text:
is in the circumstances of this case " continuous and apparent" within the meaning put on these words by Mr. Gale ; and if so, then I think it would pass under the word appurtenances without any other express or particular words. The plaintiff having, as it seems to me, failed, the action will be dismissed, and the costs on the scale the rules allow, that is the B. scale, will follow, but, having regard to the very small interest the defendant had in disputing this claim, I shall not allow any extra costs under the scales.
QUARTER SESSIONS. Bedford, Tuesday, April 6
Derby, Thursday, April 8, at 10.30 Berwick-upon-Tweed, Friday, April 2 Faversham, Monday, April 5 Chichester, Tuesday, April 13
Grimsby, Tuesday, April 13 Colchester, Thursday, April 15, at 11 Hanley, Friday, April 9 Croydon, Thursday, April 8
Manchester, Wednesday, April 7.
GENERAL INTELLIGENCE.
the purpose of trying the right, broke the staple of the door of the washhouse on the 25th Sept. 1896, and did a small amount of washing. The plaintiff then brought this action for damages for trespass, and for an injunction to restrain the defendant from the continuance or repetition of the trespass. At the request of the parties I went with the solicitors on each side to view the premises. It appeared that the pump at the back of No. 5 had been used in common by all the occupiers of the houses until quite recently, when two or three houses have had water from the town laid on. The others use it still. It also appeared that the closets and ashpit at the end of the gardens of Nos. 3 and 4 are still used by the occupiers of the houses Nos. 2, 3, 4, and 5. Mr. Graham said that the pump was on the little footpath at the rear of the houses, and on a second view I found that this was so. He contended that this made a difference, and also that a pump does not stand on the same footing as a washhouse on the ground that a pump might perhaps be considered an easement of necessity, but that a washhouse could not. I think the contention of M Graham, that there can be no easement by prescription because no such easement can arise while the dominant and servient tenements are the property of the same owner, is correct. Neither am I prepared to hold, having regard to the authorities, that this was a licence coupled with an interest and therefore irrevocable, although there seems to me more to be said in favour of this. I prefer to rest this case on a statement of the law in Gale on Easements, 6th edit., pp. 87, 88, and 89, and, although there is not much authority cited in support of this statement, I have no reason to doubt its correctness, and it appears to be applicable to the present case.
Mr. Gale says: " Where the land benefitted and the land burthened belong to the same owner, he may change the qualities of its several parts at his will, and his express volition, evidenced by his acts, must at least be as effectual to impress a new quality upon his inheritance as the implied consent arising from long-continued acquiescence. It is true that, strictly speaking, a man cannot subject one part of his property to another by an easement, for no man can have an easement in his own property, bat he obtains the same object by the exercise of another right, the general right of property. But he has not the less thereby permanently altered the quality of the two parts of his heritage; and if after the annexation of peculiar qualities he alien one part of his heritage, it seems but reasonable, if the alterations thus made are palpable and manifest, and in their nature permanent changes in the disposition of the property, so that one part thereby becomes dependent upon another, that + a purchaser should take the land with the qualities which the previous owner had undoubtedly the right to attach to it. This reasoning applies to those eagements only which are attended by some alteration which is in its nature obvious and permanent, or, in technical language, to those easements only which are apparent and continuous ; understanding by apparent signs, not only those which must necessarily be seen, but those which may be seen or known on a careful inspection by a person ordinarily conversant with the subject." Mr. Gale also refers to the same point, pp. 84 and 85, as that which is designated by the French law Destination du père de famille, and I would refer to that also, but it is too long to quote. It seems to me in this case that the former owner of the whole property, by his "express volition, evidenced by his acts, permanently altered the quality" of the different parts of his heritage. He built seven cottages, and not being able to give to each a pump, a washhouse, closets, and an ashpit, he built these things on different parts of the property and allowed the tenants to use the pump and the washhouse in common, and the tenants of Nos. 2, 3, 4, and 5 to use the closets and ashpit at the back end of the gardens of Nos. 3 and 4. He arranged that this should be so, it was his volition that it should be so.
It may be that a washhouse is not quite so much an easement of necessity as a pump or the closets, but with tenants of small houses such as these it is not much less so.
Am I to hold that the owner of Nos. 2 and 3 has a right to shut up the washhouse, Ibut that the owner of No. 5 must allow the pump, and the owner of No. 4 the closets, to be used as above mentioned ; or am I to hold that the owners of Nos. 5 and Nos. 3 and 4 can deprive the owners of the other houses of the common necessaries of life? It seems to me that I must consider the actual facts of this case, and what I find is, tbat the owner of these seven houses provided these things for the common use of the tenants of all the houses, that he allowed them to be so used for many years during his life, and that they were so used, as occasion required, for several years after, and I do not see my way now, either to confine these things to the use of the tenants or owners on whose respective lands they stand, or to distinguish one from the other. It may be said that this easement was not, in technical language, " apparent and continuous," but Mr. Gale understands by apparent " signs" not only those which must necessarily be seen, but those which may be seen or known on a careful inspection. It must be remembered that this washhouse, though not used much by the defendant, was used by the tenant of No. 4 once every three weeks for many years, and until she was stopped a year ago. I think "a person conversant with the subject" would have seen that this building was intended for a washhouse, might have seen that most of these houses had no washhouse attached to them, and might have ascertained that these things, the pump, the washhouse, the closets, and the ashpit, had for many years past been used as above stated by the owners or tenants of the other houses. I do not go so far as to say that a washhouse is an easement of necessity in every case ; but I say, looking at the facts and circumstances of this case, that the owner of this property put these things on the same footing, and that he thereby, as to all of them, " made one portion of his estate subject to the convenience of another by an express act done during the union." One word more as to Mr. Graham's contention that such an easement would not pass by the word "appurtenances," in the will. Most of the cases I have seen on this point are under deeds and not under wills, and there may be some difference of construction between the two ; but apart from this it seems to me, as stated above, that this eagement
SHERIFFS APPOINTED BY HER MAJESTY IN
COUNCIL FOR THE YEAR 1897. At the Court at Windsor, the 26th Feb. 1897. Present, the Queen's Most Excellent Majesty in Council.
ENGLAND (except Cornwall and Lancashire). BEDFORDSHIRE.—George James Gribble, of Henlow Grange, Biggleswade,
Esq. BERKSHIRE.-Henry Gold, of Hedsor, Maidenhead, Esq. BUCKINGHAMSHIRE.—Major Alexander Finlay, of Manor House, Little
Brickbill. CAMBRIDGESHIRE AND HUNTINGDONSHIRE.—Ernest Terah Hooley, of
Papworth Hall, Esq. CHESHIRE.-William Henry Verdin, of Darn all Hall, Winsford, Esq. CUMBERLAND.—Colonel Thomas Angelo Irwin, of Lynehow, Carlisle. DERBYSHIRE. -- Michael McCreagh Thornhill, of Stanton Hall, Bakewell,
Esq. DEVONSHIRE.—Robert Harvey, of Dundridge, Totnes, Esq. DORSETSHIRE.—Sir Henry Peto, of Cheddington Court, Crewkerne,
Somerset, Bart. DURHAM.-Colonel Lancelot Allgood Gregson, of Bardon, Sunderland. Essex.-Edward Murray Ind, of Coombe Lodge, Great Warley, Esq. GLOUCESTERSHIRE.-James Dugdale, of Sezincota House, Moreton-in
Marsh, Esq. HEREFORDSHIRE.—Captain John Geers Cotterell, of Garnons, Hereford. HERTFORDSHIRE.-John Henry Buxton, of Hunsdon Bury, Ware, Esq. KENT.—Richard Coombe Miller, of Oakfield, Dartford, Esq. LEICESTERSHIRE.—Edward Handley Warner, of Quorn Hall, Lough
borough, Esq. LINCOLNSHIRE.—Thomas Cheney Garfit, of Kenwick Hall, Legbourne,
near Louth, Esq. COUNTY OF LONDON.—Henry James Lubbock, of 15, Lombard-street,
Esq. MIDDLESEX.-Lieutenant-Colonel Bernard Tindal Bosanquet, of Fair
holme, Teddington. MONMOUTHSHIRE.-Charles Montague Crompton Roberts, of Drybridge,
Monmouth, Esq. NORFOLK.-Major George Nathaniel Micklethwait, of Taverham Hall. NORTHAMPTONSHIRE.- Pickering Phipps, of Rushton Hall, Kette ing,
Esq. NORTHUMBERLAND.—Sir John Walter Buchanan Riddell, of Hepple,
Rothbury, Bart. NOTTINGHAMSHIRE.-Philo Laos Mills, of Ruddington, Esq. OXFORDSHIRE.-Aubrey Harcourt, of Nuneham Park, Esq. RUTLAND.--Henry Clarke Jervoise, of Langham, Esq. SHROPSHIRE.-John Baddeley Wood, of Henley Hall, Ludlow, Esq. SOMERSETSHIRE.--Henry Martin Gibbs, of Barrow Court, Barrow Gurney,
Bristol, Esq. COUNTY OF SOUTHAMPTON.-Godfrey Baring, of Nubia House, West
Cowes, Isle of Wight, Esq. STAFFORDSHIRE.—William Bealey Harrison, of Aldershaw, Lichfield, Esq. SUFFOLK.- Edward Walter Greene, of Nether Hall, Pakenham, Esq. SURREY.-William Keswich, of Eastwick Park, Great Bookham, near
Leatherhead, Esq. Sussex.-William Dodge James, of West Dean Park, Chichester, Esq. WARWICKSHIRE.—Howard Proctor Ryland, of Moxhull Hall, Erdington,
Esq. WESTMORLAND. — William Smith Paget-Tomlinson, of The Biggins,
Kirkby Lonsdale, Esq. WILTSHIRE.—John Evelyn Gladstone, of Bowden Park, Chippenham, Esq. WORCESTERSHIRE.-Admiral Richard Frederick Britten, of Kenswick,
Worcester. YORKSHIRE.-James Anson Farrer, of Ingleborough, Clapham, Lancaster, Esq.
WALES (North and South). ANGLESEY.-William Thomas, of Tregarnedd, Llangefni, Esq. BRECONSHIRE.-Stuart Williams Morgan, of Bolgoed, near Brecon, Esq.
