaded, and the married who are no longer afraid that their senses will betray them into an imprudent marriage

But. the seventeen-year-old girl does not wish to marry—not yet. It is better to live as a girl with no responsibility, and a rich variety of emotional experience. This is the best period of her life. There are as many beneath her whom she may bully as there are others above her to tyrannise over her. What she loses in prestige, she gains in freedom. She has very little baby-tending to do. Her eyes do not ache from weaving nor does her back break from bending all day over the tapa board. The long expeditions after fish and food and weaving materials give ample opportunities for rendezvous. Proficiency would mean more work more confining work, and earlier marriage, and marriage is the inevitable to be deferred as long as possible.


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6 Part 2—Arrest and delivery of persons :(a) a competent court before which the person is brought shall forthwith make a delivery order, and
 * (b) he shall be taken to have waived his rights under section 12 (right to review of delivery order).

(5) Where consent to surrender has been given, notice of that fact shall be given—
 * (a) if the person is in custody, to the prison governor, constable or other person in whose custody he is;
 * (b) if the person is on bail in England and Wales, to the officer in charge of the police station at which he is required to surrender to custody.

(6) For the purposes of subsection (5)(b) notice shall be treated as given if it is sent by registered post, or recorded delivery, addressed to the officer mentioned. Proceedings where court refuses delivery order 8Procedure where court refuses order

(1) If a competent court refuses to make a delivery order, it shall—
 * (a) make an order remanding the person arrested, and
 * (b) notify the Secretary of State and, in the case of proceedings in Scotland, the Scottish Ministers of its decision and of the grounds for it.

(2) If the court is informed without delay that an appeal is to be brought under section 9 or 10, the order remanding the person arrested shall continue to have effect.

(3) If the court is not so informed, it shall discharge the person arrested.

9Appeal against refusal of delivery order: England and Wales

(1) If a competent court in England and Wales refuses to make a delivery order, the Secretary of State may appeal against the decision to the High Court.

No permission is required for such an appeal, which shall be by way of re- hearing.

(2) If the High Court allows the appeal it may—
 * (a) make a delivery order, or
 * (b) remit the case to the competent court to make a delivery order in accordance with the decision of the High Court.

(3) If the High Court dismisses the appeal, the Secretary of State may, with the permission of the High Court or the House of Lords, appeal to the House of Lords.

In relation to a decision of the High Court on an appeal under this section, section 1 of the Administration of Justice Act 1960 (c. 65) (appeals to the House of Lords) applies with the omission of so much of subsection (2) of that section as restricts the grant of leave to appeal.

(4) The House of Lords may exercise any of the powers conferred on the High Court by subsection (2) above.

(5) Where a delivery order is made by the High Court or the House of Lords, the provisions of section 11(1)(a) and (c), (2) and (3) (procedure where court makes


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Rh saw no display of the sentiment which certain people call altruism. In these populous regions of the Setchouen no one has time to think of others, the difficulty of getting a bare subsistence being so great that it seems to have hardened men's hearts towards their fellows.

Our carriers are poor wretches who have been recruited specially for the work, and have scarcely a rag upon their bodies. They feed on dried biscuits, Indian corn cooked in oil, and what rice is to be had at inns on the roadside. But they all have their opium-pipe, and when the imperious need for the drug begins to make itself felt, they quicken their steps so as to reach the inn where the contractor is awaiting them with the opium which constitutes the bulk of their pay. These inns, in which we try to sleep, are, however, so infested with vermin that we cannot, as a rule, close our eyes; so we even look back with regret upon those of Thibet, which at the time seemed so revolting. We are much struck by the enormous loads of tea carried by men over very steep paths. It appears that these men belong to families in which the occupation is hereditary, and that they form a corporation.

At Fou-lin we quit the high road, which goes on east, and make our way towards the Yunnan over the highlands of the Tien Shan. On the road we come upon Chinese towns and villages formed chiefly of emigrants from the Setchouen, the mountain being inhabited by the Lolos, a tall race of men with long feet, very energetic and warlike, and inspiring great terror among the Chinese, whom they rob whenever they get the chance.

The Chinese whom we encounter in this district appear to be a most wretched set of beings, very small, eaten up with fever, and disfigured by enormous goitres. They are, as a rule, inoffensive, but we meet with occasional difficulties in the populous places, the inhabitants sometimes insulting us, and throwing stones at the doors of the inn where we are lodging,

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village is made-up of some thirty to forty households, each of which is presided over by a headman called a matai. These headmen hold either chiefly titles or the titles of talking chiefs, who are the official orators, spokesmen and ambassadors of chiefs. In a formal village assembly each matai has his place, and represents and is responsible for all the members of his household. These households include all the individuals who live for any length of time under the authority and protection of a common matai. Their composition varies from the biological family consisting of parents and children only, to households of fifteen and twenty people who are all related to the matai or to his wife by blood, marriage or adoption, but who often have no close relationship to each other. The adopted members of a household are usually but not necessarily distant relatives.

Widows and widowers, especially when they are childless, usually return to their blood relatives, but a married couple may live with the relatives of either one. Such a household is not necessarily a close residential unit, but may be scattered over the village in three or


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308. Interpretation.—In this Part, unless the context otherwise requires, the expression “State” [does not include the State of Jammu and Kashmir.]

309. Recruitment and conditions of service of persons serving the Union or a State.—Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State:

Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor *** of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this article, and any rules so made shall have effect subject to the provisions of any such Act.

