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Page:Eight Cousins - Alcott (1875).djvu/37

Rose woke next morning, she was not sure whether she had dreamed what occurred the night before, or it had actually happened. So she hopped up and dressed, although it was an hour earlier than she usually rose, for she could not sleep any more, being possessed with a strong desire to slip down and see if the big portmanteau and packing-cases were really in the hall. She seemed to remember tumbling over them when she went to bed, for the aunts had sent her off very punctually, because they wanted their pet nephew all to themselves.

The sun was shining, and Rose opened her window to let in the soft May air fresh from the sea. As she leaned over her little balcony, watching an early bird get the worm, and wondering how she should like Uncle Alec, she saw a man leap the garden wall and come whistling up the path. At first she thought it was some trespasser, but a second look showed her that it was her uncle returning from an early dip into the sea. She had hardly dared to look at him the night before, because whenever she tried to do so she always found a pair of keen blue eyes looking at her. Now


text:
Page:The Up-to-Date Sandwich Book.djvu/192

 MEAT— Continued

Chicken No. 2 82

Chicken No. 3 82

Chicken No. 4 83

Hot Chicken 83

Chicken Liver 83

Pressed Chicken 84

Jellied Chicken 84

Cream of Chicken 85

Chicken and Egg 85

Chicken Surprise 86

Chicken and Ham 86

Chicken and Ham (Club) 86

Chicken and English

Walnut 87

Chicken and Almond 87

Chicken and Green Pepper 88

Aspic Jelly 88

Reception 89

Queen 89

French Roll 89

Creole 90

Windsor 90

Biscuit 91

Saratoga 91

Sheridan Park Club 92

Colonial (Club) 92

Chicken and Pate de Foie Gras 93

Chicken Biscuit Finger 93

Pressed Mock Chicken 94

Country Club 94

Chicago Club 95

Turkey 95

Hot Turkey 95

Turkey Club 96

Game 96

Truffle 96

Head Cheese 97

Sweetbread 97

Sausage. 97

German Bologna 98

Frankfurt Sausage 98

Salami (Italian Sausage) 98

Pate de foie gras 99

Pate de foie gras No. 2. 99 Pate de foie gras No. 3. 100

Imitation Pate de foie gras 100

CHEESE

American Cheese 103

American No. 2 103

American No. 3 1 03

American No. 4 1 04

Cheese Rare-bit 1 04

Brown Bread and American Cheese 105

Brown Bread and American Cheese No. 2 ... 105

Fried Cheese 1 05

ESE

Neufchatel 106

Neufchatel and Nut ... 1 06

Neufchatel and Olive ... 1 06

Harlequin 107

Berlin 107

Limburger Cheese 107

Roquefort 1 08

German Club 1 08

Parmesan 1 08

Parmesan and Radish. . 1 09

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


text:
Page:Government of the Russian Federation v Commonwealth of Australia.pdf/5

 JAGOT J.

A new Act

1 On 15 June 2023 at 4.26 pm, a statute, the Home Affairs Act 2023 (Cth) ("the Act"), commenced. That statute has three substantive provisions. The first, s 5, provides that:

""A relevant lease, and any legal or equitable right, title, interest, trust, restriction, obligation, mortgage, encumbrance, contract, licence or charge, granted or arising under or pursuant to a relevant lease, or in dependence on a relevant lease, is terminated by force of this section on the commencement of this section.""

2 A "relevant lease" is defined in s 4 of the Act to mean:

""… any lease owned or held in respect of the land at the commencement of this Act.""

3 "Land" is defined to mean:

""Block 26, Section 44 in the Division of Yarralumla, as delineated on Deposited Plan Number 10486 in the Office of the Registrar of Titles at Canberra in the Australian Capital Territory.""

4 Section 6(1) of the Act provides that:

""If the operation of this Act would result in an acquisition of property to which paragraph 51(xxxi) of the Constitution applies from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.""

5 Section 6(2) provides a mechanism for the determination of that amount of compensation by proceedings in either the High Court of Australia or the Federal Court of Australia.

6 Section 7(1) provides that:

"Subject to subsection (3), this Act:

 * (a) has effect despite any other law of the Commonwealth or of a State or Territory (whether written or unwritten)".


text:
Page:The Up-to-Date Sandwich Book.djvu/193

 CHEESE — Continued

Parmesan and Celery 109

Seafoam 110

French Cheese 110

Morocco 110

Club House 111

Cottage 111

Cottage No. 2 112

Gruyere 112

Cottage and Olive 112

Bohemian 113

Dutch 113

Waukesha Cheese 113

Imperial Cheese 114

Swiss Cheese 114

Swiss Cheese No. 2 .... 114

Green Cheese 115

Swiss and Nut 115

Cream Cheese and Olive 115

Cream Cheese and Olive No. 2 116

Dairy 116

Cream Cheese and Pimolas 116

Cream Cheese and Pineapple 117

Cream Cheese and Walnut 117

Cream Cheese and Nut 117

Cream Cheese and Beet 118

Cream Cheese and Cucumber 118

Cream Cheese and Guava

Jelly 118

Cream Cheese and Green

Pepper 119

Cream Cheese and Parsley 119

Cream Cheese and Lettuce 119

Cream Cheese and Bar-le-Due Currant 120

Toasted Wafers with Cream Cheese 120

Russian 121

Oriental 121

Dainty Cheese 121

Macaroon 122

Fairmont 122

Italian 123

Buffet 123

Bummers Custard Sandwich 123

NUT

English Walnut 127

English Walnut No. 2. 127

English Walnut No. 3. 127

English Walnut and Fig 128

English Walnut and Ginger 128

English Walnut and Raisin 129

English Walnut and Date 129

Salted English Walnut 129

Black Walnut 130


text: Index:Artists of the Rockport Art Association (IA artrockpor00rock).djvu


text: Page:Artists of the Rockport Art Association (IA artrockpor00rock).djvu/2


text:
Page:The Up-to-Date Sandwich Book.djvu/194

NUT Continued Chestnut 130

Pecan 130

Pecan No. 2 131

Pecan No. 3 131

Pecan and English Walnut 131

Hickory Nut 132

Hickory Nut and Cheese. 132

Peanut 132

Peanut No. 2. 133

Peanut No. 3. 133

Peanut No. 4. 133

Peanut and Banana 134

Peanut Mayonnaise 134

Almond 135

Almond No. 2 135

Almond No. 3 135

Almond and Celery 136

Almond and Lemon 136

Toasted Almond 136

SWEET

Orange 139

Orange Marmalade 139

Orange Marmalade No. 2. 139

Dainty Ribbon 140

Gem 140

Lemon 140

Fruit 141

Strawberry 141

Grape 141

Red Raspberry 142

Apple 142

Apple No. 2 142

Apple Butter 142

Pineapple 143

Cherry 143

Cherry No. 2 143

Candied Cherry 144

Candied Cherry No. 2 144

Cream & Candied Fruit 144

Cake & Candied Cherry 145

Tutti-Frutti 145

Banana 146

Banana No. 2. 146

Banana and Cherry 146

Banana Toast 147

Banana and Toasted Brown Bread 147

Oriental 147

Five O'clock Tea 148

Fig 148

Fig No. 2 148

Fig No. 3 149

Favorite 149

Fig and Nut 149

Fig and Nut No. 2 150

Fig and Roll 150

Lady Finger 150

Date and Fig 151

Date and Nut 151

Date and Orange 151

Raisin 152

Fruit Jelly 152

Jelly and Nut 153

Currant Jelly 153

Currant Jelly and English Walnut 153

Tomato Jelly 154


text:
Page:Government of the Russian Federation v Commonwealth of Australia.pdf/6

Jagot J.

7 Section 7(3) provides that:

""Nothing in this Act affects the status of the land as National Land under section 27 of the Australian Capital Territory (Planning and Land Management) Act 1988.""

8 By s 7(2), it is specified that "[w]ithout limiting subsection (1), this Act has effect despite" any provision of a series of other Acts and Ordinances, including, relevantly:

""(c) the Consular Privileges and Immunities Act 1972;

(d) the Diplomatic Privileges and Immunities Act 1967;

(e) the Foreign States Immunities Act 1985"."

The GRF's case

9 On 23 June 2023, the Government of the Russian Federation, which I will refer to as the "GRF", filed a summons, a notice of a constitutional matter, and an interlocutory application. In the summons, the substantive relief sought is a declaration of constitutional invalidity of the Act. It is alleged that the Act is not supported by a head of legislative power and is contrary to s 51(xxxi) of the Constitution by reason of an alleged failure to provide for the acquisition of property only on just terms. The alternative relief sought is a declaration that the operation of the Act results in an acquisition of property to which s 51(xxxi) of the Constitution applies from the GRF otherwise than on just terms, such that the Commonwealth is liable to pay a reasonable amount of compensation to the GRF.

10 The interlocutory application seeks interim relief pending the determination of the application for declarations as to the invalidity or otherwise of the Act. The GRF, through its counsel, offers a series of undertakings, in effect being: (a) the usual undertaking as to damages; (b) to pursue the proceeding "in a timely manner for … its expeditious resolution"; (c) to maintain and keep the Land in a good condition and "bear full responsibility for any damage to the Land or its improvements and for any injury or loss suffered by any entrants to the Land on or after 16 June 2023"; (d) to indemnify the Commonwealth "in relation to any claims against" the Commonwealth for any such damage or injury or loss; (e) to "not carry out any further work on the Land … other than carrying out general maintenance … without the [Commonwealth's] prior written approval"; and (f) not to "remove any items or chattels from the Land other than that required to maintain and keep the Land in good condition".