CARDIGASHIRE.--Colonel William Price Lewes, of Llysnewydd, Llandyssil. CARMARTHENSHIRE.- :-William Joseph Buckley, of Penyfai, Llanelly, Esq. CARNARVONSHIRE.—Lloyd Warren George Hughes, of Coedhelen, Car
narvon, Esq. DENBIGHSHIRE.—Thomas Williams, of Llewesog, Denbigh, Esq. FLINTSHIRE.--James Liebig Muspratt, of Bron Haul, Rhyl, Esq. GLAMORGANSHIRE.--Godfrey Lewis Clark, of Talygarn, Pontyelun, Esq. MERIONETHSHIRE.-Edward Owen Vaughan Lloyd, of Rhagatt, near
Corwen, Esq. MONTGOMERYSHIRE.—John Lomax, of Bodfach, Esq. PEMBROKESHIRE.—Clement John Williams, of Penally, Esq. RADNORSHIRE.-Walter de Winton, of Maesllwch Castle, Glasbury, Esq.
DUCHY OF LANCASTER (February 26, 1897). The Queen has been this day pleased to appoint Samuel Radcliffe Platt, Esq., of Werneth Park, Oldham, to bo Sheriff of the County Palatine of Lancaster for the year ensuing.
TEMPLE CHURCH. The following is the order of the morning service for to-morrow:-First Lesson : Genesis xix., vv. 12 to 30. Second Lesson: Mark vii., v. 24, and chap. viii. to v. 10. Versicles, &c. : Ferial, pp. 1-3. Te Deum Laudamus : Barrow in F. Jubilate Deo : Barrow in F. Apostles' Creed : Harmonised Monotone, E. J. H., pp. 4 and 5. Preces and Responses, Ferial, pp. 6-8. Anthem: "O Lord, my God" (Wesley, No. 282, p. 126). Kyrie Eleison: Young in B flat, No. 20. Doxology (before and after the Gospel): Tallis, p. 89. Nicene Creed: J. H., p. 100. Hymn before Sermon : " Just as I am, without one plea " (No. 179).
For Sunday morning, the 14th inst. :-First Lesson, Genesis xxvii. to v. 41. Second Lesson, Mark xi., v. 27, and chap. xii. to v. 13. Versicles, &c. : Ferial, pp. 1-3. Te Deum Laudamus : Gibbons in G. Benedictus : Gibbons in G. Apostles' Creed: Harmonised Monotone, E. J. H., pp. 4 and 5. Preces and Responses : Ferial, pp. 6-8. Anthem : "I will love Thee, O Lord (Clark : Psalm xviii.: 1. Duet, T., B. I will love Thee, O Lord, my strength; the Lord is my stony rock, and my defence : my Saviour, my God, and my might, in whom I will trust; my buckler, the horn also of my salvation, and my refuge–3. Solo, T. I will call upon the Lord, which is worthy to be praised; so shall I be safe from mine enemies -4. Solo, B. The sorrows of death compassed me: and the overflowings of ungodliness made me afraid—5. The pains of hell came about me: the snares of death overtook me-6. In my trouble I will call upon the Lord : and complain unto my God-Duet, T., B. So shall He hear my voice out of His holy temple : and my complaint shall come before him ; it shall enter even into his ears—7. Chorus. The earth trembled and quaked : the very foundations of the hills shook, and were removed, because He was wroth—13. Duet, T., B. The Lord also thundered out of heaven, and the Highest gave His thunder : hailstones and coals of fire-16. Duet and Chorus. He shall send down from on high to fetch me: and shall take me out of many waters—21. Because I have kept the ways of the Lord : and have not forsaken my God). Litany and Suffrages : Pages, 9-15. Hymn before Sermon: Jesu, Lord, we kneel before Thee " (No. 219).
For Sunday morning, the 21st inst. : - First Lesson: Genesis xxxvii. Second Lesson: Mark xv. to v. 42. Versicles, &c. : Ferial, pp. 1-3. Te Deum Laudamus : Smart in F. Jubilate Deo : Smart in F. Apostles' Creed: Harmonised Monotone, E. J. H., pp. 4 and 5. Preces and Responses : Ferial, pp. 6-8. Anthem: "All ye who weep" (Gounod, No. 360, p. 166). Kyrie Eleison : Hopkins in C, No. 11. Doxology (before and after the Gospel): Tallis, p. 89. Nicene Creed: J. H., p. 100. Hymn before Sermon : "My God, and is Thy table spread ?" (No. 90, vv. 1, 2, and 4).
For Sunday morning, the 28th inst. : - First Lesson: Genesis xlii. Second Lesson : Luke iii. to v. 23. Versicles, &c. : Ferial, pp. 1-3. Te Deum Laudamus : Hopkins in C. Benedictus : Hopkins in C. Apostles' Creed: Harmonised Monotone, E. J. H., pp. 4 and 5. Preces and Responses : Ferial, pp. 6-8. Anthem : "Praise the Lord, O my soul" (Purcell, No. 36, p. 16). Litany and Suffrages : Pages 9-15. Hymn before Sermon : " Jesus came, the heavens adoring" (No. 220).
gathers around its birth, and hides from us the history of its creation. We know not whose fertile brain first gave it forth, neither can we tell if it came hot-forged from the workshop of the intellect, in that first form of it which history discovers to us; or if it grew from the small beginning of the despatch of the monarch's signet to give force and weight to a verbal command. We can, however, do much toward understanding its growth since the time of the early Edwards; and can also with much satisfaction and no little certainty draw interesting inferences of its nature and origin prior to the accession of these monarchs by the aid of our knowledge of the history of the time.
In the investigation of the subject of this paper, we will regard mandamus as having passed through three periods. The first of these we will designate as early English, and assign to it the period prior to the reign of Edward II. The second period or middle English epoch will embrace the years from 1 Edward II. to 17 Victoria in England and the year 1790 in America ; while modern English will comprehend the time since the close of the second epoch.
During the early English period the writ of mandamus was the command of the king; nothing more or less than an arbitrary exercise of the prerogative of the Crown. As we constantly associate these writs with the term prerogative, let us glance at this attribute of the sovereign. Prerogative may be defined as the king's rights, or the king's rights of the Crown, for by ancient writers the terms jura regia, juria regia coronare, and juræ coronæ are used synonymously. Bracton calls these rights "privilegia rigis," and Britton " Droit le roy," but since the Act of jus regni they have been commonly called "prerogativa regis," which is all one with " Droit le roy." The king's prerogative is regarded as part of the law of England, and as comprehended within the same. The term came into general use in the conflicts between the Crown and Parliament of Great Britain, especially in the time of the Stuarts.
We would to-day define prerogative as a personal privilege, power, or right of a superior character; or perhaps as an exclusive or peculiar privilege, or prior and indefeasible right, which may be exercised without question, and for the exercise of which there is no responsibility or accountability as to the fact or manner of its exercise. In England, however, it is used in the sense of the distinct authority vested in the Crown; the special power, pre-eminence, or privilege which the king has over and upon other persons in right of his crown. And this opinion accords with that of Vattel, who defines the prerogatives of majesty "As all those prerogatives without which the sovereign command or authority could not be exercised in the manner most conducive to the public welfare."
I have dwelt upon this question of prerogative at length in order that the source and force of the writ of mandamus, not only as it exists to-day, but as it has existed from the earliest stages of its history in the land of its creation, may be thoroughly comprehended. An understanding of the prerogative feature of the English writ will facilitate the tracing of the difference between it and the writ as it runs in these United States.
As we have said, the early English writs were commands, writs of direction created and enforced by authority of the royal will, They were not only instruments by which the executive would enforce obedience to existing laws, but they were far more. They were laws in themselves, and laws from which lay no appeal. In those early days the writ of mandamus was not merely declaratory of duty under existant law, but of the law itself. It was the creator of the law and the duty.
With the coming of the Edwards these arbitrary writs were to become obsolete, and in their place was to appear a more just, less harsh bat quite as efficacious mandamus, and with the change in their nature came a change in nomenclature, for while formerly any mandate was called a mandamus; from the words" vobis mandamus"--we command youwith which, when the writ was in Latin, the mandatory part began ; a differentiation came about, and the mandate proper ceased to be called a mandamus, and this name was applied to that variety of the writ issued by the King's Bench, in the name of the king, which prior to this time had been called special mandamus or the judicial writ.
While this writ was not an arbitrary one, in the sense that the more ancient process was, it was still a prerogative writ.
In our research, we are able to trace this judicial writ of mandamus to the time of Edward II., at which period we find it occupying an established and powerful position among the flowers of the king's prerogative. The term mandamus was not applied to one specific species of writs, but was the generic name for a class of writs varying in their form and object, but all totally different from the modern prerogative writ which commenced its existence under the term of special mandamus : (Rex v. Gover 2 Salk. 230.) Among the several forms of the ancient writ which have been preserved it may be instructive to note :
That mandamus, which lay after the year and day (where in the meantime the writ called Diem clausit extremium, had not been sent out) to the escheator, on the death of the king's tenant in capite, commanding him to inquire of what land holden by knight's service the tenant died seised.
Another species was a writ of charge, to the sheriff, to take into the hands of the king, all the lands and tenements of the king's widow, that. against her oath formerly given, married without the king's consent.
And the mention of these writs reminds me of the mistake made by a gentleman of my acquaintance whose knowledge of law is large, but whose command of the Latin language is small. He was rapidly searching for the names of the ancient varieties of mandamus, and fell upon the term mandato, panes de. Columbus could hardly have manifested more joy at sight of land than our friend, when he announced that he had chanced upon a hitherto unmentioned form of the writ. You can imagine his disgust when he was told that the words that had so charmed him were simply the designation of the loaves of bread customarily given to the poor on Maundy Thursday: (Chaslular-Glaston, M.S. folio 29).
Passing now to the middle English period of our subject, we find that in
MANDAMUS.
WHAT IS THE MODERN REMEDY BEARING ITS NAME?
(From The Albany Law Journal.) In those days before the iconoclastic influence of Bentham and what may be called the school of change broke in upon the traditions of the English law, the writ of mandamus possessed an entirely different character from that which it to-day exhibits. The passing of those centuries that saw the rise and expansion of English jurisprudence did not fail to leave an impress upon the form of the writ, though in the main this famous royal process of mandamus in company with her powerful and no less famous sisters, the prerogative writs of certiorari, prohibition, procedendo, quo warranto and habeas corpus had successfully resisted the effect, which though indirect, was nevertheless powerful. Those repeated and ultimately victorious attacks made upon the "Divine right of kings," the prerogatives of the Crown, the courts of extraordinary jurisdiction and their process.