310. Tenure of office of persons serving the Union or a State.—(1) Except as expressly provided by this Constitution, every person who is a member of a defence service or of a civil service of the Union or of an all-India service or holds any post connected with defence or any civil post under the Union holds office during the pleasure of the President, and every person who is a member of a civil service of a State or holds any civil post under a State holds office during the pleasure of the Governor *** of the State.

(2) Notwithstanding that a person holding a civil post under the Union or a State holds office during the pleasure of the President or, as the case may be, of the Governor *** of the State, any contract under which a person, not being a member of a defence service or of an all-India service or of a civil service of the Union or a State, is appointed under this Constitution to hold such a post may, if the President or the Governor ***, as the case may be, deems it necessary in order to secure the services of a person having special qualifications, provide for the payment to him of compensation, if before the expiration of an agreed period that post is abolished or he is, for reasons not connected with any misconduct on his part, required to vacate that post.

311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State.—(1) No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.

[(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges ***:

[Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed:

Provided further that this clause shall not apply—]
 * (a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or


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 to go, but I tell him that I will have him taken to Suavia and accused of the murder of Prince Florencio. What does it matter if it is a lie? Donina has forgiven him, and she believes that he loves her as she was never loved before, and she is happy—dying happy in the belief. Without it, she would have died long ago, in an agony of grief and remorse. His treachery would have killed her.

. Do you believe that Nunu will be able to deceive her much longer?

. It is not his virtue that I count upon, it is his interest. And I am here to attend to it.

. The Countess Rinaldi has driven up to the gate.

. She has seen the Prince's yacht, and she is anxious to know whether I am going to Suavia. Tell her I am not at home; get rid of her in any way you can. That woman is odious.

. Why odious? She is another shadow passing through life, indefatigable in the pursuit of her ideal.

. Leonardo!

. My dear Countess! Did they tell you Imperia was not at home?

. I didn't ask whether she was or not. There was nobody at the gate. However, I was certain to find some one, now that Imperia is living en famille. Of course I count you as one of the family.

. Of the artistic family.

. It is the same thing. We all return to our starting-point sooner or later, unless we run on forever. But I advise you to be careful; Prince Michael has returned, too, in spite of everything.


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. In spite of it? He always insisted that he would.

. It seems that after the suicide of Prince Florencio—I hope you notice the suicide—I confine myself to the truth which is official.

. An unexceptionable sort of confinement. After all it makes life possible.

. I know. The difficulty is, though, that people have such a weakness for the likely lie. Nobody has been able to account for the suicide.

. Why not ask the Signore?

. You could never get it out of him. A crime here would horrify the aristocratic element; they are the persons who spend the money. One cannot die here, one cannot kill oneself, except in some way that is agreeable. We die of happiness, we kill ourselves so as not to occasion inconvenience to others. Nevertheless, I have decided to swallow the whole story—a reminiscence, eh, of Saturday Night? Like that affair of Lady Seymour's. Of course you have heard?

. Not another suicide?

. Not this time. I met her with her arm in a sling—it seems she fell in her automobile. Last year she had a cut over her eye—a fall, so I hear, with her horse. These accidents always happen when her husband is away from home. Two or three months suffice for the wounds to heal…

. Physically and morally, I suppose?

. I confine myself to the truth which is official.

. You are a very prudent woman. By the way, your color is particularly fine this morning. You are looking excessively well. I notice a certain austerity in your toilette…


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. The change in my life. For a time, I was threatened with nervous prostration, but my physician prescribed a severe regimen. "Control yourself," he said. "Remember, neurasthenia is no longer in fashion. The reign of nerves is at an end; this season we shall have a renascence of muscle."

. You are planning to be the Michael Angelo of this renascence?

. Fortunately, I had no difficulty in accommodating myself to the change. Heaven directed my feet to the path of salvation.

. Without elephants?

. Don't recall those absurdities! I have put such trifles behind me. During one of my walks in the country, I stopped at the door of a Franciscan monastery. It occurred to me to go in. A pale-faced friar with a long, bushy beard was preaching. What a sermon that was! How he did preach about love, human and divine!

. You could have preached upon the former with greater show of authority.

. You are laughing at me. I was converted upon the spot. Now, I hear him preach every afternoon. He is a second St. Francis. I am organizing a series of festivals for the restoration of the convent.

. Poor saint! The temptations of St. Anthony will be nothing to his.

. You must not say that; you don't know him.

. I know you.

. I accept the aspersions of the world as just penance for my sins; I could even wish to have people think worse of me. In pursuance of my plan, I am soliciting from door to door. Of course I may count upon you and Imperia? Will you send me one of your works for my kermess?


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 four houses. No one living permanently in another village is counted as a member of the household, which is strictly a local unit. Economically, the household is also a unit, for all work upon the plantations under the supervision of the matei who in turn parcels out to them food and other necessities.

Within the household, age rather than relationship gives disciplinary authority. The matai exercises nominal and usually real authority over every individual under his protection, even over his father and mother. This control is, of course, modified by personality differences, always carefully tempered, however, by a ceremonious acknowledgment of his position. The newest baby born into such a household is subject to every individual in it, and his position improves no whit with age until a younger child appears upon the scene. But in most households the position of youngest is a highly temporary one. Nieces and nephews or destitute young cousins come to swell the ranks of the household and at adolescence a girl stands virtually in the middle with as many individuals who must obey her as there are persons to whom she owes obedience. Where increased efficiency and increased self-consciousness would perhaps have made her obstreperous and restless in a differently organised family, here she has ample outlet for a growing sense of authority.