11 On the basis of those undertakings, the GRF seeks an interim order that the Commonwealth, by its servants and agents, be restrained, until further order of the Court, from:


text: Page:Artists of the Rockport Art Association (IA artrockpor00rock).djvu/184


text:
Page:The Up-to-Date Sandwich Book.djvu/195

 Quince Jelly and Nut 154

Quince Jelly 154

Gooseberry Jam 155

Claret Jelly 155

Marbled Bread 155

Banana 156

Marron 156

Honey 156

Honey and Banana 156

French Tea 157

Dainty Peanut 157

Veranda 157

Puff Paste 158

Dream 158

Chocolate 158

Chocolate and Nut 159

Maple Cream 159

Maple Sugar 1 59

Log Cabin 1 60

Ginger 1 60

Ginger and Orange 160

Chestnut and Prune 161

Hallowe'en 161

India 162

Whipped Cream 162

School 162

Cocoanut 163

Cocoanut No. 2 163

Nut and Fruit 164

Fudge 164

Violet 165

Rose-Leaf 165

Clover 165

Nasturtium 166

Chinese Nut 166

Cream 166

Boston Baked Bean 169

New England 169

Mexican 169

Potato 170

Potato and Ham 170

Rice 170

Popcorn 171

Dyspeptic 171

Mosaic 172

Sandwich Rolls 172

Canapes 175

Caviare 175

Herring 175

Anchovy 176

Lobster 176

Crab 176

Sardine 177

Sardine No. 2 177

Sardellen 177

Salmon 178

Fish 178

Ham 178

Ham No. 2 179

Bacon 179

Tongue 179

Chicken 180

Nut and Olive 180

Tomato and Cucumber 180


text:
Page:Public Service (Disciplinary) Regulation (Executive Order 2 of 1997).pdf/1

Rh PART I '''1. Commencement'''

This Regulation shall be deemed to have come into operation on 1 July 1997.

2. Interpretation

In this Regulation—

“legally qualified officer” (具有法律專業資格的人員) means any officer who is a solicitor or barrister within the meaning of section 2 of the Legal Practitioners Ordinance (Cap. 159);

“Master Pay Scale” (總薪級表) means the scale under the heading “Master Pay Scale” in the Civil Service Pay Scales published by the Secretary;

“MOD 1 Pay Scale” (第一標準薪級表) means the scale under the heading “Model Scale 1” in the Civil Service Pay Scales published by the Secretary;

“Order” (《命令》) means Public Service (Administration) Order 1997 (Executive Order No. 1 of 1997);

“Secretary” (局長) means the Secretary for the Civil Service. PART II '''3. Disciplinary procedures applicable to Category A Officers'''

This Part applies to Category A Officers only.

4. Officer to be given chance to exculpate himself

(1) The Chief Executive shall, before he orders an investigation for the purpose of section 9 or 10 of the Order—


text: Page:The Up-to-Date Sandwich Book.djvu/7


text:
Page:Government of the Russian Federation v Commonwealth of Australia.pdf/7

Jagot J

""(a) re-entering the Land; and

(b) taking any steps to re-lease the Land.""

12 In communications between the parties before the hearing this morning, the Commonwealth stated to the GRF that in order to preserve the utility of any final orders that this Court may make, the Commonwealth will not re-lease the Land before the challenge to the validity of the Act is resolved, or remove, damage or destroy any buildings on the Land. It is apparent that this offer by the Commonwealth is not to the satisfaction of the GRF, which continues to press for the interim orders. It is apparent from this that the real dispute between the parties is that the GRF wishes to remain in possession of the Land pending the determination of its challenge to the validity of the Act.

13 The GRF relies on two affidavits. The first affidavit is of Dr Alexey Pavlovsky, who is the Ambassador of the Russian Federation in Australia and has held this role since 20 May 2019. Dr Pavlovsky provides information about the lease of the Land which was granted to the Embassy of the Russian Federation in Australia in or about 2008. Dr Pavlovsky also deposes to the construction works which have been carried out on the Land – in short, the first stage works have been completed, which includes the construction of the consular building and security checkpoint, as well as a new transformer substation and on-site utilities, the completion of cladding of a perimeter fence, and landscaping works. Stage two has not yet been constructed. Stage two would include the construction of the Embassy building.

14 There is evidence in Dr Pavlovsky's affidavit that in 2022 the National Capital Authority issued a purported termination of the lease. This led to proceedings in the Federal Court of Australia, in which the GRF challenged the termination of the lease. Those proceedings were resolved by consent. Pending the resolution of those proceedings, the GRF, by agreement with the Commonwealth, remained in possession of the Land.

15 According to Dr Pavlovsky, the GRF has expended approximately US$5.5 million on construction works and has at all times had a presence on the Land and closely supervised the construction works being undertaken on the Land to ensure the integrity of the Embassy complex once it is constructed. Dr Pavlovsky deposes to the fact that:

""The GRF wishes to maintain possession of the Land pending the outcome of the High Court proceedings to ensure the integrity and security of the consular building and the embassy complex.""


text:
Page:Public Service (Disciplinary) Regulation (Executive Order 2 of 1997).pdf/2

Rh :(a) notify the officer of the grounds on which it is proposed to order an investigation;
 * (b) call upon the officer to state in writing, within such reasonable period as the Chief Executive may specify, any grounds upon which he relies to exculpate himself.

(2) If the officer—
 * (a) does not furnish any such statement within the time specified by the Chief Executive; or
 * (b) fails to exculpate himself to the satisfaction of the Chief Executive,

the Chief Executive may order an investigation under section 9 or 10 of the Order.

5. Investigation under section 9 of the Order

(1) An investigation ordered by the Chief Executive for the purpose of section 9 of the Order shall be conducted by an investigating officer appointed by the Chief Executive.

(2) An investigating officer appointed pursuant to subsection (1) shall be a public servant who is senior to the officer who is the subject of the investigation.

6. Investigation under section 10 of the Order

(1) An investigation ordered by the Chief Executive for the purpose of section 10 of the Order shall be conducted by an investigating committee appointed by the Chief Executive.

(2) An investigating committee appointed pursuant to subsection (1) shall consist of 2 or more public servants who are senior to the officer who is the subject of the investigation.

7. Procedure for investigations

(1) An investigation ordered by the Chief Executive for the purpose of section 9 or 10 of the Order shall be conducted—
 * (a) in accordance with the procedures as set out in this Regulation and the Schedule and any directions given by the Chief Executive under section 21(3) of the Order;
 * (b) where the procedures in this Regulation and the Schedule cannot be applied, in accordance with such procedures as the investigating officer or the investigating committee, as the case may be, shall determine.


text:
Page:Public Service (Disciplinary) Regulation (Executive Order 2 of 1997).pdf/3

Rh (2) The investigating officer or investigating committee shall, on the completion of investigation, make a report to the Chief Executive, which shall contain—
 * (a) a record of the proceedings;
 * (b) such findings of fact as the investigating officer or investigating committee may consider relevant; and
 * (c) the opinion of the investigating officer or investigating committee as to whether to whether or not the facts amount to misconduct.

8. Hearings

(1) The investigating officer or the chairman of an investigating committee, carrying out an investigation for the purpose of section 9 or 10 of the Order shall, by written notice to the officer—
 * (a) require the officer to appear before the investigating officer or investigating committee at the time and place specified in the notice;
 * (b) require the officer to produce at the time and place specified in the notice any witnesses and other evidence whom or which he wishes to present in his defence; and
 * (c) inform the officer of the alleged misconduct in respect of which he is to be investigated.

(2) The officer, for the purpose of an investigation under section 9 or 10 of the Order, shall—
 * (a) be entitled to know the whole case against him;
 * (b) be afforded an adequate opportunity of making his defence, either orally or in writing, as he may prefer;
 * (c) be given an adequate opportunity to question any witnesses.

(3) The officer may be assisted in his defence by—
 * (a) another public servant, other than a legally qualified officer, who may be a representative member of a staff association represented on the Senior Civil Service Council; or
 * (b) such other person as the Chief Executive may authorize.

(4) The investigating officer or investigating committee may enquire into any matter and admit and take into account any evidence or information which the investigating officer or investigating committee considers relevant, and shall not be bound by any rules of evidence.

(5) The enquiries should not be conducted with undue formality and while there is no standard practice which would be applicable to every case, it is emphasised that the investigating officer or investigating committee is not exercising a legal function, but rather ascertaining the facts.


text:
Author:William Adam

Works

 * Adam's Reports on Vernacular Education in Bengal and Behar

title: Author:William Adam


text:
Page:Government of the Russian Federation v Commonwealth of Australia.pdf/8

Jagot J

16 According to Dr Pavlovsky:

""In the event that:
 * a. the Commonwealth were to retake possession of the Land pending the outcome of the proceedings before the High Court; and

 * b. the GRF is successful in the proceedings""

the GRF would then be "highly likely to demolish the improvements already constructed on the Land to protect its interests".

17 The other affidavit on which the GRF relies is from a solicitor for the GRF, who has attached a newspaper article published on the Sydney Morning Herald website at about 10.22 am, which contains a quote:

""Prime Minister Anthony Albanese says, 'a bloke standing on a bit of grass' on the site where the government cancelled the lease of a second Russian embassy in Canberra does not represent a national security threat.""

18 Before the Act was passed and commenced, there was an Explanatory Memorandum prepared for the Home Affairs Bill 2023 (Cth). It contains a statement as follows :

""The object of the Bill is to protect Australia's national security interests with regard to land within the area adjacent to Parliament House.""