These writs, issuing as they did by virtue of the extraordinary power of the king's prerogative, bent and swayed in the blast that strove with the regal power, and their very bending was their preservation and the means whereby they escaped the disaster in which prerogative was wrecked.
The writ of mandamus is of very ancient origin; the mist of ages
the reign of Edward II., as since, mandamus was used in England as the suppletory police power of the kingdom: (Cowper, 378 ; 2 B. & C. 198 ; Barrows, 1265-1268). It was certainly granted in civil cases (a motion) in this reign and in that of Edward III., and for early instances in which the writ was used to restore municipal officers to their corporate rights, we have many instances in the books : (Rex v. City of Cambridge, 1 Lev., p. 1.119 ; Rex v. Mayor of Oxford, 2 Salk., p. 428). The antiquity of this writ in civil cases is referred to in a leading case by Lord Mansfield : (Rex v. Askew, 2 Burr. 186). He speaks of a manu
inuscript book of reports which he has seen, and which contained a report of Dr. Bonhams' case in which a mandamus was directed in the time of Edward III. to the University of Oxford, commanding the university to restore a man that was "banitus." "This case of Dr. Bonhams," says Lord Mansfield, "shows well both the nature and extent of mandamus at that early period."
In the 14th and 15th centuries the writ was in the form of a letter missive of the sovereign. During the latter half of the 15th century the writ was directed to issue on a petition to Parliament for redress. It thus became in form a parliamentary writ, and being then chiefly used to enforce restitution to public officers, was commonly known as the " writ of restitution." The reports, however, offered few instances of its application before the latter part of the 17th century, at which time it was used systematically, not only, as we have seen, to correct official inaction, but for the purpose of setting in motion inferior tribunals and officers. After the years when mandamus was essentially a parliamentary writ, it became an original process, issuable by the Court of King's Bench, in the name of the sovereign, in all cases where there was a legal right and no other specific remedy.
The best definition, both from its comprehensiveness and clearness, that we can find of the mandamus of this middle period, is given by Blackstone. He says : "A writ of mandamus is a commard issuing in the king's name from the Court of King's Bench, and directed to any person, corporation or inferior court of judicature within the king's domains, requiring them to do some particular thing therein specified, which appertained to their office and duty, and which the Court of King's Bench had previously determined, or, at least, supposed to be consonant to right and justice." It is a high prerogative writ of a most extensively remedial nature (1 Bl. Rep. 352), and might be issued in some cases (but see Tapping, Mand. p. 18) where the injured party had also another, but more tedious method of redress, as in case of admission or restitution to an office; but it issues in all cases where the party had a right to have any. thing done, and had no other specific means of compelling the performance.
The writ was grounded on a suggestion of right in the petitioner and a denial of justice, whereupon, to more fully satisfy the court that there is probable ground for its interposition, a rule is made (14 Wall. 166, and cases cited) (except where probable ground is manifest) directing the party complained of to show cause why a mandamus should not issue ; and if he shows no sufficient cause the writ itself is issued, at first in the alternative, to do thus or show some reason to the contrary, to which an answer is made at a certain day, and if the respondent shows an insufficient reason, there issues a peremptory mandamus to do the thing absolutely, to which perfect obedience is required.
So firmly grounded had the association of prerogative and mandamus become during that period designated by us as Middle English, and so firmly did the English judiciary adhere to the doctrine that mandamus was not a writ of right, that Lord Mansfield expressed the opinion at both the English bench and bar, when he said in a leading case (Rex v. Askew, Burr. p. 2186): "There is no doubt that where a party who has a right, has no other specific legal remedy, the court will assist him by issuing this prerogative writ; but the court ought to be satisfied that they have ground to grant a mandamus, it is not a writ that is to issue as of course, or to be granted merely for the asking": (Rex v. Chester [Bishop] 1 T. R. 396; Rex v. Nottingham Waterworks Co., 6 A. & E. 355).
At first these writs were issued by the King's Bench, only in cases in which the king or the public were interested, and for these reasons it was called prerogative and was regarded as not issued as of strict right, but only at the will of the sovereign, and as decided in many leading cases mandamus was strictly and essentially a prerogative writ: (Rex v. Bristol Dock Co., 12 East, 429; Rex v. Baker, 3 Burr. 1267; 1 Blk. Rep. 352, 552; Cowper, 378).
Let us now consider the writ during the modern period of its existence. For a score of years, prior to 17th Victoria, signs of change were noticeable in the opinions which were held concerning mandamus and kindred writs. This change was to manifest itself, to the consternation and astonishment of those wedded to the old ideas.
In 1854 (17 & 18 Vict.) the Common Law Procedure Act was passed, and the practice and procedure in administering the relief afforded by manda. mus were entirely revolutionised. The Act extended the jurisdiction to all the superior courts of the kingdom, which were authorised to grant the relief in connection with any civil action, save ejectment and replevin, the pleadings, practice, and procedure therein being assimilated, as closely as possible, to those prescribed in ordinary civil actions for the recovery of damages. The effect of this sweeping enactment has been to place mandamus proceedings upon much the same footing as ordinary personal actions, and, although the statute expressly preserved tho jurisdiction of the King's Bench as formerly exercised, the necessary result of the statute has been the almost total annihilation of the prerogative features of the remedy, reducing it to a personal action for the protection of individual rights.
We have now seen royal prerogative diminish to a minor position, when viewed in connection with the remedy we are discussing ; but the process of mandamus, the legitimate offspring of prerogative, has endured and grown in force and strength, It has seemed to possess the faculty of adapting itself to every shifting of the current of sentiment and with
every flood of liberal ideas it has received the alluvium of enlightenment, as with every ebb it has by erosion lost obsolete or inapt features.
Wherein did the early English writ differ from that of the middle period, and in what does the modern writ differ from its predecessors ?
The first part of the question requires but little explanation, as the difference is patent, even to a casual observer. The arbitrary features of the writ disappeared, the writ was no longer a law, and a command to obey the self-contained law, but it was based upon law existing de hors the writ. It had become a commandment based upon well-defined anterior enactments. In other features a change had come, the writ had lost the feature which it had thus far shared with its French cousin, the lettre de cachet. Its issuance had passed from the hand of the monarch, through the hands of Parliament into the Court of King's Bench, and it was no more to go forth, save with the consent of those learned in the law of the land.
The arbitrary features of the writ disappeared with the Edwards, but for many centuries the prerogative aspects were to remain in full force and effect; even to-day, in these United States, wherein the question of prerogative would not seem to have place, and to a greater extent in England, where it still retains much force, if not legally, then sentimentally, we have not been able to free ourselves of this prerogative fetter, despite the many decisions of our highest court asserting its absolute non-existence.
The consideration of the distinction between the two later forms of the remedy, that of Blackstone's, for example, and that of to-day, affords us a most interesting study.
The difference is not so much that of form, for after the first centuries of its growth it assumed, in the 17th, a definite shape, and occupied a recognised sphere, which it held till nearly a century after that peerless epitome of English law, which to-day forms the basis of American jurisprudence, was produced by the greatest of legal commentators, Sir William Blackstone, Knight. Indeed, had it not been for 17 & 18 Vict., the writ in England to-day would differ in but little from that used in the time of Edward II.
As the difference is not one of form, neither is it one of process, for the modern practice closely follows the ancient rule.
Nor is the demarcation that caused by the effect of time upon the reasons for the issuance or withholding of the writ, for then, as now, the chief requisites to warrant the issuance of a writ of mandamus were :
1st. Petitioner must show a legal right to have the action done which is sought by the writ.
2nd. It must appear that the act which is to be enforced by the mandate is that which it is the plain duty of the respondent to perform, without discretion on his part, either to do or refuse.
3rd. That the writ will be availing as a remedy, and that the petitioner has no other plain, speedy, and adequate remedy.
The difference that engages our attention is more radical, it is one not of practice, form, issuance, withholding or effect, for the last is the same, practically, now as in earliest times. It is a difference in the very essence of the process, a difference that has permeated and affected every fibre of its organisation, and completely changed the nature of the remedy. I can explain the change by a homely illustration. An eccentric man dying, devised to his next of kin, who were rather remote relations, and cared but little for the old man, or that to which he was attached, his old home. This was a large, substantial mansion, situated on a bustling business street of a large city.
The dead man had borne a sincere affection for the old house, and could not endure to think of the time when its demolition would come, and the thought that those who were to receive his property might, and probably would, tear down the house, greatly annoyed him. He sent for his lawyer, told him his trouble, and a condition was added to the will, setting forth that should the old house be removed or demolished within a period, that the property should go over to a charity named.
Sure enough, the old man was hardly cold when the thoughts of his heirs turned to the erection of a large and modern business block on the site of the old house, but speculation was met by fact. Ther
condition. "What legal ingenuity can devise, legal ingenuity can circumvent," is the saying; and in this case it was to prove a true one. I believe that had Adam been a lawyer the garden of Eden would still be the manor of his descendants. The heirs went to work; first the old house was raised and two new storeys built beneath it. This did not violate the condition, at least in the letter, and yet substantially improved the premises, and the new and the old were practically one house. Next year the walls of the old house were strengthened and the front rebuilt, and this did not violate the condition -the building with its old and new parts was one structure. The snow fell again, and in the spring the builders reappeared. This time the roof of the old house was the point of repair, and when the carpenters were done a new roof crowned the structure; and while practically a new and modern building stood in the place of the old man's home, the condition of his will had not been so violated as to cause the heirs to lose their property. (This case occurred in Boston, 1887-1890.)
As with the old house so it has been with mandamus ; a new writ stands in place of the old, and yet the new is the old adapted to modern needs.
To more quickly arrive at the solution of the question, to more understandingly grasp the difference with which we are concerned, let us review the status of mandamus to-day in this country.
It has been recognised and incorporated into our constitutions generally, along with other established common law remedies, with no material change from its earliest object and employment; though it has ceased to be looked upon as flowing from a sovereign source, except in the sense that the process usually runs in the name of the State, and the people of the State are theoretically supposed to be present and watching and directing all judicial proceedings. It is used at the present day, as at first, to give
UNCLAIMED STOCK AND DIVIDENDS IN THE BANK OF
ENGLAND. [Transferred to the Commissioners for the Reduction of the National Debt, and which
will be paid to the persons respectively whose names are prefixed to each in three
months from the date given, unless other claimants sooner appear.] INGLIS (Mary Ann), 110, Jermyn-st, St. James, widow. £460 178. 4d, £2 15s. per Cent,
Consolidated Stock. late Consolidated Three per Cent. Annuities. Claimant, Charles Dickson Inglis, sole executor of the said M. A. Inglis, deceased. Feb. 21.
relief where ordinary legal procedure, by reason of its defects, gives none, and the same methods characterise its employment, and the same means are resorted to, to make it effective; but the important differences that have arisen exist in the primary source whence it issues, and the extent to which it reaches.