This development is perfectly regular. A girl's marriage makes a minimum, of difference in this respect, except in so far as her own children increase


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. With the greatest of pleasure. Something appropriate—a Magdalen, perhaps. Would you prefer her before or after conversion?

. Only be sure that she has plenty of clothes.

. Better have it before, then. Afterward, you recall in what state she ran through the wilderness—as you will be doing shortly, no doubt, though not through the wilderness.

. [Running after ] Don't you run away. Give me that letter! Give it to me, or…

. [Discovering the ] Hush! Be still! Don't you see?… You're always picking at me.

. You always

. Let me alone, I tell you.

. [To ] Oh, don't bother to explain! Two protégés of Imperia's… Daphnis and Chloe? Or Paul and Virginia? This is the Garden of Love.

. Of profane love; it is not for you.

. Will you tell Imperia of the object of my visit?

. I shall announce your conversion.

. But merely as a preliminary; I am counting upon her.

. She will certainly hear of it.

. These lovers are fascinating! Both children, of course… How old is the boy?

. Countess, a ripe age.

. Give me that letter! Give it to me!

. That's right. Scream, kick, cry, so that everybody can hear—you always do. Then when you get worse, they'll say it's my fault. Didn't I tell you it was for Tommy? Can't you read? What do you want me to say?


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 most pertinently the supply of agreeably docile subordinates. But the girls who remain unmarried even beyond their early twenties are in nowise less highly regarded or less responsible than their married sisters. This tendency to make the classifying principle age, rather than married state, is reinforced outside the home by the fact that the wives of untitled men and all unmarried girls past puberty are classed together in the ceremonial organisation of the village.

Relatives in other households also play a rôle in the children’s lives. Any older relative has a right to demand personal service from younger relatives, a right to criticise their conduct and to interfere in their affairs. Thus a little girl may escape alone down to the beach to bathe only to be met by an older cousin who sets her washing or caring for a baby or to fetch some cocoanut to scrub the clothes. So closely is the daily life bound up with this universal servitude and so numerous are the acknowledged relationships in the name of which service can be exacted, that for the children an hour’s escape from surveillance is almost impossible.

This loose but demanding relationship group has its compensations also. Within it a child of three can wander safely and come to no harm, can be sure of finding food and drink, a sheet to wrap herself up in for a nap, a kind hand to dry casual tears and bind up her wounds. Any small children who are missing when night falls, are simply “sought among their kinsfolk,” and a baby whose mother has gone inland to


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2 II. Nuts enclosed in the involucre.

 * A. Involucres with linear, awl-shaped, bristly appendages. Species 2, 3, and 4.

 * 2. Fagus sylvatica. Europe.
 * Fruit-stalks short and pubescent throughout.
 * 3. Fagus ferruginea. North America.
 * Fruit-stalks short and pubescent throughout.
 * 4. Fagus sinensis. Central China.
 * Fruit-stalks short, pubescent only close to the involucre.
 * 4. Fagus sinensis. Central China.
 * Fruit-stalks short, pubescent only close to the involucre.

 * B. Involucres with their lower appendages dilated and foliaceous. Species 5, 6, 7.

 * 5. Fagus orientalis. Caucasus, Asia Minor, N. Persia.

 * 6. Fagus Sieboldi. Japan.
 * Fruit-stalks short (as long as the involucres) and pubescent throughout.

 * 7. Fagus Engleriana. Central China.

 * American Beech.

The American beech ranges, according to Sudworth, from Nova Scotia to north shore of Lake Huron and Northern Wisconsin; south, to western Florida; and west, to south-eastern Missouri and Texas (Trinity River). Mayr says it is at


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 work on the plantation is passed from hand to hand for the length of the village.

The ranking by age is disturbed in only a few cases. In each village one or two high chiefs have the hereditary right to name some girl of their household as its taupo, the ceremonial princess of the house. The girl who at fifteen or sixteen is made a taupo is snatched from her age group and sometimes from her immediate family also and surrounded by a glare of prestige. The older women of the village accord her courtesy titles, her immediate family often exploits her position for their personal ends and in return show great consideration for her wishes. But as there are only two or three taupos in a village, their unique position serves to emphasise rather than to disprove the general status of young girls.

Coupled with this enormous diffusion of authority goes a fear of overstraining the relationship bond, which expresses itself in an added respect for personality. The very number of her captors is the girl’s protection, for does one press her too far, she has but to change her residence to the home of some more complacent relative. It is possible to classify the different households open to her as those with hardest work, least chaperonage, least scolding, largest or least number of contemporaries, fewest babies, best food, etc. Few children live continuously in one household, but are always testing out other possible residences. And this can be done under the guise of visits and with


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Runo XVII]

, old and steadfast,

Had not found the words he wanted

In the dark abode of Tuoni,

In the eternal realms of Mana,

And for evermore he pondered,

In his head reflected ever,

Where the words he might discover,

And obtain the charms he needed.

Once a shepherd came to meet him,

And he spoke the words which follow:

“You can find a hundred phrases,

And a thousand words discover,

Known to Antero Vipunen only,

In his monstrous mouth and body,

And there is a path which leads there,

And a cross-road must be traversed,

Not the best among the pathways,

Nor the very worst of any.