19 The Second Reading Speech for the Act records that the Bill establishes "an act for the termination of the lease held by the government of the Russian Federation on a parcel of land adjacent to Parliament House", and that "[t]his action does not preclude the Russian Federation from a diplomatic presence here in Canberra, which they maintain at their existing premises, in Griffith, Australian Capital Territory. The termination of the lease has no impact on their Griffith site. This legislation is consistent with Australia's obligations under international law."

20 The submissions made on behalf of the GRF are to the effect that the Act is not supported by a Commonwealth head of power because it is, in substance, a law with respect only "to the 'relevant lease'" or, more generally, is "a law with respect to property" in circumstances where the Commonwealth does not have a constitutional head of power as to either the relevant lease or property more


text:
Page:Public Service (Disciplinary) Regulation (Executive Order 2 of 1997).pdf/4

Rh (6) If an officer under investigation fails to attend as required by a notice issued under subsection (1), and at such other subsequent times and places as the investigating officer or investigating committee may require, orally or in writing, the investigation may continue in his absence and the provisions of subsection (2) shall be deemed to have been complied with.

(7) In this section, “Senior Civil Service Council” (高級公務員評議會) means the central consultative forum consisting of representatives from the Administration and representatives from staff associations namely the Hong Kong Chinese Civil Servants’ Association, the Senior Non-Expatriate Officers Association and the Association of Expatriate Civil Servants of Hong Kong.

9. Reference back

The Chief Executive may, after considering a report submitted by an investigating officer or investigating committee, without prejudice to his power to inflict punishment under section 9 or 10 of the Order—
 * (a) require the investigating officer or investigating committee to make such further investigation as the Chief Executive may order; or
 * (b) require the investigating officer or investigating committee to answer such questions or ascertain such facts as the Chief Executive may require.

10. Change of proceedings from section 9 to section 10 of the Order

If during or after an investigation for the purpose of section 9 of the Order, the Chief Executive considers that proceedings should be taken under section 10 of the Order, the Chief Executive may direct that the investigation under section 9 of the Order should be discontinued and that proceedings under section 10 of the Order should be instituted. PART III 11. Disciplinary procedures applicable to Category B Officers

(1) This Part applies to Category B Officers only.

(2) Sections 12 to 14, in addition to applying to Category B Officers also apply to other public servants.


text:
Page:Government of the Russian Federation v Commonwealth of Australia.pdf/9

Jagot J

generally; and further, that the termination of the relevant lease by the Act "is not for a purpose in respect of which the Parliament has power to make laws". Otherwise, the GRF submits that the Act is contrary to s 51(xxxi) of the Constitution because by terminating the lease the Commonwealth acquired property and therefore just terms must be provided for the Act to be valid and, at present, the Act does not provide for just terms because s 6(1) is conditional. The section provides only that "[i]f the operation of this Act would result in an acquisition of property" then "the Commonwealth is liable to pay a reasonable amount of compensation".

21 The GRF also submits that this Court should grant it the interim relief because the balance of convenience and interests of justice favour that grant. In this regard, the GRF relies on the affidavit of Dr Pavlovsky to the effect that if it does not remain in possession of the Land, the GRF "will necessarily incur great expense demolishing the improvements and undertaking replacement construction works" which will also absorb further time under its lease. On the other hand, according to the GRF, the Commonwealth will suffer no prejudice because on the last occasion when the lease was purported to have been terminated, the GRF was allowed to remain in possession of the Land. The GRF submits that there has been no change in circumstances between the purported termination of the lease and the present day.

22 In its submissions, the GRF emphasises that: in truth, this is a dispute between two parties; there would be no public detriment occasioned by it remaining in possession of the Land pending the outcome of the dispute; the undertakings it proffers ensure that the status quo would be maintained; the Prime Minister has already stated that there was no security risk from a person remaining on the Land; and, as I have already mentioned, the GRF considers it would have to demolish the buildings on the Land if the Commonwealth were to take possession and the GRF was ultimately successful in its challenge to the validity of the Act.

23 The GRF further submits that it is important that the Land remained National Land, that is, land available to be leased for embassy purposes. According to the GRF, this, amongst other things, demonstrates that the Act does not relate to any public purpose of the Commonwealth, thereby supporting the GRF's case that there is no support for the Act in any relevant head of Commonwealth power. It also submits that no explanation had been proffered for the apparent change in the Commonwealth's position from that in 2022 where, despite a purported termination of the lease, the Commonwealth was willing to enable the GRF to remain in possession of the Land pending the determination of the proceedings, thereby preserving the status quo.


text:
Page:Hill - Salads, Sandwiches, and Chafing-Dish Dainties.djvu/157

— Hegel.

— Sir Philip Sidney.

113


text:
Page:Raggedy Ann Stories.pdf/5

 RAGGEDY ANN STORIES

title: Page:Raggedy Ann Stories.pdf/5


text:
Page:Government of the Russian Federation v Commonwealth of Australia.pdf/10

Jagot J

Consideration

24 The difficulty for the GRF in relation to the current application is that there has been a material change in circumstances between 2022 and the present date. The material change in circumstances is the commencement of the Act itself, which provides, by legislation, for termination of the lease.

25 The Commonwealth has provided detailed written submissions in support of its position that the interlocutory application should be refused both because the GRF has failed to establish a prima facie case or a serious question to be tried, and because there are no compelling circumstances that would support an interlocutory injunction to restrain the enforcement of a statute.

26 As the Commonwealth has pointed out, in order to establish a prima facie case, the GRF must show that it has a sufficient likelihood of success to justify the preservation of the status quo pending the trial, and the required strength of that likelihood of success depends, at least in part, upon the nature of the rights that the GRF seeks to assert and the practical consequences likely to flow from the orders sought.

27 Australian Broadcasting Corporation v O'Neill refers to the decision of Mason A-CJ in Castlemaine Tooheys Ltd v South Australia in respect of interlocutory injunctions pending the determination of the validity of legislation. In Castlemaine Tooheys Ltd, Mason A-CJ said :

"The decisions in this Court to which I have already referred demonstrate that there are a variety of situations in which the Court, on a proper balance of convenience, will restrain enforcement of a statute in aid of a plaintiff's constitutional right. In arriving at a balance of convenience the Court will take into account the seriousness of the conduct enjoined by the statute and the damage to the public interest that may be caused by restraining its enforcement. And in some cases the balance of convenience may be affected by the Court's perception or evaluation of the strength of the plaintiff's case for invalidity. But, subject to these qualifications there can be no reason to doubt the correctness of the general thrust of the comments in the passage which I have quoted. In the absence of compelling grounds,


text: File:Esperanto Self-Taught.pdf

title: File:Esperanto Self-Taught.pdf


text:
Page:Government of the Russian Federation v Commonwealth of Australia.pdf/11

Jagot J

it is the duty of the Court to respect, indeed, to defer to, the enactment of the legislature until that enactment is adjudged ultra vires."

28 In this case, the enactment of the legislature, the Act, provides for immediate termination of the lease. The balance of convenience is affected by the perceived strength of the prima facie case. I do not perceive the GRF's case for invalidity of the Act to be a strong one. Indeed, it is difficult to identify a serious question to be tried in circumstances where there are several constitutional heads of power which, prima facie at least, would appear to provide ample support for the terms of the Act. These include s 122 of the Constitution, s 51(xxix) of the Constitution with respect to "external affairs", and, of course, s 51(xxxi) itself.

29 As the Commonwealth has also submitted, insofar as the GRF relies on a proposed absence of just terms, it is difficult to understand that proposition merely from the conditional character of s 6(1) of the Act. Section 6(1), in terms, provides that if there has been such an acquisition of property, then reasonable compensation will be paid. In these circumstances, my preliminary evaluation is that the case for relief is, as I have said, difficult to understand on the basis of the submissions that have been put to date.

30 Be that as it may, there is also the problem that the GRF does not confront the reality of the fundamental change in circumstances between the position in 2022 when the Commonwealth permitted the GRF to remain in possession of the Land, and the position as at today's date. The change in circumstances is the legislative action that the Commonwealth has taken through the provisions of the Act to terminate the lease in the clearest possible terms.

31 In those circumstances, I accept the submission for the Commonwealth that, based on the reasoning of Mason A-CJ in Castlemaine Tooheys Ltd, there would need to be compelling grounds in order to grant the GRF the relief it seeks in its application.

32 In respect of the other issues which the GRF has raised, I also accept the submission for the Commonwealth that the evidence provided in relation to what is described as the "integrity and security" of the buildings is too vague and nebulous to provide any particular evidence of irreparable damage to the GRF. I accept also that insofar as this might be recourse to some kind of submission about the GRF's own national security interests, the Court cannot purport to balance the weight between what might be the national security interests of the GRF and what might be the national security interests of the Commonwealth.


text:
Page:Government of the Russian Federation v Commonwealth of Australia.pdf/12

Jagot J

33 In any event, it seems to me that this is, as it were, "by the by" in that the GRF has not referred to anything other than its desire to maintain the "integrity and security" of its buildings. There is no meaningful evidence to explain why the GRF takes the view that it would need to destroy the buildings and, as the Commonwealth has submitted, if that ultimately turns out to be the case then that is a decision wholly within the control of the GRF. Further, the evidence is clear that this (the possible destruction of the buildings) assumes that the GRF would be successful in the overall proceedings and therefore involves a contingency.

34 Overall, however, effect must be given to the clear provisions of the Act in which the Parliament has made the decision to terminate the lease and all interests without any temporal delay or other reservation of rights. In these circumstances, it is the terms of the Act itself which both constitute the radical change in circumstances from the previous position and indicate that there is no proper foundation for the granting of the interlocutory injunction as sought by the GRF.