When we read Lord Mansfield's definition of mandamus, we can see at once the more important differentiation. He says in a leading case (Rex v. Baker, 1267 Burr.): "This is a prerogative writ, to the aid of which the subject is entitled, upon a proper case, previously shown to the satisfaction of the court. The original nature of the writ and the end for which it is framed direct upon what occasions it should be used. It was introduced to prevent disorder from a failure of justice and defect of police. Thus it might be used upon all occasions where the law has established no specific remedy, and where in justice and good government there ought to be one. Within the last century it has been liberally interposed for the benefit of the subject and the advancement of justice. The value of the matter or the degree of its importance to the public police is not scrupulously weighed. If there is a right and no other specific remedy the writ should not be denied."
We can agree with the learned lord as to mandamus being an original proceeding, but the writ is no longer a criminal proceeding, nor can it be superseded by the remedy of prosecution (criminal), nor as formerly by civil action on the case for neglect of duty. Although it is true that in this country, as in England, in some States it retains some of the characteristic features of the original writ, it is in most States regarded as an ordinary action between parties, and though the well-established rules of common law governing the jarisdiction are generally adhered to where sach rules are applicable : (Kimbull v. Union Water Company, 44 Cal. 173). The jurisdiction of the courts in administering this remedy, as well as the manner of its employment, have been in many cases greatly modified by statutory enactments. Mandamus is still regarded as an extraordinary remedy (Commonwealth v. Canal Commissioner, 2 P. & W. 2nd ed., 517; Commission v. Alleghany, 16 S. & R. 17; Commonwealth v. Commissioner of Philadelphia, 1 Whart. 1); but in the sense only that it is resorted to only upon extraordinary occasions and when the usual and ordinary modes and forms of procedure are powerless to afford redrers to the 'aggrieved party, and its use is necessary to prevent a failure of justice.
Much confusion has resulted from the efforts of some of the courts to attach prerogative features to the remedy as used in the United States. This confusion has arisen in the main from a failure to properly discriminate between the English and American systems of government.
Under the English Constitution the king was theoretically the fountain and source of justice, and where the law did not afford a remedy by the regular forms of proceedings, the prerogative powers of the sovereign were invoked in aid of the ordinary judicial powers of the courts, and the mandamus was issued in the king's name, and by the Court of King's Bench only, as having the general supervisory power over all inferior jurisdictions and officers. Originally, too, the king sat in his own court in person and aided in the administration of justice, and although he has long since ceased to sit there in person, yet by a fiction of law, he is still so far presumed to be present, so as to enable the court to exercise its prerogative powers in the name and by the authority of the sovereign, and the fact that mandamus was formerly allowed only in cases affecting the sovereign, or the interests of the public at large, lent additional weight to the prerogative theory of the writ. These suggestions are believed to sufficiently explain the statements so frequently made in the reports that the writ of mandamus is a prerogative writ, issuing not of strict right, but at the will of the sovereign, and as an attribute of sovereignty.
As confined to the English system, and to the jurisdiction of the Court of King's Bench, those statements in the reports, ascribing to the writ prerogative features, are more nearly correct; but even then there seems to have been, since 1853, a marked tendency to divest the writ of even its sentimental prerogative features, and to treat it as a writ of right.
In this country the form of government is essentially different from that of England, and the sovereign will is not exercised upon occasion to meet emergencies. The people crystalise their will into laws for the equal government of all, in advance of cases which arise for their application, and the writ of mandamus does not arise directly from a sovereign, either in fact or theory, except in the sense that by pre-existing law all process runs in the name of the State : (80 Iowa, 229).
Indeed, it is extremely difficult to perceive how, in any case, mandamus can be deemed, in any sense, a writ prerogative; even though the power of granting it were confined to a particular court in each State, or to a particular Federal court, whose general functions should correspond to those of the King's Bench, and represent the sovereignty in the same way in which that court does in England, for even though you have this done, where and what is your sovereignty ? Certainly not in England do we find it existing. The false premise is fatal to the conclusion sought, and
agh this theory is sanctioned by a recent writer upon the subject, I believe it untenable.
We have reviewed the history of the writ, and noted its growth and the change in its nature. We have watched the divestment of its prerogative and extraordinary qualities, and observed its passage to the various common law courts of England, and we will sum up our work with a definition of mandamus, which shall, as nearly as may be, answer the question with which we began this paper : What is the modern remedy bearing this name?
Mandamus is an ordinary, original, personal, civil action, issuing as of right from a court of competent jurisdiction, with the office to compel the performance of a plain personal duty, which the petitioner has shown · a clear legal right to have done by the person to whom the writ is sent, and which that person has no discretion, on his part, to do or to refuse to do, though he has neglected or refused to perform it having the power to do it.
GUY CARLETON LEE.
APPOINTMENTS UNDER THE JOINT STOCK WINDING-UP ACTS. AFRICAN GOLD CONCESSIONS AND DEVELOPMENT COMPANY LIMITED.--Creditors to
send in, by April 15, their nemes and addresses and the particulars of their claims, and the names and addresses of their solicitors (if any), to Mr, B. Newstead, 3, Church-passage, Guildhall, the liquidator of the company. Clayton, Sons, and
Fargus, 10, Lancaster-pl, Strand, solicitors to the liquidator. AUSTRALASIAN TERRITORIES LIMITED (in voluntary liquidation).-Creditors to send
in, by April 10, their names and addresses and the particulars of their claims, and the names and addresses of tbeir solicitors (if any), to Mr. G. C. Harrower,
College Hill-chmbre, 23, College-bill, the liquidator of the company. BEDS AND HERTS LAND BUILDING AND ADVANCE COMPANY LIMITED (in liquidation).
-Persons having any debis due from or claims against the above named company to send in, by March 22, the full purticulars thereof to Mr. W. Austin, 7, George-st
West, Luton, the solicitor for the liquidators. BREMNAES GOLD COMPANY LIMITED (in liquidation).-Creditors to send in, by
April 12, their nanies and addresses and the particulars of their claims, and the pames and addresses of their solicitors (if any), to Mr. C. H. Smith, 6a, Austin
Friars, the liquidator of the company, BULTFONTEIN SUN DIAMOND MINE LIMITED.--Petition for winding-up to be heard
March 10, before the Court sitting at the Royal Courts of Justice, Strand. E. G. Barrett, 11, Poultry, solicitor for the petitioner. Notices of intention to appear on the hearing of the petition must be signed by the person or firm, or his or their solicitor (if any), and must reach the above-named not iater than six o'clock on
March 9. BRITISH EXPLORATION COMPANY LIMITED.-Petition for winding-up to be heard
March 10, before Mr. Justice Vaughan Williams. Dixon, Watts, and Elkin, Savoy Mansions, the Saroy, solicitors for the petitioners. Notices of intention to appear on the hearing of the petition must be signed by the person or firm, or his or their solicitor (if any), and must reach the above-named not later than six o'clock on
March 9. CEFN-Y-VAN ESTATE COMPANY LIMITED.-Creditors to send in, by March 41, their
names and addresses and the particulars of their claims, and the names and addresses of their solicitors (if any), to Mr. C. E. Dovey, 31, Queen-st, Cardiff,
the liquidator of the company. DEVONIA SHIPPING COMPANY LIMITED (in liquidation). --Creditors to send in, by
April 10, their names and addresses and the particulars of their claims, and the names and addresses of their solicitors (if any), to Mr. J. H. Goodyear, 31,
James-st, Liverpool, the liquidator of the company. GREAT BOULDER EAST EXTENDED GOLD MINES LIMITED -Creditors to send in, by
March 31, their names and addresses and the particulars of their claims, and the names and addresses of their solicitors (if any), to Mr. R. Warner, 300,
Winchester-house, the liquidator of the company. HARPENDEN FREEHOLD ESTATES COMPANY LIMITED.-Creditors to send in, by
March 14, their names and addresses and the particulars of their claims, and the names and addresses of their solicitors (if any), to Mr. W. Briggs, 9, New
69, Lincoln's-inn, the liquidator. MAZOE DEVELOPMENT COMPANY LIMITED (in liquidation).-Creditors to send in, by
May 31, their names and addresses and the particulars of their claims, and the names snd addresses of their solicitors' (if any), to Mr. G. G. Walker, the
liquidator of the company. MITCEELL AUSTRALASIAN SYNDICATE LIMITED.--Creditors to send in, by April 9,
their names and addresses and the particulars of their claims, and the names and addresses of their solicitors (if any), to Mr. J, G. Langton, 6A, Austin Friars, the liquidator of the company. Ingle Holmes and Sons, 20, Threadneedle-st,
solicitors for the liquidator. MANCHESTER TUBE SYNDICATE LIMITED.-Petition for winding-up to be heard
March 9, before the Lancashire Couuty Court holden at ihe Court-house, Quay-st, Manchester, at ten o'clock. Sale, Seddon and Co., 29, Booth-st, Manchester, solicitors, agents for Me8818. Ashurst, Morris, Crisp, and Co.. 17, Throgmortonav., solicitors for the petitioner. Notices of intention to appear on the hearing of the petition must be signed by the person or firm, or his or their solicitor (if any),
and must reach the above-named not later than six o'clock on March 8. NORTH WALES MINING PROPRIETARY LIMITED.-Petition for winding-up to be heard
March 10, before the court sitting at the Royal Courts of Justice, Strand. Nicholson, Graham, and Graham. 24, Coleman-st, solicitors for i Te petitioner. Notices of intention to appear on the hearing of the said petition, must be signed by the person or firm, or his or their solicitor (if any), and must reach the above-named
not later than six o'clock on March 9. NORTH BORNEO PROSPECTING AND CULTIVATION SYNDICATE LIMITED.-Petition for
winding-up to be heard March 10, before the court sitting at the Royal Courts of Justice, Strand. F. J. Abbott, 3, Long-acre, solicitor for the petitioner. Notices of intention to appear on the hearing of the said petition must be signed by the person or firm, or his or their solicitor (if any), and must reach the above-named
not later than six o'clock on March 8. NEWMARKET BREWERIES AND WHITE HART HOTEL COMPANY LIMITED.- Order for
continuation of voluntary winding-up, subject to the supervision of the court made by Mr. Justice Byrne on Feb. 15. A. Myers, 3, South-sq, Gray's-inn,
solicitor for the liquidator. NORTHERN WEALTH OP NATIONS LIMITED.-Creditors to send in, by April 10, their
names and addresses and the particulars of their claims, and the names and addresses of their solicitors (if any), to Mr. A. H. Hardy, 5, Angel-ct, the liquidator of the company. Romer and Haslam, 4, Copthall-chmbre, solicitors to the
liquidator. S. H. SIDIRE AND CO. LIMITED.--Creditors to send in, by April 8, their names and
addresses and the particulars of their claims, and the names and addresses of their solicitors (if any), to Mr. C. H. Cooper, Ogden's-chmbrs, 134, Deansgate, Manchester, the liquidator of the company. Grundy, Kershaw, and Co.,
79, Mosley-st, Manchester, solicitors to the liquidator. TIVOLI PALACE LIMITED. --Creditors to send in, by April 15, their names and
addresses and the particulars of their claims, and the names and addresses of their solicitors (if any), to Mr. T. Van Putten, Hanway-pl, the liquidator of the
company. Campion and Simmons, 90 and 91, Queen-st, solicitors to the liquidator. WATERHEAD LAND COMPANY LIMITED.--Petition for winding-up to be heard March 12,
before the Lancashire County Court sitting at the Public Hall, Baillie-st, Rochdale. G. P. Fripp, 18. Clegg-st, Oldham, solicitor for the petitioner. Notices of intention to appear on the hearing of the petition must be signed by the person or firm, or his or their solicitor (if any), and must reach the above-named not later than six o'clock on March 11.