Firstly you must leap along it

O’er the points of women’s needles,

And another stage must traverse

O’er the points of heroes’ sword-blades,

And a third course must be traversed

O’er the blades of heroes’ axes.”

Väinämöinen, old and steadfast,

Pondered deeply o’er the journey,

Rh

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4 North Persia, is a peculiar species. Radde, while not admitting it to be a distinct species, considers that it is a form which approaches the Japanese Fagus Sieboldi, Endl., rather than the typical European beech, which occurs in the Crimea. Specimens in the Kew herbarium from the Caucasus, Paphlagonia, Phrygia, and Ghilan (a province of North Persia), differ markedly in fruit from the common beech. This tree occurs throughout the whole of the Caucasus, both on the north and south sides, often ascending to the timber line, but descending in Talysch to the sea-level. On the north side of the Caucasus the beech reaches to 5900 feet altitude; while in the Schin valley, on the south side of the range, it attains 7920 feet. It occurs mixed with other trees, or forms pure woods of considerable extent. It sometimes occurs in the forests in the form of gigantic bushes (springing from one root), of which the individual stems measure 6 feet in girth, and are free from branches to 30 or 40 feet. The largest trees recorded by Radde were:—one 380 years old, 7 feet in girth, and 123 feet high; and another 250 years old, 8 feet 4 inches in girth, and 120 feet high, which contained 370 cubic feet of timber.

This species has been introduced into cultivation on the Continent, and is said to have a crown of foliage more slender and more pyramidal than the common beech.

Small Beech of Japan. (Native name, Inubuna.)

This species is much rarer in Japan than Fagus Sieboldi, and was not seen by Elwes or Sargent, who says that it had not been collected since a collector in Maximowicz's employ found it on the Hakone mountains, and in the province of Nambu. Very little is known about it, and it has not been introduced into Europe. Shirasawa, however, says it has the same distribution as Fagus Sieboldi, and grows almost always in mixture with it, but beginning at a lower level; and that it often occurs in a bushy form, and does not attain the dimensions of the other species.

Common Beech of Japan. (Native name, Buna.)

This is the common beech which occurs in Japan, and it is considered by Japanese botanists to be only a variety of the European beech. Shirasawa has given some details concerning its distribution, in connection with a figure which illustrates well the botanical characters of the species. Sargent was doubtful if the common beech in Japan was not quite identical in all respects with the European beech.

Elwes saw it in many places in Central Japan, but not in Hokkaido. Near Nikko it grows to a large size at 2000-4000) feet, but not in pure woods, being, so


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6

A large tree, commonly 100 feet high (attaining 130 to 140 feet under very favourable conditions), with a girth of 20 feet or more. Bark usually grey and smooth, but often in old trees becoming fissured and scaly, especially near the base. Branchlets of two kinds; the short shoots ringed and bearing only a terminal bud in winter and one, two, or three leaves in summer; the long shoots slender, glabrous, with many leaves in two lateral rows (in winter the buds are seen arising from the upper side of the twig, the leaf-scars being on the lower side).

Leaves: deciduous, alternate, two-ranked, varying in size with altitude and vigour, those of trees at high elevations being much smaller; generally oval, somewhat acuminate at the apex, slightly unequal at the base, undulate or toothed in margin, with 6–10 pairs of lateral nerves, which with the midrib are raised on the under surface of the leaf, and are more or less pubescent.

Flowers: arising in the axils of the leaves of the young shoots; the male heads by long pendulous stalks, the female involucres by short erect stalks above the male flowers on the same branchlet or on separate branchlets. The true fruits are usually two together enclosed in a woody involucre, which is beset by prickles. Each fruit contains a seed, triangular in shape like the fruit containing it. The seed hangs from the top of the cell and has no albumen.

Seedling: the seedling of the beech has a long primary root and a stout radicle, 1–2 inches long, bearing 2 large sessile oval cotyledons, which are dark green above and whitish beneath. The first true leaves of the beech are opposite, ovate, obtuse, and crenate, borne on the stem an inch or so above the cotyledons. Above this pair other leaves are borne alternately, and the first season's growth terminates in a long pointed bud with brown imbricated scales.

The common beech is distinguishable at all seasons by its bark, which is only simulated by the hornbeam; but in the latter tree the stem is usually more or less fluted. In winter the pointed buds, arranged distichously on the long shoots and composed of many imbricated scales, are characteristic; while in length they exceed


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 no suggestion of truancy. But the minute that the mildest annoyance grows up at home, the possibility of flight moderates the discipline and alleviates the child’s sense of dependency. No Samoan child, except the taupo, or the thoroughly delinquent, ever has to deal with a feeling of being trapped. There are always relatives to whom one can flee. This is the invariable answer which a Samoan gives when some familial impasse is laid before him. “But she will go to some other relative.” And theoretically the supply of relatives is inexhaustible. Unless the vagrant has committed some very serious offence like incest, it is only necessary formally to depart from the bosom of one’s household. A girl whose father has beaten her over severely in the morning will be found living in haughty sanctuary, two hundred feet away, in a different household. So cherished is this system of consanguineous refuge, that an untitled man or a man of lesser rank will beard the nobler relative who comes to demand a runaway child. With great politeness and endless expressions of conciliation, he will beg his noble chief to return to his noble home and remain there quietly until his noble anger is healed against his noble child.