35 For these reasons, I accept the submissions of the Commonwealth that the interests which the GRF has identified in its affidavits and otherwise through the submissions put on its behalf are plainly outweighed by the interest in not preventing the operation of the Act, the sole function of which is to terminate the GRF's interests in the Land, according to the Explanatory Memorandum and Second Reading Speech, for national security reasons. It is immaterial that those reasons are not referred to in terms on the face of the Act.

36 As the Commonwealth has further submitted, it is not to the point that the Commonwealth may not have identified an immediate purpose for which it requires the Land, given that the Commonwealth has a clear sovereign interest in being able to determine that the Land will not be occupied by the GRF, and has done so in the provisions of the Act.

37 In these circumstances, the appropriate orders which should be made are that:

1. The application filed 23 June 2023 be dismissed.

2. The costs of the application filed 23 June 2023 be costs in the cause.


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Rh '''12. Service etc. of documents'''

Any notice or other document required to be served on or given to an officer in connection with any investigation into allegation of misconduct may be served or given by being—
 * (a) given to him personally;
 * (b) sent by registered post to his last known address; or
 * (c) left at his last known address.

13. Officers charged with criminal offences

(1) An officer against whom criminal proceedings are being instituted shall forthwith report the fact to the Head of his Department. In the case of an officer who is himself the Head of Department, he shall report the proceedings to the Secretary.

(2) The Head of Department shall forthwith inform the Secretary of the institution of criminal proceedings against any officer of his department, unless the offence, in his opinion, is of a minor nature and—
 * (a) does not reflect adversely on the character of the officer; and
 * (b) is not likely to bring the public service into disrepute,

and in the period of 12 months immediately preceding the date of institution of criminal proceedings the officer has either not been convicted or been convicted once only of a similar offence.

14. Salary to be withheld on conviction

(1) Subject to subsection (5), the salary of an officer who is convicted of a criminal offence shall be withheld from the date of conviction—
 * (a) if the officer has been sentenced to imprisonment, whether or not he lodges an appeal; or
 * (b) if, in the opinion of the Secretary, the conviction may lead to the dismissal of the officer.

(2) An officer’s Head of Department shall notify the Secretary of the result of any criminal proceedings taken against the officer.

(3) Subject to subsection (5), the Director of Accounting Services shall withhold the salary of an officer, pending further consideration of the officer’s case, if the Secretary informs him-
 * (a) that the officer has been sentenced to imprisonment; or
 * (b) that the officer has been convicted of a criminal offence and that the conviction, in the opinion of the Secretary, may lead to dismissal of the officer.

(4) An officer whose salary has been withheld under this section shall cease to perform any duties of his office.


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Rh (5) An officer whose salary has been withheld under this section may be allowed to receive such portion of his salary as the Secretary shall think fit.

15. Disciplinary proceedings

(1) An officer to whom this section applies shall, with regard to disciplinary proceedings and matters connected therewith, be dealt with—
 * (a) in accordance with the terms of any contract between the officer and the Government; and
 * (b) insofar as the terms of such a contract do not so provide, in accordance with sections 7 to 18 of the Order and any regulations made by the Chief Executive in relation to such proceedings and matters.

(2) The Secretary may, either generally or as regards the particular case, modify the sections and regulations referred in subsection (1)(b).

16. Punishment

(1) The Secretary may impose any punishment on any officer to whom this section applies whose substantive salary is on or above point 14 on the Master Pay Scale or the nearest point thereto on any other salary scale.

(2) The Head of Department of an officer to whom this section applies whose substantive salary is below point 14 on the Master Pay Scale or the nearest point thereto on any other salary scale may impose any punishment on any such officer.

(3) The powers conferred on a Head of Department in subsection (2) may not be delegated without the approval in writing of the Secretary.

(4) In this section, “Head of Department” (部門首長) means Head of Grade in the case of an officer who is a member of a general grade.

 17. Fines for minor offences committed by officers remunerated on the MOD 1 Pay Scale

(1) In addition to the powers conferred by section 16, a Head of Department may without formal investigation impose fines, for the following minor offences, on officers remunerated on the MOD 1 Pay Scale—


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Rh

(2) If the amount of a fine imposed on an officer is not paid within 1 month from the date upon which a demand note for the amount is issued, the Head of Department may authorize its deduction from the officer’s salary or from any other sums due from the Government to him or his estate.

(3) A Head of Department may delegate in writing the powers conferred by subsections (1) and (2) to such officers as may be approved by the Secretary.

18. Absence without leave; liability to dismissal

(1) If an officer to whom this section applies—
 * (a) is absent from duty without reasonable cause;
 * (b) wilfully refuses to perform his duty; or
 * (c) wilfully omits to perform his duty,

in such circumstances that the Secretary is satisfied that the officer has or has effectively vacated his post without permission, whether permanently or temporarily, the officer may be summarily dismissed by the Secretary with effect from the date of the beginning of his absence or of his wilful refusal or omission.

(2) The powers conferred on the Secretary by subsection (1) may be exercised, in the case of such an officer whose substantive salary is less than point 14 on the Master Pay Scale or on a point nearest thereto on any other salary scale, by the officer’s Head of Department.

(3) The powers conferred on a Head of Department in subsection (2) may not be delegated without the approval in writing of the Secretary.

19. Certain officers excluded from the application of this Part

This Part does not apply to officers belonging to any bureau or department of the Government of HKSAR whose conduct is governed by any Ordinance.


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Author:William Walter Mann

Works

 * Esperanto Self-Taught (1908)

title: Author:William Walter Mann


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Rh Rh PART A I Preliminary 1. The officer alleged to have been guilty of misconduct (“the officer”) shall be given—
 * (a) a copy of Part A of this Schedule: and
 * (b) a copy of any document which it is proposed to put in evidence to support the charge.

2. No document shall be put in evidence against the officer unless a copy has been given to him or he has had access to it. II Procedure The following procedure shall be followed—

3. The investigating officer records—
 * (a) the attendance of any officer appointed by the Secretary to assist the investigating officer (“the assisting officer”);
 * (b) the attendance of—
 * (i) a public servant who is not a legally qualified officer; or
 * (ii) other person authorized by the Chief Executive,

to assist the officer in his defence (“the friend of the officer”).

4. The investigating officer reads the charge.

5. The officer is informed—
 * (a) that he may admit or deny the whole or part of any charge;
 * (b) that he or the friend of the officer will have an opportunity of questioning any witness;
 * (c) that he may make an oral or written statement and call witnesses;
 * (d) that he or the friend of the officer will have an opportunity to address the investigating officer at the end of the proceedings.

6. Without prejudice to the power of the investigating officer to ask questions at any time during the investigation, the investigating officer may, after the officer has been informed of the matters referred to in paragraph 5, ask the officer whether he admits particular facts (for example, that he was a public servant at the material time, that photographs or other documents are accurate). Any such admission shall be recorded by the investigating officer.

7. The witnesses against the officer are called by the assisting officer and they are questioned by the assisting officer and the officer or the friend of the officer, and further questioned by the assisting officer.

8. The evidence of any witness may, at the discretion of the investigating officer, be taken by showing the witness a statement made by him, asking him whether it is correct and whether he wishes to alter any part of it or add to it. The statement shall then be admitted in evidence and any corrections noted on it by the investigating officer. The witness may then be questioned by the officer, or the friend of he officer, and thereafter further questioned by the assisting officer.


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Rh 9. At the conclusion of the evidence in support of the charge, the officer is asked by the investigating officer if he wishes to make an oral or written statement in his defence. Any oral statement so made shall be recorded by the investigating officer. The officer may then be questioned by the assisting officer.

10. The witnesses for the officer are called by the officer and they are questioned by the officer or the friend of the officer and the assisting officer, and further questioned by the officer or the friend of the officer.

11. At the conclusion of the evidence—
 * (a) the assisting officer may address the investigating officer if the investigating officer so requests; and
 * (b) the officer or the friend of the officer shall have the right to address the investigating officer orally or in writing.

12. Thereafter the investigating officer prepares the report to be submitted to the Chief Executive. The investigating officer may add to his report recommendations regarding departmental procedures if he considers such recommendations to be warranted. III Miscellaneous 13. The evidence of witnesses shall not be taken on oath.

14. It is the function of the investigating officer to examine the charge and all the circumstances surrounding it thoroughly. For this purpose the investigating officer shall put such questions as he may think fit to the officer, any witness or the assisting officer.

15. The investigating officer may—
 * (a) call such witnesses; and
 * (b) require the production of such documents,

as he thinks fit.

16. The investigating officer shall make a record of the proceedings and include it as part of the report which he is required to submit to the Chief Executive under this Regulation.

17. The investigating officer shall ensure that any evidence given in a language which the officer does not understand is interpreted to him. The investigating officer may record evidence in the language in which it is given or may record it in English or Chinese and shall certify it to be correct.

18. If during the investigation, further grounds of misconduct are disclosed, the investigating officer shall adjourn the proceedings and refer them to the Chief Executive. If the Chief Executive decides that an investigation into these grounds shall be carried out by the investigating officer, the officer shall be furnished with a written statement of the grounds and the procedure outlined in the foregoing paragraphs shall apply with such modifications as are necessary.

19. The investigating officer may—
 * (a) on his own motion; or
 * (b) at the request of the officer if the investigating officer considers it reasonable,

adjourn the investigation for such period as he thinks fit.

20. The report of the investigating officer shall be sent to the Secretary who shall arrange for a copy of the report to be sent to the officer.