CREDITORS UNDER ESTATES IN CHANCERY.
LAST DAY OF PROOFS. BALD (Edward William), Guadalajara, Jalisco, Mexico, formerly of Old Bond-st,
Piccadilly, also formerly of Denver, Colorado, and of Los Angeles, California, U.S. and Niagara Falls, Ontario, Canada. May 22 ; c. w. Dommett and Son,
solicitors, 46, Gresham-st. May 31; Mr. Justice Kekewich, at two o'clock. SIDDALL (George), 150, Plymouth-grove, 256, Oldham-rd, and of Smithfield Market,
all in Manchester, Lancashire, provision merchant and dealer. April 1: H. Rogers, solicitor, 23, Cross-st, Manchester. Liverpool District of the Court of Chancery of the County Palatine of Lancaster
April 14; the Registrar of the 9, Cook-st, Liverpool, at eleven o'clock.
CREDITORS UNDER 22 & 23 VICT. C. 35.
LAST DAY OF CLAIM AND TO W10m PARTICULARS TO BE SENT. AKESTER (Mary Elizabeth), Newbegin, Hornsea, East Riding of Yorkshire. spinster.
March 31: A. M. Jackson and co., solicitors, Victoria-chmhrs. Bowlalley-là. Hull. ADAMS (Sydney Herbert) Sampson's Lodge, Oldham, Suffolk, medical student. March
27: Ffenpell and Newman, solicitors, Hadleigh, Suffolk. ATKINSON (John). 34. Victoria-rd, Tranmere, Cheshire, retired shipwright: and his
wife. ATKINSON (Bridget). March 31; W. H. Reinhardt, solicitor, 33, Hamilton
st, Birkenhead. BAILEY (Anna Maria), St. Aruaud, Victoria, widow, who died on July 11, 1885 ;
LAUGATON (Mary). Salford, Manchester, who died on Nov. 22, 1867: BAILEY (Eva), Indented Head, Bellarine or Drysdale, Victoria, who died on March 28, 1856; BAILEY (William), Rangoon. India, who died on July 2, 1861 ; BAILEY (Alexander William), Northcote. Victoria, gentleman, who died June 19, 1878 : BAILEY (Alexander William), Indented Head, Bellarine or Drysdale, Victoria, who died March 9. 1859; BAILEY (Arthur, or Arthur Cole), formerly of Townsville, Queensland, afterwards of 2, Prinres-pl, late of 39, Duke-st, St. James's, London, who died Dec. 27. 1876; and BAILEY (Louisa Maria). Avoca, Victoria, who died Feb. 4, 1884. The above-named deceased persons were all members of the same family. Morch 31: Messrs. Blyth, Dutton, Hartley, and Blyth, solicitors, 112,
Gresham-house, Old Broad-st. BROCKHURST (Thomas), Pulborough, and of Harting, Sussex. March 25; T. Brock
hurst, one of the executors Harting, Petersfeld. IUXTON (Benjamin), Birches Farm, near Hanley, Staffordshire, farmer. March 26 ;
Paddock and Sons, solicitors. 3, Pall Mall, Hanley. FRANDON (David). 21. Berkeley-sq. gentleman. April 8; Dawes aud Sons, solicitors,
9, Angel-ct. Throgmorton-st. BAILEY (Jesse). Bilston, Staffordshire, general dealer. March 11: J. D. Wassell,
solicitor, Bilston. BARKER (William), Hutton Rudby, North Riding of Yorkshire, builder. March 27;
W. Lowther Carrick, solicitor. Stokesley. York, R.S.O. CHEW (Thomas), the elder, 352, Queen's-rd, Cheetham, and of 4a, Cheetham Hill-rd,
both in Manchester, horse-hair and fhre manufacturer and brush material merchant. March 25, Phythian and Bland, solicitors, 27, Brazenose-st, Man
chester. CRARE (Margaret). 56. Studley-rd. Harrogate, Yorkshire, widow. March 31 ; Riddell,
Vaizey. and Smith, solicitors, 9, Jobn-st, Bedford-row. CHILD (Edwin). Naw Malden, Surrey, surgeon. March 25; T Child, one of the
executors, Vernham. Merton Hall-rd, Wimbledon, Surrey. Durham, Carter, and
Durham, solicitors, 3, Arundel-st, Strand. CHARLTON (William), 15, Norwood-st. Kingston-upon-Bull, consulting engineer.
May 31 ; A. M. Jackson and Co., solicitors, Victoria-chmbrs, Bowlalley-la, Hull. CRAWFORD (Louisa) the Villa, Houghton-le-Spring, Durbam, spinster. April 15;
T. Maddison, solicitor, 41 Sadler-st, Durham. CALVERT (Hannah), 6. Stipendiary-st, Leeds, widow. April 15; W. Willey, solicitor,
5, South-parade, Leeds. CROCKER (Coarles), 51, Friday-st. gentleman, April 12; Phelps, Sidgwick, and
Biddle, solicitors, 22, Aldermanbury. CLARK (Sarah_Anne), formerly of Kegworth, Leicestershire, late of Chescombe,
Durdham Down, Bristol, widow. March 31; F. J. Clark, solicitor, 5, Unity-st,
Bristol CORBY (Rer. William Frederick Corry De Bentley), Bengeworth. Eresham, Worces
tersbire, clerk in holy orders, April 6; Eades and Son, solicitors, The Abbey,
Evesham. CARR (Jane), 5, Gloucester-st, Belgrare-rd, S.W., widow March 25; Roopers and
Whateley. solicitors, 17, Lincoln's-inn-Aids. CLARKE (Kezia), Green Farm, North Piddle, Worcestershire, widow. April 3;
Curtler. Daris, and Curtler, solicitors, Worcester. CHAPLIN (William Augustus), 3, Gloucester-sq, Hyde Park, and of Wyndham Lodge,
Melton Mowbray. gentleman. March 25; H. Robartes, Esq., the agent of the executors, 65, Gresham-st. Park, Nelson, Morgan, Ferguson, and Davie,
solicitors. 11, Essex-st, Strand. CONINGHAM (Charles Stuart), 17, Pall Mall. March 27; Angrove and Bromwich,
solicitors, 14. Great Winchester-st. Cox (William Alfred). 2, Mulgrave-rd, Sutton, Surrey, surgeon and medical prac
titioner. March 26 ; Spencer, Gibson, and Son, solicitors, 61, High-st, Sutton,
Surrey. CAMPBELL (Colin), 26, North Park-rd, Bradford, Yorks, who carried on bussness as
manufarturer and merchant under the style of Campbell and Co at 46, Vicar-la,
Bradford. March 26 ; Humphreys and Hirst, solicitors, 5, Harrison-rd, Halifax. CHAMBERLAIN (Ann), ], Bridge-rd. West Batterses, Surrey, widow. March 30;
Whitakers and Woolbert, solicitors. 12, Lincolu's-inn-fids. COCKRANE (Robert), West Hartlepool, Durbam, clothier. March 9:J. Hunter,
74, Church-st, West Hartlepool. J. R. Fryer, solicitor, West Hartlepool. DAY (Eliza Slade). 53. Adelaide-rd, Hampstead, widow; April 5; Coode, Kingdon,
and Cotton, solicitors, 34, Redford-row. DAVIES (Margaret), The Elms. Wigan. Lancasbire, spinster. March 31; Woodcock,
Stobart, ahd Pears, solicitors, 36, King-st. Wigan. DELL (Leri), Denmark House, East Cowes, Isle of Wight, Southampton, formerly a
gas manufacturer. April 6; W. J. Bailey, jun, solicitor, Newpori, Isle of Wight. DEAKIN (Henry), formerly of the Telegraph Hotel, Shepherd's Bush, late of the
Oaklands, Horsham-rd. Dorking. Surrey. March 29; H. J. and T. Child,
solicitors. 2. Paul's Bakehouse-ct, Doctors' Commons. DAVIES (William Trerelyan Somerset Kevill), Moor Hall, Shropshire, gentleman. late
captain in Her Majesty's Army. March 22; Weyman and Weyman, solicitors,
Ludlow. Salop. DAVIS (Jane), Charleton Mackrell, near Somerton, Somerset, formerly of 2, Althorpe
ter, lipper Tooting, Surrey, spinster. April 7 ; E. Flux and Leadbitter, solicitors,
144, Leadenhall-st. EVANS' (John). 91. Park-cres, North Sbields, Northumberland, fish merchant.
April 2; Dickinson, Miller, and Dickinson, solicitors, 97, Howard-st, North
Shields. EATOCK (William). 3, Mill-la, Daisy Hill. Westhoughton. Lancashire, retired farmer.