The most important relationships within a Samoan household which influence the lives of the young people are the relationships between the boys and girls who call each other “brother” and “sister," whether by blood, marriage or adoption, and the relationship between, younger and older relatives. The stress upon


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is the name given to the Muhammadan religion by its founder. Abdul Haqq (the commentator on the Mishkát) says it implies "submission to the divine will."

In the Dictionary of the Qurán entitled Moghrab, Islám is explained as "entering into peace (salm) with another," alluding to the fact that he who embraces Islám in a Muhammadan state becomes free from all those penalties and disabilities which belong to one who does not embrace the faith.

In the Qurán the word is used for doing homage to God. Islám is said to be the religion of all the prophets from the time of Abraham, as will appear from the following verses (Surat-ul-Imrán, ver. 78, 79):—"We believe in God and in what hath been sent down to Abraham, and Ishmael, and Isaac, and Jacob, and the Tribes, and in what was given to Moses, and Jesus and the Prophets from their Lord. We


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8 Another occurs at Hardwick, Bury St. Edmunds, the seat of G.M. Gibson Cullum, Esq., which in 1904 was 11 feet 9 inches in girth, and about 80 to 90 feet in height. Bunbury considered this to be the finest purple beech in England, and says it produces abundance of fruit, from which young trees have been raised.

Var. cuprea, Loddiges, Copper Beech.—This is only a sub-variety of the purple beech, distinguished by its young shoots and leaves being of a paler colour. The largest purple or copper beech which Elwes has seen is in the park at Dunkeld, Perthshire, not far from the Cathedral. This measures 86 feet high, with a girth of 15 feet 3 inches, and does not show any evidence of having been grafted. There is a very fine one at Corsham Court, the seat of General Lord Methuen, 85 to 90 feet high, by 14 in girth, forking at about 10 feet. At Scampston Hall, Yorkshire, Mr. Meade-Waldo tells us of two large spreading trees on their own roots, 11 feet 6 inches and 10 feet 6 inches in girth respectively. At Beauport, Sussex, the seat of Sir Archibald Lamb, Bart., a copper beech measured 12½ feet in girth in 1904. At Syston Park, Lincolnshire, the seat of Sir John Thorold, Bart., there is one nearly as large (12 feet 2 inches girth). A copper beech at Bell Hall, York, which was planted in 1800, measured in 1894, 9 feet in girth, the diameter of the spread of the branches being 74 feet. At Castle MacGarrett, Claremorris, Ireland, the seat of Lord Oranmore, there is a beautiful copper beech, which in 1904 was 70 feet high and 9 feet 10 inches in girth. In Over Wallop Rectory grounds, in Hampshire, a copper beech measured 9 feet 4 inches in 1880.

Two fine trees occur at Clonbrock, in Co. Galway, the seat of Lord Clonbrock. One measured in 1904 a length of 76 feet and a girth of 12 feet 9 inches. The other was 7 feet 6 inches girth in 1871, and in 1880 it had increased to 8 feet 5 inches.

The copper beech is rarely used as a hedge, but there is one in the gardens of Ashwellthorpe Hall, Norwich, which is 138 yards long, 8 feet high, and about 5 feet through. It was planted about seventy years ago from seedlings by the Hon. and Rev. R. Wilson. The colouring in spring is very beautiful.

There is a sub-variety of the copper beech in which the leaf is edged with pink whilst young, but later in summer it becomes nearly like the type. This variety has been called Fagus purpurea roseo-marginata, and it has been recommended as a hedge-plant, to be clipped two or three times during summer so as to obtain several crops of young shoots.

Var. atropurpurea.—The leaves in this are of a darker colour than in the ordinary purple beech.

Var. atropurpurea Rohani is quite different from the last, as the form of the leaves is similar to that of the fern-leaved beech, but their colour is like that of the copper beech.

Var. purpurea pendula.—This is a weeping form of the purple beech. It is of slow growth.


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 the sex difference between contemporaries and the emphasis on relative age are amply explained by the conditions of family life. Relatives of opposite sex have a most rigid code of etiquette prescribed for all their contacts with each other. After they have reached years of discretion, nine or ten years of age in this case, they may not touch each other, sit close together, eat together, address each other familiarly, or mention any salacious matter in each other’s presence. They may not remain in any house, except their own, together, unless half the village is gathered there. They may not walk together, use each other’s possessions, dance on the same floor, or take part in any of the same small group activities. This strict avoidance applies to all individuals of the opposite sex within five years above or below one’s own age with whom one was reared or to whom one acknowledges relationship by blood or marriage. The conformance to this brother and sister taboo begins when the younger of the two children feels “ashamed” at the elder’s touch and continues until old age when the decrepit, toothless pair of old siblings may again sit on the same mat and not feel ashamed.

Tei, the word for younger relative, stresses the other most emotionally charged relationship. The first maternal enthusiasm of a girl is never expended upon her own children but upon some younger relative. And it is the girls and women who use this term most, continuing to cherish it after they and the younger ones


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10 be expected, in this variety are considerably larger than those of the ordinary form.

Var. rotundifolia, Round-leaved Beech. —The leaves are very small, round, and bright green, and are set close on the twigs. This variety has an upright habit of growth, and was introduced in 1894 by Jackman of Woking.

Var. grandidentata.—A form with conspicuously toothed leaves.