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Rh PART B I Preliminary 1. The officer alleged to have been guilty of misconduct ("the officer") shall be given—
 * (a) a copy of Part B of this Schedule; and
 * (b) a copy of any document which it is proposed to put in evidence to support the charge.

2.No document shall be put in evidence against the officer unless a copy thereof has been given to him or he has had access thereto. II Procedure The following procedure shall be followed—

3. The investigating committee assembles and records—
 * (a) the attendance of any officer appointed by the Secretary to assist the investigating committee (“the assisting officer”);
 * (b) the attendance of—
 * (i) a public servant who is not a legally qualified officer; or
 * (ii) other person authorized by the Chief Executive,

to assist the officer in his defence (“the friend of the officer”).

4. The Chairman of the investigating committee ("the Chairman") reads the charge.

5. The officer is informed—
 * (a) that he may admit or deny the whole or part of any charge;
 * (b) that he or the friend of the officer will have an opportunity of questioning any witness;
 * (c) that he may make an oral or written statement and call witnesses;
 * (d) that he or the friend of the officer will have an opportunity to address the investigating committee orally or in writing at the end of the proceedings.

6. Without prejudice to the power of the investigating committee to ask questions at any time during the investigation, the Chairman may, after the officer has been informed of the matters referred to in paragraph 5, ask the officer whether he admits particular facts (for example, that he was a public servant at the material time, that photographs or other documents are accurate). Any such admission shall be recorded by the Chairman.

7. The witnesses against the officer are called by the assisting officer and they are questioned by the assisting officer and the officer or the friend of the officer, and further questioned by the assisting officer.

8. The evidence of any witness may, at the discretion of the Chairman, be taken by showing the witness a statement made by him, asking him whether it is correct and whether he wishes to alter any part of it or add to it. The statement shall then be admitted in evidence and any corrections noted on it by the Chairman. The witness may then be questioned by the officer or the friend of the officer, and thereafter further questioned by the assisting officer.


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Rh 9. At the conclusion of the evidence in support of the charge, the officer is asked by the Chairman if he wishes to make an oral or written statement in his defence. Any oral statement so made shall be recorded by the Chairman. The officer may then be questioned by the assisting officer.

10. The witnesses for the officer are called by the officer and they are questioned by the officer or the friend of the officer and the assisting officer, and further questioned by the officer or the friend of the officer.

11. At the conclusion of the evidence—
 * (a) the assisting officer may address the investigating committee if the investigating committee so requests; and
 * (b) the officer or the friend of the officer shall have the right to address the investigating committee orally or in writing.

12. Thereafter the investigating committee prepares the report to be submitted to the Chief Executive. The report is signed by the Chairman and each member of the investigating committee. If there is a difference of opinion, the Chairman and each member shall furnish separate reports. The investigating committee may add to its report or reports recommendations regarding departmental procedures if it considers such recommendations to be warranted. III Miscellaneous 13. The evidence of witnesses shall not be taken on oath.

14. It is the function of the investigating committee to examine the charge and all the circumstances surrounding it thoroughly. For this purpose the Chairman and the member of the investigating committee shall put such questions as they may think fit to the officer, any witness or the assisting officer.

15. The investigating committee may—
 * (a) call such witnesses; and
 * (b) require the production of such documents,

as it thinks fit.

16. The investigating committee shall make a record of the proceedings and include it as part of the report or reports which it is required to submit to the Chief Executive under this Regulation.

17. The investigating committee shall ensure that any evidence given in a language which the officer does not understand is interpreted to him. The investigating committee may record evidence in the language in which it is given or may record it in English or Chinese and shall certify it to be correct.

18. If during the investigation further grounds of misconduct are disclosed, the investigating committee shall adjourn the proceedings and refer them to the Chief Executive. If the Chief Executive decides that an investigation into these grounds shall be carried out by the investigating committee, the officer shall be furnished with a written statement of the grounds and the procedure outlined in the foregoing paragraphs shall apply with such modifications as are necessary.

19. The investigating committee may—
 * (a) on its own motion; or
 * (b) at the request of the officer if the investigating committee considers it reasonable,

adjourn the investigation for such period as it thinks fit.

20. The report or reports of the investigating committee shall be sent by the Chairman to the Secretary who shall arrange for a copy of the report or reports to be sent to the officer.


text: Public Service (Disciplinary) Regulation


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(Lucianus, or Lycinus, as he sometimes calls himself) was born about 120, or perhaps a few years later, at Samosata, on the bank of the Euphrates, at that time the capital city of Commagene, and perhaps better known a century later from its heresiarch bishop, Paul. What we know of our author's life is chiefly gathered from incidental notices scattered through his numerous writings. Of his youthful days he has given what is probably a truthful account in a piece which he has entitled "The Dream." This appears to have been written in his successful later years (when men are most disposed to be open and honest about their early antecedents), and recited as a kind of prologue to his public readings of his works, before his fellow-citizens of Samosata. He tells us that his parents, who seem to have been in humble circumstances, held a council of the friends of the family to consult what should be done with their boy. They


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 came to the conclusion that a liberal education was not to be thought of, because of the expense. The next best thing, for a lad who had already no doubt given token of some ability, was to choose some calling which should still be of an intellectual rather than a servile character. This is his own account of what took place in the family council:—

"When one proposed one thing and one another, according to their fancies or experience, my father turned to my maternal uncle—he was one of the party, and passed for an excellent carver of Mercuries —'It is impossible,' said he, politely, 'in your presence, to give any other art the preference. So take this lad home with you, and teach him to be a good stone-cutter and statuary: for he has it in him, and is clever enough, as you know, with his hands.' He had formed this notion from the way in which I used to amuse myself in moulding wax. As soon as I left school, I used to scrape wax together, and make figures of oxen and horses, and men too, with some cleverness, as my father thought. This accomplishment had earned me many a beating from my schoolmasters; but at this moment it was praised as a sign of natural talent, and sanguine hopes were entertained that I should speedily become master of my new profession, from this early plastic fancy. So, on a day which was counted lucky for entering on my apprenticeship, to


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 my uncle I was sent. I did not at all object to it myself: I thought I should find the work amusing enough, and be very proud when I could show my playmates how I could make gods, and cut out other little figures for myself and my special friends. But an accident happened to me, as is not uncommon with beginners. My uncle put a chisel in my hand, and bid me work it lightly over a slab of marble that lay in the shop, quoting at the same time the common proverb, 'Well begun is half done.' But, leaning too hard upon it, in my awkwardness, the slab broke; and my uncle, seizing a whip that lay at hand, made me pay my footing in no very gentle or encouraging fashion; so the first wages I earned were tears."

"I ran off straight home, sobbing and howling, with the tears running down my cheeks. I told them there all about the whip, and showed the wheals; and with loud complaints of my uncle's cruelty, I added that he had done it all out of envy,—because he was afraid I should soon make a better artist than himself. My mother was extremely indignant, and vented bitter reproaches against her brother."

Of course, with the mother in such mood, we readily understand that young Lucian never went back to the shop. "I went to sleep," he says, "with my eyes full of tears, and that very night I had a dream." This dream, which the author goes on to relate, is a reproduction, adapted to suit the circumstances, of the well-known "Choice of Hercules." How far Lucian


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 actually dreamed it, or thought he dreamed it, is impossible to say. He was imaginative enough, no doubt, to have pictured it all to himself in his sleep; or a youth who had hit upon so ingenious an explanation of his uncle's beating him was equally capable of inventing a dream for the family edification; or (and this is the most likely supposition) the practised fabulist might have only adopted it as an apposite parable for the audience before whom he related it. The dream was this: Two female figures seemed to have laid hold of him on either side, and struggled so fiercely for the possession that he felt as if he were being torn in two. "The one figure was of coarse and masculine aspect, with rough hair and callous hands, with her robe high-girt, and covered with dust—very like my uncle the stone-cutter when he was polishing his work; the other had a lovely face and graceful bearing, and was elegantly dressed." The first is "Statuary," who offers him, if he will follow her, an ample maintenance, good health, and possibly fame. He is not to be discouraged at her rough appearance; such, at first starting in life, were Phidias, Myron, and Praxiteles. The other graceful lady is "Liberal Education." She reminds him that he had already made some slight acquaintance with her: but much is still wanting. She will make her votary acquainted with all the noblest things which the noblest men in all times have done, and said, and written; she will adorn his soul with temperance, justice, gentleness, prudence, and fortitude; with the love of the beautiful, and the thirst for knowledge. Nay,


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10 their work and build upon their foundations, we appeal to the last infirmity of noble minds. We can imagine Dalton looking with placid satisfaction upon the superstructure which has been raised upon the atomic theory, scarcely less than the whole of analytical chemistry; we can imagine Newton as regard- ing with similar approval the marvellous illustrations of his law of gravity furnished by modern astronomy; and we can fancy Harvey as following the development of his discovery with an acquiescence which I fear he would not extend to the attitude of modern politi- cians with regard to his method. We can conceive Harvey as viewing with special regard those who have been most active in carrying on his work: Malpighi, Laennec, Hope, Williams, Corrigan, and I could add the names of some of our living Fellows were it not possible that they may be present to-day.

The immediate effects of Harvey's dis- covery were not beneficial to medicine, and were injurious to himself. His practice fell off mightily,' and practical medicine remained


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20 portal, or femoral, and recognise at the same time that they are dynamical, not chemical. It will be my endeavour to show that renal dropsy is dynamical as well as chemical, that it is associated with arterial pressure as the others are with venous, as immediately, though not ab initio.