March 31 : J. Hodgkinson, solicitor, 9, Acrosfleld, Bolton. Evans (Rev. Albert Eubule), Kirk Hallam, Derbyshire, clerk in holy orders. June 1:
Wadeson and Malleson, solicitors, 7, Deronsbire-sq, Bishopsgate. FAULKNER (Josept) 201, Drake-st. Rochdale, Lancashire, veterinary surgeon. April
9: Standring, Taylor, and Standring, Folicitors, 1, King-st, Rochdale. FEREDAY (Edward), West Bromwich, Staffordshire, retired publican. April 12; W.
Bache, solicitor, Churchill House, West Bromwich. FORSTER (Anthony). 6, Anglesed-ter, St. Leonard's-on-Sea, Sussex. gentleman.
April 1: Marsball and Pridbam, solicitors. 26, Theohald's-rd, Gray's inn. FLUDYER (Rer. Sir John Henry), Ayston, Rutlandshire, baronet. May 1; Arnold and
Henry White, solicitors, 12 and 14, Great Mar]borough-st. GIBSON (George), Mainsfield Farm, Coli Rowley, near Castleside, Durham, farmer.
April 15; T. Maddison, solicitor, 44. Sadler-st, Durham. GURNEY (Emelia), 3, Orme-eq, Bayswater, widow of the Right Hon. Russell Gurney.
M.P., formerly of 8, Kensington Palace-grdns. April 5; Hawes, Wood, and
Ware, solicitors, 7, Great Winchester-st. GOSSAGE (Tbomas), Creaton, Northamptonshire, farmer and grazier. April 13; Becke
and Green, solicitors, 20, Market-6q, Northampton. GIMBLETT (Robert James), Williton, Somersetshire, gentleman. March 13 ; Ponsford,
Joyce, and Davis, solicitors, Williton, Somerset. HARKIS (Llewellyn Boult), Ashtead, Surrey, gentlemen. April 8; Dawes and Sons,
solicitors. 9. Angel-ct, Throgmorton-st. HOWLETT (Henry), Aslacton, formerly of Beeston, St. Andrew, both in Norfolk, farmer.
May 8: H. R, Culley, solicitor, 12, Bank-st, Norwich. HOTHAN (Augustus Thomas), 17, Calrerley-pk, Tunbridge Wells, Kent, gentleman.
March 24, Stone, Simpson, and Son, solicitors, Tunbridge Wells. HOLNESS (John), Queen's Head inn, William-st, Herne Bay, Kent, licensed rictualler.
March 31: H. U. Jones, solicitor, 18, High-st, Herne Bay. HOBLYN (Cyril Onslow Peter), Colquite. Bodmin, Cornwall, gentleman. March 6;
R. P. Edyrean, solicitor, Mount Folly, Budmin.
HUXLEY (Joseph), 44, Dale End, Birmingham, Warwickshire, grocer. March 25 ;
E Jaques and Sons, solicitors, 102, Colmore-row, Birmingham. JACKSON (Arthur Percy), formerly of Lanosdown, Bromley-common, Kent, late of
Fairlawn, Fairmile. Cobham, Surrey, and of Cordwainers'-hall, 7, Cannon-st,
solicitor. March 27 ; H. 6. Clarke, solicitor, 7. Cannon-st. JONES (David William), 178, High-st. Dowlais, Glamorganshire, outAtter. April 1;
Jones and Beddoe, solicitors, Merthyr Tydfl. JOSEPH (@ymen Aron), 45, Aberdeen-park, Highbury, gentleman. April 13; Wild
and Wild, solicitors, 31, Lawrence-la. Cheapside. JAMES (John), Franchise-st. Perry Barr, Staffordshire, gentleman. April 26; Blewitt,
Reynolds, and Co., solicitors, 35, Waterloo-et, Birmingham. JACKSON (Florence), Edinburgh Castle, 3, Chapel-st, Salford, Lancashire, beerhouse
keeper, widow. March 31 J. M. Simpson, solicitor, 27, King-st, Manchester. JERVIS (Margaret). 45, Ceylon-ter, Eastbourne, formerly of 3, Perengey-rd. St.
Leonards-on-Sea, both in Sussex. April 6; J. and E. Whitworth, solicitors, 2, St.
James's-sq, Manchester. JOHNSON (Henry). Bingham, Nottinghamshire, wine and spirit merchant. March 29 ;
C. A. Mayhall, solicitor, 7, St. Peter's Church-walk, Nuttingham Knight (Samuel), formerly of Dalehall, Burslem, Staffordshire, butcher, late of
Wolstanton, Staffordshire, gentleman. April 13 ; Tomkinson, Norris, and Norris,
solicitors, Burslem. KING (William), 24, Lincoln's-inn-fids, and of Acacia-av, Addlestone. Surrey, actuary.
March 13; Caprons, Dalton, Hitchins, and Brabant, solicitors, Saville-pl,
Conduit-st. KNIGAT (Mary), Church Villa, Harrow, widow. April 1; Tozer, Whidborne, and
Tozer, solicitors, Teignmouth. LYSONS (Joshua). Pendlebury, Lancashire. April 2; Bowden and Widdowson,
solicitors, 19, Brazendose-st, Manchester. LANGRISH (William), Bitterne, Southampton, yeoman. April 3; F. I. and J. C.
Warner, solicitors, Jewry-st. Winchester. MORGAN (Richard), Bridgend House, Llanguryfon, Cardiganshire, grocer. April 1;
J. Davies, solicitor, Townhall, Aberystwith. MOORE (William Henry), 74. Norih-st, Brighton, Sussex, tobacconist. April 1; T. A.
Goodman, solicitor, 9. North-st. Brighton. MOODY (Henry), the Tower, Pitsmoor-rd, Sheffield, mining engineer and a member of
the frın of Moody Brothers and Co.. of Clydach, Glamorganshire, colliery pro
prietors. Aprill; Smith, Smith, and Elliott, solicitors, Meeting House-la, Shemald MARTIN (Fanny Wilson), Manor Cottage, High Beech, Dear Loughton, Essex, widow.
April 6: F. R Nott, solicitor, 6. New-inn. MUNDAY (Richard White), Horn hotel, Braintree, Essex, licensed victualler. April 7 ;
F. Smoothy, solicitor, Braintree, Essex. MARRIOTT (Elizabeth). 9, Henrietta-villas, Bath, Somersetshire, spinster. April 20;
G. S. Pearce, solicitor, 14, New Bond-st, Bath. NEILL (Lucy Mary), formerly of 165, Newington-causeway, late of Beer Alston, near
Tavistock, Deronshire, spinster. May 1; G. and F. East, solicitors, 10, Basing
hall-st. Neal (Robert), 16, Cleveland-parade Darlington, Durham. April 3 ; Steavenson and
Sons, solicitors, Houndgate, Darlington. PURNEY (Blanche), 17. Lady Somerset-rd, Kentish Town, spinster. April 1; Saxton
and Morgan, solicitors. 29, Somerset-st, Portman-sq. PATTISON (Rachael), 5, Hudson-rd, Bishopwearmouth, Durham. March 30; W. H.
Herbert, solicltor, 49 West Sunniside, Sunderland. POG (Edward), Guilsfeld, Montgomeryshire, gentleman. March 25; C. H. Howell,
solicitor, Welshpool, PRINCE (Edmund John), the Lady Mildmay, Wolsey-rd, Mildmay-park, licensed
victualler, April 6; Layton, Sops, and Lendon, solicitors, 29, Budge-row. PEAKSON (Thomas), Keynsham, Somersetshire, gentleman. March 20; G. O'Connor
Parnell, solicitor, Guildhall-chmbrs, Bristol. RAWSTBORNE (Margaret), Whasset, near Milnthorpe, Westmorland, spinster.
March 24: Watson and Chorley, solicitors, 31, Stramongate, Kendal. SALISBURY (Henry). Rock Villas, New Miils, Derbyshire, engraver to calico printers.
April 3: A. Walker, solicitor, Spring Bank, New Mills. SWATHAN (Francis John), King's Lynn, Norfolk, gentleman. April 24; Archer and
Archer, solicitors, King-st, King's Lynn. SALTMARSAE (Mark Alfred) 1, Comeragh-rd, West Kensington, physician and surgeon.
April 10; N. M. Saltmarshe, the widow, 1, Comeragh-rd. R. A. Harding, solicitor,
16, Ab.hurch-la, Cannon-st. STAPLETON (Joseph Whitaker). Rossye Lodge, Central-hill, Upper Norwood, Surrey,
gentleman. March 26; Attenborough and Son, solicitors, 16, Ely-pl, Holborn. SHEPHERD (John), Hoyland Nether, near Bsrnsley, Yorkshire, blacksmith. April 1 ;
Smith Smith, and Elliott, solicitors, Meeting House-la, Sbeffield. SHARRAD (William Cradock), formerly of Lougbborough, Leicestershire, haberdasher,
late of 15, Everton-rd, Birkdale, Southport, Lancashire, gentleman. March 25;
Deane and Hands, solicitors, Townball-passage, Loughborough, Leicestershire. Teoxas (Rachel), Squborwen, Aberdare, Glamorganshire, and of 28, Norfolk st,
Park-la, London, and blunsden Abbey, Wiltshire, widow. March 15; Lewis and
Jones, solicitors, 83, Victoria-st, Merthyr Tydfl. TAYLOR (Eliza), 55, Thistlewaite-rd, Lower Clapton, spinster. March 22 ; Stea venson
and Could well, solicitors, 93, Gracechurch-st. THORPE (Charles Henry), Bowling Green hotel, Bradford, Yorkshire. licensed
victualler. March 29; J. Freeman, solicitor, Queen Anne-chmbrs, Sunbridge-rd,
Bradford. TIMBRELL (Aubrey Augustus), 24, Martin's-le, Cannon-st, and of 202, High-rd,
Leyton, Essex, solicitor. April 10 ; Vincent and Vincent, solicitors, 20,
Budge-row, Cannon-st. THORNE (Susan), Cruwys Morchard, Devonshire, widow. April 2; R. S. Crosse,
solicitor, 25, Broad-st, South Molton, Devon. UNITE (George Richard), Blackwell Court, near Bromsgrove, Worcestersbire, and of
the firm of George Únite and Sons, of 69, Caroline-st, Birmingham, silversmiths.