Var. pendula, Loddiges, Weeping Beech.—Several forms of this variety occur, but in all the smaller branches hang down. The main branches are irregularly disposed, so that the tree often has a very rugged outline. This variety should be grafted at a good height, as otherwise many of the pendulous branches will lie upon the ground; and the main branches, if they show a tendency to droop too much, should be supported. Weeping beeches may be tall and slender, or low and broad, or quite irregular, depending upon the direction of the larger branches, which may grow outwards or upwards, or in almost any direction; the smaller branches only are uniformly pendulous.

The weeping beech has been observed wild in the forest of Brotonne, in Seine-Inférieure, France.

A good example of a tall, slender, weeping beech may be seen near Wimbledon Common, on the estate lately owned by Sir W. Peek. A fine specimen occurs at Barton, which in 1904 was 77 feet high and 5 feet 2 inches in girth. Elwes has noted a very picturesque and well-shaped one at Endsleigh, near Tavistock, the Devonshire seat of the Duke of Bedford. Several have been figured in the Gardeners' Chronicle, e.g. a group of three trees at Ashwick Hall, Gloucestershire, which were planted about 1860. In the Knap Hill Nursery at Woking, and in the nursery of R. Smith and Co. at Worcester, there are fine specimens. Another good specimen, occurring in Dickson's nursery at Chester, is figured in the Garden.

Many forms of weeping beech have been described as sub-varieties, as purpurea pendula, mentioned above; var. miltonensis, with branches less pendulous, found wild in Milton Park, Northamptonshire; var. borneyensis, found wild in the forest of Borney, near Metz, and described as having an erect stem and distinctly pendulous branches; var. pagnyensis, discovered in the forest of Pagny in the department of Meurthe-et-Moselle in France; var. remillyensis, found in the forest of Remilly, near Metz.

Var. tortuosa, Parasol Beech. —In this curious form, the branches, both large and small, and the branchlets are all directed towards the ground. It is not to be confounded with the preceding variety, in which only the slender branches are pendulous; and is analogous rather to the weeping ash. Beeches of this form have, even in old age, a very short and twisted stem, with a hemispherical crown, which sometimes touches the ground; and it scarcely ever grows higher than 10 feet. This variety has been found wild in France, in the forest of Verzy, near Rheims, and also


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 "I am much obliged to you, for your condolence on what you presume to be my melancholy case," said Mr. Pickwick, winding up his watch, and laying it on the table, "but—"

"No, no," said Mr. Peter Magnus, "not a word more: it's a painful subject. I see, I see. What's the time, Mr. Pickwick?"

"Past twelve."

"Dear me, it's time to go to bed. It will never do, sitting here. I shall be pale to-morrow, Mr. Pickwick."

At the bare notion of such a calamity, Mr. Peter Magnus rang the bell for the chamber-maid; and the striped bag, the red bag, the leathern hat-box, and the brown-paper parcel, having been conveyed to his bed-room, he retired in company with a japanned candlestick, to one side of the house, while Mr. Pickwick, and another japanned candlestick, were conducted through a multitude of tortuous windings, to another.

"This is your room, sir," said the chamber-maid.

"Very well," replied Mr. Pickwick, looking round him. It was a tolerably large double-bedded room, with a fire; upon the whole, a more comfortable-looking apartment than Mr. Pickwick's short experience of the accommodations of the Great White Horse had led him to expect.

"Nobody sleeps in the other bed, of course," said Mr. Pickwick.

"Oh, no, sir."

"Very good. Tell my servant to bring me up some hot water at half-past eight in the morning, and that I shall not want him any more to-night."

"Yes, sir." And bidding Mr. Pickwick good night, the chamber-maid retired, and left him alone.

Mr. Pickwick sat himself down in a chair before the fire, and fell into a train of rambling meditations. First he thought of his friends, and wondered when they would join him; then his mind reverted to Mrs. Martha Bardell; and from that lady it wandered, by a natural process, to the


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 make no difference between them, and to him are we resigned (i.e. Muslims). Whoso desireth any other religion than Islám, that religion shall never be accepted of him, and in the next world he shall be lost."

There are three words used by Muhammadan writers for religion, namely, Dín, Millat, and Mazhab; and in the Kitáb-ut-Tárífát the difference implied in these words is said to be as follows:—Dín as it stands in its relation to God, e.g. Dín-Ullah, the religion of God; Millat, as it stands in relation to a prophet or lawgiver, e.g. Millat-i-Ibrahím, the religion of Abraham; and Mazhab as it stands in relation to the divines of Islám, e.g. Mazhab-i-Hanafí, the religion of Hanífa. The expression Dín, however, is of general application.

Those who profess the religion of Islám are called Musalmáns, Muslims, or Momins.

Ahl-i-Kitáb, "the people of the Book," is used for Muhammadans, Jews, and Christians.


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 bag, and a hat in that box, which I expect, in the effect they will produce, will be invaluable to me, sir."

"Indeed!" said Mr. Pickwick.

"Yes; you must have observed my anxiety about them to-day. I do not believe that such another suit of clothes, and such a hat, could be bought for money, Mr. Pickwick."

Mr. Pickwick congratulated the fortunate owner of the irresistible garments, on their acquisition; and Mr. Peter Magnus remained for a few moments apparently absorbed in contemplation.

"She's a fine creature," said Mr. Magnus.

"Is she?" said Mr. Pickwick.

"Very," said Mr. Magnus, " very. She lives about twenty miles from here, Mr. Pickwick. I heard she would be here to-night and all to-morrow forenoon, and came down to seize the opportunity. I think an inn is a good sort of a place to propose to a single woman in, Mr. Pickwick. She is more likely to feel the loneliness of her situation in travelling, perhaps, than she would be at home. What do you think, Mr. Pickwick?"