A distinguished predecessor in this office spoke of renal dropsy as a result of osmosis, not of obstructed circulation, and of Graham's researches with regard to diffusion through membranes as chiefly concerned in its expla- nation, but I think I shall be able to show that, whatever may be said of the laws of Graham, those of Harvey are not to be left out of consideration. It may even appear that the force of the heart and pressure of the blood have more to do with this morbid process than osmosis or dialysis.

It is probable that we have yet much to learn as to the passage of fluids through living membranes, and it would be presumptuous to assert that we know all about renal dropsy; but it presents such clear clinical relations


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 she will give him that which all men covet—immortality. Her rival can but offer him the work and position of a mere labourer, earning his living by his hands, one of the vulgar herd, obliged to bow before his superiors, and working according to his patrons' taste.

Lucian hardly waited, he says, for the termination of this divine creature's speech, before he sprang up, turned his back upon her rival, and threw himself into her embraces. "No doubt," he slyly observes, "the recollection of the flogging which my brief acquaintance with the other lady had got me the day before contributed not a little to my choice." The rejected claimant gnashed upon him savagely with her teeth, and then, "stiffening like a second Niobe," she was—very appropriately—turned into stone.

Whatever truth there might be in the vision, Lucian's choice was made. How he found the means for the further education that was needful, we are not told; but he got himself trained in some way as a Rhetorician. That science was not only very popular, but its professors, when once they had made themselves a name, were pretty well paid. The Emperor Marcus Aurelius was himself a most liberal patron of this as of other sciences, and maintained public lectures on jurisprudence, with which rhetoric was directly connected, both at Rome and in the provinces.


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30 effusion independently of medicine tends to lessen and disappear. It would almost seem that this hypertrophy, whether of the heart or arteries or both together, is the natural cure for the dropsical state. This at first sight is difficult to reconcile with the early increase of dropsy, together with increasing arterial tension; for now with advancing hypertrophy the tension becomes greater but the dropsy less. The hypertrophy is little of the right ventricle, mainly of the left ventricle and the arteries, and appears to militate against the dropsy so long as the cardiac charge is unaccompanied by dilatation. Whether the heart or arteries have the more to do with this mitigation must be taken into question. The arterial thickening cannot fail, so far as I see, to obstruct the access of blood to the capillaries and dam it back in the heart and larger vessels, with the result of increased tension and increased cardiac hyper- trophy. Here comes in the stopcock action, and with it lessened capillary pressure and lessened exudation. Now let us glance for a


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 we owe to Harvey of what is now rudimentary and commonplace. Knowledge has been advancing since his time in many and in- dependent lines; the achievements of Bell, Bright, and Addison had no direct connection with his, but it is not too much to assert that the medicine of to-day is scarcely less per- meated with the results of Harvey's discovery than is the human body with the circulation he discovered. It does not make him small to say that what he found out must have come to light had he never lived. If Columbus had not discovered America, someone else must have done so before now. The law of gravity might even have been revealed in the fulness of time to another if not to Newton. But the discoverer is before his age: in this lies one measure of his praise; another, and a more important one, is in the results of his discovery.

PRINTED BY SPOTTIS WOODE AND CO., NEW-STREET SQUARE LONDON


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 HARVEY IN ANCIENT AND MODERN MEDICINE

In submission, Mr. President, to your behest, but with sore discouragement when I call to mind the names of some of the 172 Fellows who have preceded me in this office, it devolves upon me to-day to exhort the Fellows of this College to concord; to commemorate by name our Benefactors; and to exhort our Fellows and Members to search and study out the secrets of Nature by way of experiment. As to the first injunction, a general change in manners has made it less necessary than formerly; we no longer wear swords or use them, our language is more conventional and less emphatic, and there are


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 For some time after his education was completed, he seems to have wandered up and down Ionia, with very precarious means of support, exercising his profession, among other places, at Antioch, where he must have come into contact more or less with the new sect called "Christians,"—with what result we shall partly see hereafter. By degrees he got into some practice as an advocate: but not meeting with the success which he hoped for in that line, he took to composing orations for others to deliver, and to giving lectures upon rhetoric and the art of public speaking. In this latter capacity he travelled a good deal, as was the custom for all professors in those days, and delivered his lectures and declamations in the towns of Syria, Greece, Italy, and Gaul. It was in the last-named country—always a rich harvest-field, as we gather from Juvenal, for travelling orators and lecturers on law—that he seems to have been most successful, and he continued there for ten years.

Whether he eventually grew tired of his profession, as some expressions in his writings would lead us to think, or whether he had made enough money by it to enable him to devote himself to the more strictly literary life to which his tastes and abilities alike pointed,—-he gave up the study and the practice of Rhetoric in about his fortieth year. He cast off his old mistress, he says, because he had grown tired of her false ways: "she was always painting her face and tiring her head," and otherwise misbehaving herself, and he


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 would endure it no longer. She had led him a very unquiet life of it, he declares, for some years. He makes poor Rhetoric, indeed, say in her defence in the same Dialogue, and with at least some degree of truth, that she had taken him up when he was young, poor, and unknown, had brought him fame and reputation, and lastly in Gaul had made him a wealthy man. It is possible that the declining reputation in which the science, owing to the abuses introduced by unworthy professors, was beginning to be held throughout Greece, may have been one great reason for his withdrawing from it.

He delivered his last lecture on the subject at Thessalonica,—where he would again meet with, or at least hear something of, the members of the Christian Church. Thence he returned to his native town of Samosata, found his father still alive there, and soon removed him and his whole family into Greece. He devoted the rest of his life to the study of philosophy and to his literary work, living in good style at Athens. It was here, as he tells us himself, that he got rid of his "barbarous Syrian speech," and perfected himself in that pure Attic diction which is marvellous in a writer who was virtually a foreigner. For such Greek as was spoken in Syria during the Empire was, as Lucian confesses, little better than a patois. To these years of his life at Athens are naturally assigned those Dialogues of his which have in them so much of the Aristophanic spirit and manner. There also he enjoyed


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 the friendship of Demonax of Cyprus, who, if we may trust the character which his friend gives of him in the little biographical sketch which bears his name, well deserved to be called an eclectic philosopher. His philosophy, combining some of the highest tenets of the Socratic school with the contempt of riches and luxury affected by the Cynics, was, says Lucian, "mild, cheerful, and benevolent," and he lived respected to the end of his long life, "setting an example of moderation and wisdom to all who saw and heard him."

Lucian still travelled occasionally, and on one occasion paid a visit to the reputed oracle of the arch-impostor Alexander, at Abonoteichos in Paphlagonia, of which he gives a very graphic account. This man exercised an extraordinary influence over the credulity not only of his own countrymen but of strangers


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Author:Zeno

 * Zeno of Elea (c.490 BCE–c.425 BCE), Greek philosopher, famed for his paradoxes
 * Zeno of Citium (c.334 BCE–263 BCE), Greek philosopher from Cyprus, founder of the Stoic school
 * Zeno of Sidon (150 BCE–75 BCE), Epicurean philosopher

title: Author:Zeno


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 also. Lucian's zeal against such sham pretenders here brought him into some trouble, and went near to cost him his life. Alexander, who had specially invited him to an audience, held out his hand, according to custom, for his visitor to kiss; whereupon Lucian, by way of active protest against an imposture which he had already denounced, bit it so hard as actually to lame him for some time. The Prophet affected to treat the thing as a practical joke, but, when Lucian was leaving the country, gave private orders to the captain and crew of the vessel to fling the malicious unbeliever overboard—a fate which he only escaped through the unusual tender-heartedness of the Asiatic captain.

He seems to have become poorer again in his later years, and to have occasionally taken up his old profession. But at last the Emperor Marcus Aurelius (or, as Wieland rather thinks, Commodus) offered him an official appointment (something like that of Recorder, or Clerk of the Courts) at Alexandria in Egypt. His chief duties were, as he tells us, to preside over the courts of justice and to keep the records. He thought it necessary to write an "Apology" for accepting this position; for it happened that he had just put forth an essay (which will come under notice hereafter) on the miseries of a state of dependence on great men, and was conscious that his enemies might take occasion to sneer at so stout a champion of independence thus consenting to sell himself for office. He must have felt like Dr Johnson when he consulted his friends as to the propriety of his accepting the


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 moved to make it here from a conviction that the truth it conveys cannot be placed too strongly before the minds of pathologists. We ought certainly to regret anything like indifference on this subject, but I would submit that when a certain set of symptoms have been connected with the existence of some especial solid lesion, we do not always find that eager yearning to become informed of the preceding fluid changes which would inevitably result from a deeper conviction of the great value of such knowledge. It is true that science has not done much to assist us here; but still some little has been afforded both by the physicist and chemist which deserves more attention than has yet been devoted to it. I would adduce the remarkable observations made by Graham on the diffusion of fluids through membrane. These are so suggestive that we have every reason to hope we may apply the facts he has ascertained to the explanation of many intricate problems. His arrangement of bodies into the two classes crystalloids and colloids, having strikingly different qualities in relation to membrane, necessarily suggest the application of the discovery to pathology.