April 2; J. B. Clarke and Co., solicitors, 40, Waterloo-st, Birnsingham. UZIELLI (Thérèse Rosalie), Hanover Lodge. Regent's Park, widow. March 31;
Thomsons, Brooks, and Danby, solicitors, 63, Cornbill. VERNON (Lieut.-Col. George Augustus), Harefleld Park, Uxbridge. March 31 ; Lowe
and Co., solicitors, 2, Temple-grdus, Temple. WARKINER (Erole), 64, Holland-pk, gentleman. April 10; Meek, Jackson, and
Jackson, solicitors, Devizes, Wilson (Dr. Thomas Watkins), 71, Philbeach-grdns, retired surgeon of Her Majesty's
Indian medical service. March 18; Waddilove and Johoson, solicitors, 23, Knight
rider-st, Doctor's-commons. WATERHOUSE (Chomas), Armstrong's botel, Bradford, Yorkshire, licensed victualler.
March 27; R. N. Rhodes, solicitor, Tanfield-chmbrg, Bradford. WILLIAMS (John), Ship Villa, Church-walks, Llandudno, Carnarvonshire, mining
captain. April 1; Chamberlain and Johnson, solicitors, Llandudno. WILLIAMS (Alfred Spalding), 28, Newton-rd, Bayswater, gentleman. April 5; Parson,
Lee, and Co., solicitors, Abchurch House, Sherborne-la. WADDINGHAM (James), 12, Kirkham-st, Salford, Lancashire, gentleman. July 1: W.
Tombleson, one of the administrators, South Ferreby Hall, Barton-on-Humber. WHITE (Richard). 3, Lansdowne ter, Bath, gentleman. May 1; J. A. Tucker, solicitor,
5, Terrace-walk, Bath. WHITEHALL (Michael Thomas), 7, Rushey-green, Lewisham, Kent, gentleman.
April 25 ; Newton and Lewin, solicitors, 180, High-st, Lewisham. WYBROW (William). High Cliff, Dawlish, Devonshire, gentleman. April 17; Tozer,
Whid borne and Tozer, solicitors, Dawlish, Devon. WEERS (James), formerly of 13. Endwell-zd, Brockley, Kent, late of 16, South-st,
Greenwich. Kent. April 17; Rooke and Sons, solicitors, 45, Lincoln's-inn-flds. VENNING (Marianne), Liskeard, Cornwall, widow, April 17; Pomeroy, Tanner, and
Clarke, solicitors, 15, Clare-st, Bristol. Wildy (Augustus Samuel), formerly of 3, Threadneedle-st, late of 116, Regent's
Park-id, gentleman. April 5; A. C. Beattie, solicitor, 119 and 120, London-wall. WELCH (Janues), 55, King William-st, and of 20, London-rd, both in Blackburn,
Lancashire, watchmaker and jeweller. March 27; Malam Brothers, solicitors,
Exchange Flags, Blackburn. WOODCOCK (Henry Cleever), Rearsty, Leicestershire, gentleman. March 24; R. B.
Berridge and Sons, solicitors, 8, Friar-la, Leicester.


LESS THAN 7 NIGHT CHARTERS: For 6 nights divide by 7N X 6N. For less than 6 nights, divide by 6N X number of nights.
SLEEP ABOARD: 1/2 the daily rate. Dinner ashore at client expense. Includes boarding after 4pm, welcome cocktail and breakfast the next morning and early start.
Includes 7 breakfasts, 4 lunches & 3 dinners. Requires 3 lunches and 4 dinners ashore at client expense.
Includes: 7 breakfasts, 5 lunches & 6 dinners. Requires 2 lunches and 1 dinner ashore at client expense.
CHRISTMAS: Fully crewed only, full-board only, 6 night minimum, Christmas must end no later than 12/28.
NEW YEARS: Fully crewed only, full-board only, 6 night minimum, NY's may start no earlier than 12/29.


Turn heads with this stunning two colour mother of pearl bracelet watch. The striking mother of pearl dial features rose gold markers and roman numerals at 12 and 6 o'clock. Combining soft feminine rose gold with stunning silver this beautiful watch will suit your own signature style.


text:
Image Source: digital.bodleian.ox.ac.uk
Bodleian Library MS. Marsh 144. 111/435. "Perseus (barshawush, or hamil ra's al-ghul), the bearer of the demon's head. (Constellations of the northern hemisphere). | Al-Sufi's Book of the Fixed Stars, a revision of Ptolemy's Almagest with Arabic star names and drawings of the constellations. Dated 1009-10 (A.H. 400)"
Image Source: babel.hathitrust.org
V. Rosen, Les manuscrits arabes de l'Institut des Langues Orientales, St. Petersburg, 1877, p. 118. No. 185.
A: Isfahan, Isfahan Province, Iran
The Oldest Surviving Illustrated Arabic Manuscript: al-Rahman al-Sufi's Treatise on the Fixed Stars
Bodleian Library MS. Marsh 144. 111/435. (p. 101) "Cassiopeia (dhat al-kursi), the woman with the throne. (Constellations of the northern hemisphere). | Al-Sufi's Book of the Fixed Stars, a revision of Ptolemy's Almagest with Arabic star names and drawings of the constellations. Dated 1009-10 (A.H. 400)"
The two oldest illustrated Arabic manuscripts are copies of Abd al-Rahman al-Sufi's Treatise on the Fixed Stars. One of these is preserved in the Bodleian Library, Oxford (Ms. Marsh 144).
"The pictures show the configurations of the stars in the forty-eight constellations recognized by Ptolemy, but the figures are dressed in Oriental rather than classical Greek garb. Al-Sufi wrote in his text that although he knew of another illustrated astronomical treatise, he copied his illustrations directly from images engraved on a celestial globe, indicating that he was not working in a manuscript tradition. According to the eleventh-century scholar al-Biruni, al-Sufi explained that he had laid a very thin piece of paper over a celestial globe and fitted it carefully over the surface of the sphere. He then traced the outlines of the constellations and the locations of individual stars on the paper. Al-Biruni later commented that this procedure 'is an [adequate] approximation when the figures are small but it is far [from adequate] if they are large.' The Oxford manuscript of al-Sufi's text was copied from the author's original by his son" (Bloom, Paper Before Print. The History and Impact of Paper in the Islamic World [2001] 143-44 and figure 51).
Digital facsimile from Digital Bodleian at this link.
The other copy of this work in Leningrad (St. Petersburg) "dated 396/1005-6 and 02/1011 and was copied from Sufi's holograph completed in 355/965 and dedicated to the Buwayhid 'Adud al-daula" (D. S. Rice, "The Oldest Illustrated Arabic Manuscript," Bulletin of the School of Oriental and African Studies, University of London, 22 (1959) 207-220, quotation from p. 207).
Book History from 1000 to 1451
Manuscripts & Manuscript Copying

redpajama_set_name: RedPajamaCommonCrawl


text:
Home > Books > Holiday >
Lieutenant Terry's Christmas Fudge
Item #: DBD-55182461
UPC / ISBN: 9781629723679
In Stock - Ships from Utah in 1-3 days.
On a mission to bomb a French bridge and slow down Hitler's retreating army, U.S. bomber pilot Wendell B. Terry miraculously survived a harrowing parachute jump after his plan was hit by enemy fire. Scorched by the burning plane, he landed amid German SS troops and soon found himself in a German prisoner-of-war camp. He shared a cement room with 23 other prisoners. He lived with a dirt floor, no heat to ward off the bitter cold, one small window, and not much to do. To make matters worse, Christmas was approaching, and Lieutenant Terry's heart ached for his new wife and their child who would soon be born.
In the depths of the cold and dark, however, a light of hope was sparked by the arrival of a small parcel from the Red Cross. Chosen by lottery to receive that package, Lieutenant Terry opened it to find a small can of powdered milk, a packet of sugar, two squares of unsweetened chocolate—and a chance to bring a glimmer of Christmas joy to his fellow prisoners.
Brought to life with original drawings by Lieutenant Terry himself, this heartwarming true story of sharing what little you have even in the direst of circumstances will inspire you to look for small ways to bring joy to others. Charmingly retold by beloved author Gerald N. Lund, Lieutenant Terry's Christmas Fudge is a classic tale you'll want to revisit every Christmas for years to come.
Christmas Jars (Collector's Edition)
Our Family Christmas: Creating Meaningful and Memorable Christ-Centered Traditions
Fire and Steel, Vol. 5: Out of the Smoke
Nativity Charm Necklace
Threads of Faith: A Christmas Miracle
Abraham Lincoln and Joseph Smith
The Book of Mormon Journal Edition - Orange Floral
Temple Coordinates Necklace
Lieutenant Terry's Christmas Fudge
By Debra on 12/31/2017
I love that it is a true story about sharing what little you have with people who are going through the same thing you are. It's about finding joy in the middle of despair.


text:
By: Alice Kuzmenko
Detention of a minor for his own protection – round two
23 November 2021 by Alice Kuzmenko
The Court of Appeal has recently upheld the High Court decision that Section 38 of the Police and Criminal Evidence Act 1984 ("PACE") is not incompatible with Article 5 of the European Convention on Human Rights ("ECHR") insofar as it purports to authorise the detention of minors for their own protection, in the case of Archer v Commissioner of Police of the Metropolis [2021] EWCA Civ 1662.
For a more detailed exploration of the factual background and High Court decision, please see my post on the UK Human Rights Blog following the lower court's decision.
In 2012, the Appellant, then a juvenile, was arrested on suspicion of violent disorder and possession of an offensive weapon. This happened five days after he was struck on the head and stabbed in the back and head by people he described as local gang members. He was charged with those two offences, but refused bail for the following reasons by Sergeant Smith:
[…] it is believed necessary to further detain the person for their own protection, that the detained person has been arrested for a non-imprisonable offence and it is believed necessary to further detain to prevent physical injury to another person, that the detained person has been arrested for an imprisonable offence and it is believed necessary to further detain in order to prevent the commission of a further offence.