"I think it very probable," replied that gentleman.

"I beg your pardon, Mr. Pickwick," said Mr. Peter Magnus, "but I am naturally rather curious; what may you have come down here for?

"On a far less pleasant errand, sir," replied Mr. Pickwick, the colour mounting to his face at the recollection. "I have come down here, sir, to expose the treachery and falsehood of an individual, upon whose truth and honour I placed implicit reliance."

"Dear me," said Mr. Peter Magnus, " that's very unpleasant. It is a lady, I presume? Eh? ah! Sly, Mr. Pickwick, sly. Well, Mr. Pickwick, sir, I wouldn't probe your feelings for the world. Painful subjects, these, sir, very painful. Don't mind me, Mr. Pickwick, if you wish to give vent to your feelings. I know what it is to be jilted, sir; I have endured that sort of thing three or four times."


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 to whom it is applied are full grown. The younger child in turn expends its enthusiasm upon a still younger one without manifesting any excessive affection for the fostering elders.

The word aiga is used roughly to cover all relationships by blood, marriage and adoption, and the emotional tone seems to be the same in each case. Relationship by marriage is counted only as long as an actual marriage connects two kinship groups. If the marriage is broken in any way, by desertion, divorce, or death, the relationship is dissolved and members of the two families are free to marry each other. If the marriage left any children, a reciprocal relationship exists between the two households as long as the child lives, for the mother’s family will always have to contribute one kind of property, the father’s family another, for occasions when property must be given away in the name of the child.

A relative is regarded as some one upon whom one has a multitude of claims and to whom one owes a multitude of obligations. From a relative one may demand food, clothing, and shelter, or assistance in a feud. Refusal of such a demand brands one as stingy and lacking in human kindness, the virtue most esteemed among the Samoans. No definite repayment is made at the time such services are given, except in the case of the distribution of food to all those who share in a family enterprise. But careful count of the value of the property given and of the service rendered is kept and a


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 brothers), Mr. Peter Magnus took a blue view of Mr. Pickwick through his coloured spectacles for several minutes, and then said, with an air of modesty:

"And what do you think—what do you think, Mr. Pickwick—I have come down here for?"

"Upon my word," said Mr. Pickwick, "it is wholly impossible for me to guess; on business, perhaps." TALL "Partly right, sir," replied Mr. Peter Magnus, "but partly wrong, at the same time: try again, Mr. Pickwick."

"Really," said Mr. Pickwick, "I must throw myself on your mercy, to tell me or not, as you may think best; for I should never guess, if I were to try all night."

"Why, then, he—he—he!" said Mr. Peter Magnus, with a bashful titter, "what should you think, Mr. Pickwick, I had come down here, to make a proposal, sir, eh? He—he—he!"

"Think! That you are very likely to succeed," replied Mr. Pickwick, with one of his beaming smiles.

"Ah!" said Mr. Magnus. "But do you really think so, Mr. Pickwick? Do you, though?"

"Certainly," said Mr. Pickwick.

"No; but you're joking, though."

"I am not, indeed."

"Why, then," said Mr. Magnus, "to let you into a little secret, I think so too. I don't mind telling you, Mr. Pickwick, although I'm dreadful jealous by nature—horrid—that the lady is in this house." Here Mr. Magnus took off his spectacles, on purpose to wink, and then put them on again.

"That's what you were running out of the room for, before dinner, then, so often," said Mr. Pickwick, archly.

"Hush! Yes, you're right, that was it; not such a fool as to see her, though."

"No!"

"No; wouldn't do, you know, after having just come off a journey.com Wait till to-morrow, sir; double the chance then. Mr. Pickwick, sir, there is a suit of clothes in that


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Muhammadan rule of faith is based upon what are called the four foundations of orthodoxy, namely, the Qurán, or, as it is called, Kalám Ullah, the Word of God; the Hadis (pl. Ahádis), or the traditions of the sayings and practice of Muhammad; Ijmáʾ, or the consent of the Mujtahidín, or learned doctors; and Qiás, or the analogical reasoning of the learned.

In studying the Muhammadan religious system it must be well understood that Islám is not simply the religion of the Qurán, but that all Muhammadans, whether Sunni, Shíaʾh, or Wahhábi, receive the Traditions as an authority in matters of faith and practice. The Sunni Muhammadans arrogate to themselves the title of traditionists; but the Shíaʾhs also receive the Hadís as binding upon them, although they do not acknowledge the same collection of traditions as those received by their opponents. The


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 Weller, "I should like to know, in the first place, whether you're a goin' to purwide me with a better."

A sunbeam of placid benevolence played on Mr. Pickwick's features as he said, "I have half made up my mind to engage you myself."

"Have you, though?" said Sam.

Mr. Pickwick nodded in the affirmative.

"Wages?" inquired Sam.

"Twelve pounds a year," replied Mr. Pickwick.

"Clothes?"

"Two suits."

"Work?"

"To attend upon me; and travel about with me and these gentlemen here."

"Take the bill down," said Sam, emphatically. "I'm let to a single gentleman, and the terms is agreed upon.

"You accept the situation?" inquired Mr. Pickwick.

"Certn'ly," replied Sam. "If the clothes fits me half as well as the place, they'll do."

"You can get a character of course?" said Mr. Pickwick.

"Ask the landlady o' the White Hart about that, sir," replied Sam.