I may here instance the occurrence of dropsical


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 not suppose that chemistry has done nothing for us. In its application to the detection of symptoms it has been very valuable. For instance. Bright never could have determined the point he has established, had he merely used the test of heat in examining urine for albumen, and his first tables were constructed on that plan. We all know now that heat precipitates phosphate of lime, as well as albumen, in a multitude of instances, and therefore that these tables would have shown that coagulable urine (as it was then called) constantly occurred without the concomitant lesion of kidney. Bright’s discovery might thus have been left as a prize for some other observer, whose chemical knowledge enabled him to apply a more perfect method of examination. Fortunately, Bright’s tables were reconstructed, a correct chemical method of determining the presence of albumen was adopted, and the exceptional cases which threatened confusion disappeared from the return. Here, chemistry, by determining a symptom, helped us to one of the most important pathological discoveries of modem times. But its minor services of this kind are by no means despicable. We are all familiar with its use in


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 enough to acknowledge an infidelity which might bring obloquy upon him. Though checked by these considerations, the student may be cheered by the reflection, that the true objects of pathological research are rarely appreciated by the chemist who is not a worker at the bed-side. Symptoms must be correctly noted and valued before they can be usefully connected with changes from the healthy constitution of the fluids, and this is no task for those who are unaccustomed to look upon disease. On the other hand, the physician, unless he be an accomplished chemist, will not comprehend the true nature, bearings, and value of the results obtained in the laboratory. The chemist’s return sets forth the proportion of various proximate elements contained in the material submitted to analysis; but that this yields any information worth possessing to the practical physician who is not a chemist, is to my mind very problematical.


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 possible influence of the forces concerned in the operations of the organism. To do more than this (which has been too often the case) is as mischievous as it would be, were we to refrain from suggesting the probable utility of a discovery having a strong bearing on our subject, merely because it was incapable, as it stood alone, of explaining satisfactorily any given phenomenon. It is to be hoped that collateral experiment, bearing on Graham’s law, may early bring us to important results.

In considering the application of chemistry to the pathology of the fluids, we meet with a field of inquiry so vast that, notwithstanding the labour and thought which have been bestowed upon it, it is comparatively unexplored. The pathological student here finds himself involved in the study of very various and very confusing questions, having reference both to the proximate and proximate analysis of animal matters.

The normal standards given him by the chemist are to serve as starting-points of inquiry, but in applying aU this knowledge to pathology he will rarely gain much advantage. It may happen his faith becomes less firm as his acquaintance with the subject increases, and that he is scarcely bold


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 pension offered by Lord Bute, after the bitter definitions of the words "pension" and "pensioner" which he had given in the first edition of his Dictionary. The promotion did not come until, as he says, he "had one foot already in Charon's boat," for he must have been above seventy years old when he received it: but the emoluments were fairly good; he was allowed to perform the office by deputy, so that it did not interfere with his busy literary leisure at Athens, and he lived many years to enjoy it. He is said to have been a hundred years old when he died, but nothing certain is known of the date or manner of his death. It has been conjectured with much probability that in his later years he was troubled with the gout, a disorder to which he more than once makes allusion in his writings, very much in the tone of one who spoke from painful experience; and he has left two humorous mock-tragic dramatic scenes in which Gout is personified as the principal character. The torments of which she is the author to mankind are amusingly exaggerated. Philoctetes is made out to have been a sufferer, not from the bite of the snake or from the poisoned arrow, but simply from gout in his foot—enough to account for any amount of howls and lamentations, such as are put in his mouth by Sophocles; and Ulysses must have died by the same enemy, and not, as was fabled, by the poisonous spine of a sea-urchin.

It has been impossible, in the compass of this volume, even to notice all the works of this active and


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 diabetes, in jaundice, and in many forms of urinary disease, and we shall doubtless use it more and more as pathology advances. In considering the value of chemistry as applied to the analysis of the fluids, we must not forget its importance when used as an interpreter of the true nature of the results of disease as seen in the solids. I would submit that the microscope has been too exclusively relied upon in prosecuting this interesting inquiry; that form and arrangement have too much engrossed the attention of pathologists, while the chemical characters of the materials under examination have not received due consideration.

The microscope, except it be used to assist us in detecting the minute dissections (if I may be allowed the term) practised by the application of chemical re-agents, loses half its value; and whenever physicians become chemists as well as micrographers, we shall very probably see a host o


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 animal economy, and we must therefore look for other circumstances which had a greater share in modelling the system of physic.’

So far as I have been able to determine the point, Laennec appears to have been the first pathologist to whose discoveries a knowledge of the circulation was absolutely necessary. Had not Harvey described the motion of the heart and its consequences, we never could have interpreted the phenomenon observed in cardiac auscultation.

It was Harvey who first clearly described the systolic and diastolic states, and thus enabled the great auscultator to deduce, almost as of necessity, the various consequences of valvular imperfection. Again, had we not recognised the circulation, pathologists must have remained in ignorance of the simple and beautiful subject of embolism and its multitudinous applications to the explanation of morbid conditions. Without the knowledge given us by Harvey, how full of mystery must have appeared those congestions which we now at once explain, or anxiously anticipate.

The liver which is to appear below the ribs as a consequence of cardiac imperfection—the fluid which is to fill the peritoneum as a consequence of


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 obstructed hepatic circulation—these, among other instances, crowd upon us to show that pathology as well as physiology has used the fact that the blood circulates.

It must ever be regarded as most surprising that Cullen could not explain the two congestions to which I have referred. Harvey’s views, we must assume, so startled the medical world that it required more than a century and a half to bring pathologists to consider them properly.

We are now, however, in a position to deal with the subject, not only in its simple form, but to examine it in its relation to the nervous system, and surprising results have been obtained in this direction of late years.

I would especially allude to the experiments of Bernard and others, on the influence of the neiwes on the capillary circulation—the vaso-motor power —affecting as it does both our pathology and therapeutics. Experiments made in order to examine further into this remarkable discovery have demonstrated that the nervous arrangement constituting the governing power includes cerebro-spinal as well as sympathetic branches, for which end nerve fibres pass from the medulla oblongata,


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 versatile writer, a descriptive catalogue of which would alone fill some pages. Nor has the common order of arrangement been here followed, but the Dialogues and other pieces have been grouped as seemed most convenient.

Though Lucian was always a popular writer, he has not found many modern translators. The formidable number of his works has no doubt been one reason for this. Spence's translation (1684) is termed by Dryden "scandalous." The version by "Eminent Hands," published in 1711, to which is prefixed a "Life" by Dryden, is very incorrect, though some of the pieces are rendered with considerable spirit. Tooke's translation (1820) is also full of the blunders of imperfect scholarship, though the English is often racy and good. Dr Franklin's is, on the whole, that which does most justice to the original. But no English translator approaches in point of excellence the admirable German version by Wieland.


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 sistent with, safety. They might well be expected to fear that the older remedies, the value of which had been tested by the experience of ages, would fall into disuse, and that practitioners would thus be left comparatively helpless against the incursions of disease, instead of armed with their old and well-tried weapons of defence. The lapse of a few years served to remove all anxiety on this point. It was obviously premature to anticipate any change of the kind from Harvey’s discovery, inasmuch as therapeutics up to that date had never been materially modified by advances in physiology.

We frequently hear it said that our profession neglects the study of therapeutics, and there is, I apprehend, too much truth in the statement. Whence this indifference? It can scarcely be that we underrate the value of the subject, for it is incomparably the most important study comprised in the curriculum of our schools, and without it all medical knowledge is as nearly as possible useless.

May we not regard this neglect of therapeutics as a result of the extreme difficulty attending the prosecution of the study? It can only be scientifically followed by those who are accomplished


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 method that we owe the discovery of most of our highly prized drugs, especially the remedies known as ‘specifics,’ nearly all of which have been made known to us by mere accident. Thus quina, iodide of potassium, bromide of potassium, and colchicum, which in certain diseases we prescribe with great confidence, came before us having no claim upon our attention beyond the fact that certain persons had tried them as remedies without being able to give any good reason for having done so. It is very interesting to watch the efforts making, as science advances, to cast light on this great question of therapeutics.

We find chemical philosophers interesting themselves in attempting to trace a relation between the physiological action of a substance and its chemical composition and constitution. Chemical composition scarcely helps us, however; for though it has been shown that salts of the same base occasionally resemble each other in their action upon the economy, still the opposite is so often the case that we cannot hope for much assistance here. A fact mentioned by Bunsen is again remarkable in its relation to this subject. That observer has shown that kakodylic acid, which contains more


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 diagnostics, and who moreover have been accustomed to investigate physical phenomena, and, having thus undergone the necessary tuition, are the less likely to be led astray by false appearances and the influence of preconceived ideas. At several different periods in the progress of our art, it has been proposed, as a means of advancing therapeutical knowledge, that we should endeavour to ascertain the physiological action of drugs, and then apply them in order to repress or modify pathological activity. This method was adopted by Philenius and Serapion 300 years before Christ, and has been followed up from time to time since that date with some advantage.

The instances in which we have been thus assisted are by no means few, and I may mention, as a recent adaptation of a physiological observation to pathology, the use of sedatives as applied in accordance with our knowledge of their physiological action on the vaso-motor nerves. Notwithstanding the value of this method of procedure, it fails us in numerous cases, and we are constantly thrown back to experiment on the sick, as the more direct and the universally decisive plan of action. It is to this purely empirical


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 than 54 per cent, of arsenic, is inert, although perfectly soluble. In a paper of great merit, read before the Royal Society last year, we find Dr. A. Crum Brown and Dr. Thomas R. Fraser entering upon this branch of inquiry in a very philosophical spirit. After showing how impossible it is to connect physiological action with composition, they proceed to inquire whether light may not be thrown on the point by taking into consideration the chemical constitution of substances—defining constitution as ‘the mutual relation of the atoms in a substance.’ By an ingenious method of directing experiment, into which I cannot venture to enter here, the authors have arrived at some remarkable results, which may probably at no very remote date give some assistance to the therapeutical student. Whatever may be done, however, by the assistance of chemistry and physiology, we must not underrate the value of the purely empirical method. It is most excellent when carefully applied by persons conversant with disease. The great evil attaching to it is that those who are not competent to determine pathological conditions occasionally addict themselves to therapeutical inquiries. It was thus with Hahnemann, who experimented most


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 scientific medicine, will secure to himself a source of never-failing enjoyment.