"Can you come this evening?"

"I'll get into the clothes this minute, if they're here," said Sam with great alacrity.

"Call at eight this evening," said Mr. Pickwick; "and if the inquiries are satisfactory, they shall be provided."

With the single exception of one amiable indiscretion, in which an assistant housemaid had equally participated, the history of Mr. Weller's conduct was so very blameless, that Mr. Pickwick felt fully justified in closing the engagement that very evening. With the promptness and energy which characterised not only the public proceedings, but all the private actions of this extraordinary man, he at once led his new attendant to one of those convenient emporiums where gentlemen's new and second-hand clothes are provided, and


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 "Placed me in such an extremely awkward situation," continued Mr. Pickwick.

"Very," was the reply of his followers, as they coughed slightly, and looked dubiously at each other.

This behaviour was not lost upon Mr. Pickwick. He remarked their incredulity. They evidently suspected him.

"There is a man in the passage now," said Mr. Tupman.

"It's the man I spoke to you about," said Mr. Pickwick, "I sent for him to the Borough this morning. Have the goodness to call him up, Snodgrass."

Mr. Snodgrass did as he was desired; and Mr. Samuel Weller forthwith presented himself.

"Oh—you remember me, I suppose?" said Mr. Pickwick.

"I should think so," replied Sam, with a patronising wink. "Queer start that 'ere, but he was one too many for you, warn't he? Up to snuff and a pinch or two over—eh?"

"Never mind that matter now," said Mr. Pickwick hastily, "I want to speak to you about something else. Sit down."

"Thank'ee, sir," said Sam. And down he sat without farther bidding, having previously deposited his old white hat on the landing outside the door. "Ta'nt a werry good 'un to look at," said Sam, "but it's an astonishin' 'un to wear; and afore the brim went, it was a werry handsome tile. Hows'ever it's lighter without it, that's one thing, and every hole lets in some air, that's another—wentilation gossamer I calls it." On the delivery of this sentiment, Mr. Weller smiled agreeably upon the assembled Pickwickians.

"Now with regard to the matter on which I, with the concurrence of these gentlemen, sent for you," said Mr. Pickwick.

"That's the pint, sir," interposed Sam; "out vith it, as the father said to the child, wen he swallowed a farden."

"We want to know, in the first place," said Mr. Pickwick, "whether you have any reason to be discontented with your present situation."

"Afore I answers that 'ere question, gen'lm'm, replied Mr.


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 The astonishment of the Pickwickians was so absorbing, and the perplexity of Mr. Pickwick was so extreme, that they might have remained in exactly the same relative situations until the suspended animation of the lady was restored, had it not been for a most beautiful and touching expression of filial affection on the part of her youthful son. Clad in a tight suit of corderoy, spangled with brass buttons of a very considerable size, he at first stood at the door astounded and uncertain; but by degrees, the impression that his mother must have suffered some personal damage, pervaded his partially developed mind, and considering Mr. Pickwick as the aggressor, he set up an appalling and semi-earthly kind of howling, and butting forward with his head, commenced assailing that immortal gentleman about the back and legs, with such blows and pinches as the strength of his arm, and the violence of his excitement, allowed.

"Take this little villain away," said the agonised Mr. Pickwick, "he's mad."

"What is the matter?" said the three tongue-tied Pickwickians.

"I don't know," replied Mr. Pickwick, pettishly. "Take away the boy" (here Mr. Winkle carried the interesting boy, screaming and struggling, to the further end of the apartment). "Now, help me, lead this woman down stairs."

"Oh, I am better now," said Mrs. Bardell, faintly.

"Let me lead you down stairs," said the ever gallant Mr. Tupman. 185 "Thank you, sir—thank you;" exclaimed Mrs. Bardell, hysterically. And down stairs she was led accordingly, accompanied by her affectionate son.

"I cannot conceive—" said Mr. Pickwick, when his friend returned—"I cannot conceive what has been the matter with that woman. I had merely announced to her my intention of keeping a man servant, when she fell into the extraordinary paroxysm in which you found her. Very extraordinary thing."

"Very," said his three friends.


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178

To the smithy then he hastened,

And he spoke the words which follow:

“O thou smith, O Ilmarinen,

Forge me straightway shoes of iron,

Forge me likewise iron gauntlets,

Make me, too, a shirt of iron,

And a mighty stake of iron,

All of steel, which I will pay for,

Lined within with steel the strongest,

And o’erlaid with softer iron,

For I go some words to seek for,

And to snatch the words of power,

From the giant’s mighty body,

Mouth of Antero Vipunen wisest.”

Then the smith, e’en Ilmarinen,

Answered in the words which follow:

“Vipunen has long since perished,

Long has Antero departed

From the nets he has constructed,

And the snares that he has fashioned.

Words from him you cannot hope for;

Half a word you could not look for.”

Väinämöinen, old and steadfast,

Started on his way, unheeding,

And the first day speeded lightly

O’er the points of women’s needles,

And the second day sprang nimbly

O’er the points of heroes’ sword-blades,

And upon the third day speeded

O’er the blades of heroes’ axes.

Vipunen in songs was famous,

Full of craft the aged hero;

With his songs he lay extended,

Outstretched with his spells of magic.

On his shoulders grew a poplar,

From his temples sprang a birch-tree,

On his chin-tip grew an alder,

On his beard a willow-thicket,

On his brow were firs with squirrels,

From his teeth sprang branching pine-trees.

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