It may, indeed, be regarded as a great privilege to be allowed to work, with however little success, in this beautiful field of inquiry, where from time to time the veil which hides so much from us seems failing in its office; where truth (as it often does when half concealed) assumes an ever-varying form, playing with thought, and pleasing fancy, even when tempting us far from the paths of discovery.

It must have been a great source of happiness to Harvey, when, as the historian says, he 'lost his practice’ and ‘was thought crack-brained,’ that he had left him the purest and highest of all pleasures, the appreciative contemplation of a subject rich in wonders and fertile in great results.

It would appear, and more especially so from the passages I have quoted from Cullen, that the dread of a new system of treatment had much to do “with the success of Harvey’s detractors in depriving him of practice. The public would naturally regard with anxiety the advent of a new therapeutical era having an experimental character which the profession generally considered incon-


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and knowledge command respect; but superior genius and profound knowledge, combined with exalted moral purity, cannot fail to excite unmingled admiration. The reputation of an author in whom these qualities are united may be circumscribed during life; but its rise and extension after death prove that his claims to distinction are well founded. It is no less the duty than the pleasure of friendship to fortify and sustain these claims. The impartiality of criticism cannot but confirm the anticipations of affection.

was the highly-gifted descendant of ancestors originally English, who came over to this country with the wise and benevolent Penn, and landed from the same ship on the banks of the Delaware. Their principles, moral, religious, and political, coincided with those of their pious and illustrious leader.

He derived the additional name of Brockden from his uncle Charles Brockden, so respectfully mentioned by Franklin in his life, who, to avoid the vengeance of conspirators, whose secret conversations he had accidentally overheard, fled to America and settled in Pennsylvania, where his industry and abilities finally raised him to an important office, which he filled with distinguished reputation.

His parents were pious and respectable members of the Society of Friends, and may be presumed to have instilled

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 latter become very valuable in the daily drudgery of professional life. They may possibly rise to the position of useful, eminent, and fashionable practitioners, but the scientific training through which they passed while in the schools did little more than interfere with the acquirement of that empirical knowledge which was the only thing their minds were competent to deal with.

There is great evil in enforcing scientific studies on the attention of the student who has but three or four years to devote to the acquirement of practical knowledge.

If by doing so you could make him love science and follow it, then, indeed, a glorious result might follow; but that is impossible. Men become labourers in science only from innate love of it but the privilege is for the few, and the student during his short stay in our schools should not be distracted from the acquisition of practical knowledge by the futile attempt to make him a scientific man.

If he possess the taste, he will follow science when he has left us; he will become one of those who can understand the results of the physicist and chemist, and perhaps, by labouring to advance


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 into their beloved offspring all that simplicity of manners and benevolence of sentiment which so honourably character ize the religious society to which they belonged.

He was born in the city of Philadelphia, on the 17th day of January, 1771. He had three brothers older than himself, to whom, as well as to every other member of his family, he was from his earliest years an object of deep interest and fond affection.

Of those incidents and circumstances which in childhood either control the development or indicate the character of the moral and intellectual powers of men distinguished for their talents, and which are not only interesting in themselves, but valuable as contributions to the great cause of education, it is always desirable to hear; but, when he whose life they would illustrate modestly leaves them unnoticed, the biographer can only have recourse to conjecture or to the recollections of friends. From the facts which they furnish he may deduce and infer, but he cannot establish with certainty. His narrative of these may therefore be brief without subjecting him to censure.

Of the first ten years of Mr. Brown's life the memorials are few but sufficient. His constitution was unusually delicate and frail and his frame slender. Life opened upon him with a wan and sickly aspect, and disclosed but doubtful prospects of a healthy manhood. The weakness of his body was, however, his only weakness: his mind was not enervated. There all was activity and strength.

Debility of body does not necessarily lead to vigour of mind. The reverse of this may perhaps be maintained. But he whom nature had rendered incapable of much corporeal exertion would almost necessarily be thrown upon his intellectual resources for enjoyment.

This was the case with the lamented subject of this memoir. From his earliest years he was devoted to books and reflection. Maps, books, and prints were to him even in childhood objects irresistibly attractive. The study and examination of these were the constant and invariable occu-

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 pations of his juvenile years. His knowledge of geography and architecture in his tenth year was a subject of pride and exultation to his friends and of surprise to strangers.

He entered the classical school of, the well-known author of the "History of Pennsylvania," in his eleventh year, and left it before he had completed his sixteenth. His rapid advancement and incessant diligence while under the direction of this gentleman received, as they merited, his warmest commendations. His studies were, however, by no means confined to the ancient classics: his application was unremitting to the best English models.

Five years of ardent and intellectual exercise in classical studies! What a mass of intellectual treasures may not be collected during such a period! What rich materials for future use may it not afford! Fortunate is the youth of whom it may be said that, for five years, he persevered with ardour and enthusiasm in the pursuit of knowledge and the cultivation of his powers. His soul becomes imbued with the love of letters and of science, and he is already on the highroad to distinction and honour. He can hardly become the slave of low and grovelling vices.

Mr. Brown's application during this period was indeed so intense as seriously to endanger his health; and, therefore, by the advice of his preceptor, he occasionally relaxed from the severities of study and made excursions into the country. These journeys he performed on foot; and, on account of the pleasure and advantage which he derived from them, he ever after continued the practice.

Accustomed as he had been to the confined atmosphere, the dusky streets, and unwholesome exhalations of a city, the extended prospects, the varied hues, the delicious fragrance, and the balmy and elastic air of the country were unspeakably grateful and refreshing. Solitary wandering leads to thoughtful musing, and this to romantic enthusiasm. It would not be difficult to predict the effects which such a practice would have upon an imagination ever active, enriched and embellished with elegant literature and various

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Reports on Vernacular Education in Bengal have long been held in high esteem for their valuable statistics and researches on a subject of great social and political importance—the intellectual condition of the masses of Bengal. The investigations were conducted with great diligence, and extended over a space of three years, at an expense to Government of more than a lac of rupees. In some points, as was to be expected from the difficulty of the enquiry, there are inaccuracies, but, on the whole, they afford a mass of information of great value.

As more energetic measures are about to be adopted towards the extension of Vernacular Education in Bengal, and as the Reports have long been out of print, it has been thought desirable to re-print those parts of them which bear on this vital question.

But as Adam’s Reports close with 1838, it has been deemed necessary to give a resumèrésumé [sic] of what has been done in Bengal since that period towards carrying out a system of Vernacular Education, as well as to glance at its previous condition.

Mr. Ellerton at established some Vernacular Schools in the beginning of this century, and in the leisure of his Factory composed various Bengali books for the use of his scholars. In 1814, Mr., a Missionary, began his first Vernacular School in the Dutch Fort of. In June 1815 he had 16 schools and 951 pupils, which soon increased to twenty-six schools, besides some ten others six miles below Chinsura, visited by him and his assistants sixty times every three months. In 1815 Lord made a monthly grant of Rupees 600 to the schools, and stated in a minute on the Schools, “the humble, but valuable, class of village schoolmasters claim the first place in this discussion.” In 1816 there were 2,136 pupils, and a school for instructing teachers was commenced. In 1818 there were thirty-six schools and 3,000 pupils—but Mr. May was cut off by death, and Mr. Pearson then took charge. Mr. May’s labors excited such interest, that after his death money arrived in Bengal from friends in America for the support of his schools. Mr., Secretary to Government in his “History of Calcutta Religious and Benevolent Institutions,” remarks—“it may be safely asserted that the foundation of more extensive and higher knowledge


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with the

by the

Author of “ A History of the Gallican Church,” etc., etc., etc.

Translated from the French, and prefaced by an original biographical notice of the author.

With an introduction by

Bishop of Western New-York.

Published by

Minos Publishing Co.

New York. N. Y.

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 student to pass creditably in subjects which be can never make use of in after life, for be bas not acquired them so as to give them a permanent place in bis memory. This great difference in mental action appears prominently in forensic practice, where it is much required, but the less we have of it in the study of science be better.

We cannot regret, however, that the student adopts the less perfect form of acquiring that part of education having reference to science generally which is enforced by the curriculum. He had been enabled, by so doing, to devote more time to the acquirement of knowledge immediately bearing on practice, and bas bad, therefore, the opportunity of more fully digesting facts, and more carefully arranging his thoughts, than could have been the case bad be acted otherwise.

The few who have both time and taste for study, or who, gifted with extraordinary talent, can acquire in three or four years that complete knowledge of science now demanded of the student by the examiner, may well be envied. The great majority, however, are devoid of such taste, and will fail to benefit from scientific teaching, however carefully it may be applied. These


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 industriously, but whose work indicates in the most unequivocal manner his incapacity to determine the nature of the pathological conditions which he attempted to combat with his remedies.

There was then but little reason in the view that therapeutics would be affected by Harvey’s discovery; but we need not be surprised that the belief was encouraged, and that he lost his practice.

The honourable position he occupied angered the ambitious—his bold honesty offended the deceitful, and his growing fortune tempted the covetous.

And now we find him complaining, not, indeed, of decreasing wealth, but of the unworthy treatment received from those who ought to have loved and protected him. In his work on Generation we find the following lines: ‘And whilst I speak of these matters, let gentle minds forgive me, if recalling the irreparable injuries I have suffered, I here give vent to a sigh. This is the cause of my sorrow: whilst in attendance on his Majesty the King, during our late troubles and more than