The grounds are Dp [detained person] has been involved in a 'gang' related fight where he has sustained injuries that required hospital treatment. It is feared that if released on bail there will be repercussions where he may sustainfurther injuries or inflict violence upon his original intended victims
The missing Rule 35 mechanism for immigration detention in prison
27 April 2021 by Alice Kuzmenko
The Court of Appeal in MR (Pakistan) and Another v Secretary of State for the Home Department [2021] EWCA Civ 541 recently dealt with appeals regarding the absence of a process to assess the vulnerability of a person detained under immigration powers at Her Majesty's Prisons ("HMPs"). This absence remains despite such a process existing for those detained under the same immigration powers in Immigration Removal Centres ("IRCs") by virtue of Rules 34 and 35 of the Detention Centre Rules. These provisions enable a medical report to be prepared which is then considered by the SSHD when deciding on the management of the individual under relevant policy guidance.
The Court upheld the claim in part, holding that whilst this discrepancy did not give rise to systemic unfairness, in the individual two cases there was an irrational failure to obtain a Rule 35 report or equivalent. Despite this, however, it was held that these failures were not relevant to the decisions to detain the individuals in the particular cases.
Detention of a minor for his own protection
14 July 2020 by Alice Kuzmenko
The High Court recently dismissed a claim of incompatibility with Article 5 ECHR arising from a detention of a minor for his own protection in the case of Archer v Commissioner of Police of the Metropolis [2020] EWHC 1567 (QB).
On 17 February 2012, the Claimant, then 15 years' old, was struck on the head and stabbed in his back and head by persons he described as members of a local gang, the Deptford Boys. This took place near to his home. He was treated at King's College Hospital.
But on 22 February 2012, he was arrested on suspicion of violent disorder and possession of an offensive weapon. He was placed in a cell at 7:25am, and by 7:45pm he was charged with those two offences. He was, however, refused bail at 7:53pm. The reasons for refusal by Sergeant Smith are recorded as follows:
The grounds are Dp [sc. detained person] has been involved in a 'gang' related fight where he has sustained injuries that required hospital treatment. It is feared that if released on bail there will be repercussions where he may sustain further injuries or inflict violence upon his original intended victims.
On the morning of 23 February, he was taken to Bexley Youth Court, where he was remanded in custody.
It is this period of 13 hours from the refusal of bail to the remand by Court that the Claimant sought to argue was unlawful.
High Court overturns decision not to prosecute rape allegation
The Divisional Court has recently handed down a novel decision in R (FNM) v DPP, considering the right of complainants to a fair opportunity to make representations to the Director for Public Prosecutions ("DPP"), and for those representations to be considered, when conducting a review under the Victims' Right to Review Scheme ("the VRR Scheme").
The Court held that in circumstances where the DPP had not waited to give the complaint an opportunity to make representations as to whether there should be a criminal prosecution, the decision not to prosecute was materially flawed.
All Hale Parliament: Responding to the Reith Lectures
16 October 2019 by Alice Kuzmenko
Lady Hale has thrown her wig into the debate on whether the law, represented by the courts, is gaining power while politics in Parliament is losing it. She is not the first to critique Lord Sumption's Reith Lectures, as they were covered at ALBA's Annual Conference too (see Law Pod UK episodes 88, 89, and 91).


We often start our mornings in a frenzy, missing out on breakfast, grabbing our stuff and the car keys, and just dashing out the door. The rest of the day reflects our state of mind, and as a result, we often experience low self-esteem, forgetfulness, a horrible commute, or a bad day at work. It is imperative to realize the fact that the tone of our mornings determines the quality of our day. Jim Rohn, a famous American Entrepreneur said that 'for things to change, you need to first change yourself'.
Something that I have learned during the course of improving the quality of my life is that how we live our mornings can either make us or break us. We can either wake up feeling optimistic, and willing to own the day, or we can just fill up our mornings with negativity, and let the entire day go out of our hands. A research study published in the Journal of the Academy of Management confirmed that the morning moods of the persons have a significant effect on their performance, how they perceive events, and how they spend their rest of the day (Rothbard and Wilk, 2011). Therefore, the morning moods that we carry with us each day have a significant impact on our daily lives. Hence, the first few minutes of the morning are highly crucial for setting the pace of your entire day. I recommend four adjustments that you need to make in your morning routine to set the pace for positivity and productivity.
The first thing we do, right after we put off the alarm on our phone is that we constantly stare at the screen for several minutes while in bed, we check for emails, messages, and our social media news feeds. This bad habit of ours offers us nothing but damage. Staring at the screen of your cellphone for checking messages and stuff right after you wake up promotes a reactive mindset, rather than a proactive one. This leads you to start off your day in a defensive state of mind.
You need to separate yourself from technology for at least the first two hours of your day, this will help you begin your day with a fresh and positive mindset.
After going hours without a drop of water, it is highly beneficial to drink a glass of lukewarm water and hydrate your body. A glass of Luke warm water ingested early in the morning on an empty stomach can do wonders for you. According to a book published by Vijaya Kumar, the Ayurvedic technique of adding fresh lemon juice to a glass of lukewarm water and drinking it on an empty stomach in the morning helps remove the toxins present in your gastrointestinal tract, improves weight loss and triggers your metabolism (Kumar, 2013). Henceforth, drink up a glass of lukewarm water first thing in the morning to start your day off right. You can also squeeze a fresh lemon into your glass of water for best results.
Meditating early in the morning helps train your mind and impacts the way you respond to challenges and difficult situations during the day. According to Richard Davidson, a neurologist at the University of Wisconsin's Laboratory for Functional Brain Imaging and Behavior, the effects of practicing meditation on the brain can be related to the impact of practicing golf or tennis on the performance of an athlete (Kaufman, 2005). Hence, meditation can help train and substantially transform the brain in ways that only a few people can envisage. Start your day off with meditation to improve your personal productivity. Read the book 'How to Meditate' written by Pema Chodron. This comprehensive guide will help you connect yourself with the mind, and enhance your brain performance.
When you drink a glass of warm milk, you ingest yourself with nutrient-dense calories. Skim Milk contains the least amount of calories, approximately 83 per cup, and is enriched with amino acids, vitamins, and minerals. Hence, it's the best bet for you if you're on a diet. If not, Whole Milk would be the best option. According to a health study conducted by Wang, (2016) Lactoferrin present in the milk modifies the immune system, and stimulate the neural development function by regulating the neurotransmitter pathways and the Synaptic transmission pathways, which as a result have a significant positive impact on our cognitive thinking. Consequently, drinking a warm glass of milk before starting off your day will boost your mental and physical energy.
However, many people find it challenging to drink a glass of milk on an empty stomach or after breakfast in the morning. Hence, another trick is to consume a hot cup of milk before you go to sleep. You can add chocolate to your cup of hot milk. Several Health studies have confirmed that ingestion of Chocolate Milk prior to sleeping alters the next-morning metabolism, and promotes endurance (Ormsbee, et al., 2016; Gilson, et al., 2010). Hot Chocolate Milk helps replenish your hard-working muscles, and the tryptophan present in the warm milk synthesizes the melatonin, which helps sleep better and strengthens the immune system. This, as a result, improves your next day metabolism and boosts your energy.
So make these small adjustments to your morning routine, and adapt to these changes to improve the quality of your living.
Gilson, S.F., et al., 2010. Effects of chocolate milk consumption on markers of muscle recovery following soccer training: a randomized cross-over study. Journal of the International Society of Sports Nutrition, 7(1), p.19.
Kaufman, M., 2005. Meditation gives the brain a charge, study finds. Washington Post, 3, p. 2005.
Kumar, V., 2013. The Secret Benefits of Lemon and Honey: Secret Guides. Sterling Publishers Pvt. Ltd.
Ormsbee, M.J., et al., 2016. Nighttime feeding likely alters morning metabolism but not exercise performance in female athletes. Applied Physiology, Nutrition, and Metabolism, 41(7), pp.719-727.
Rothbard, N.P. and Wilk, S.L., 2011. Waking up on the right or wrong side of the bed: Start-of-workday mood, work events, employee affect, and performance. Academy of Management Journal, 54(5), pp.959-980.
Wang, B., 2016. Molecular determinants of milk lactoferrin as a bioactive compound in early neurodevelopment and cognition. The Journal of pediatrics, 173, pp.S29-S36.


Fiesta Clipart, Fiesta Clip Art, Cinco De Mayo Clip Art, Fiesta Printable Clipart, Instant Download, margarita, pinata, somberero Pinatas margaritas chili peppers mexican banners cactus sombrero, Great for fiesta party invitations, Cinco De Mayo party invitations and decorations.
Set of 12 clipart images, coordinates with Fiesta background papers.These are graphic elements with transparent backgrounds. Use for invitations, scrapbooks, t-shirts. Graphic elements are LARGE images, perfect for resizing for all your creative needs!


The first thing you'll always do when you come into the office is sign in. Whitney runs the front desk and she will greet you when you arrive. If no one's there, please wait, someone will be right with you.
Please bring your insurance card(s) because we will need to copy them for the information to file insurance. Next, we need you to fill out the admitting paperwork unless you have done so in advance. We ask that you try and be as thorough as possible in filling out the new patient information and sign where indicated. We are interested in learning about the problem that brought you to our office, any conditions for which you are currently taking medication, past surgeries and hospitalizations, past car accidents and traumas as well as your family, work, and social history. All this information helps Dr. Rickels assess your condition.
After filling out the paperwork, Dr. Rickels will see you and discuss your problem with you. If Dr. Rickels believes she can help you she will accept you as a patient, if not she will refer you for other sources of care.
Your first visit will take roughly an hour because Dr. Rickels will take a complete history and perform an orthopedic and chiropractic exam to help her understand your problem and document your condition. Chances are you will also need x-rays to see the exact condition of your spine or joints. Just as a picture paints a thousand words, an x-ray aids a Doctor of Chiropractic enormously in pin-pointing the area(s) of dysfunction in your spine or joints, while at the same time identifying potential contraindications to your care.
Many want to try to save money and not incur the additional cost of an x-ray but don't realize the x-ray typically pays for itself. By helping to pin-point your exact problem and eliminating guesswork, x-rays can save return visits down the road and maximize the results you get. On occasion, further advanced imagining may be needed such as an MRI. If so, our office will work with you to set up an appointment at a facility that suites your needs.
After analyzing all the information Dr. Rickels has obtained pertaining to your problem she will discuss her findings and what she has determined to be causing your problem(s). She will also discuss her approach for your correction as well as answer any questions you may have. If you are comfortable with Dr. Rickels approach your care will start on your first visit.
After completing your initial care you will check out at the front desk to complete the billing for your care and to schedule your next visit.


Professor Wilson's embryo transfer menu – help!
In his monkey wisdom, Professor Wilson has decided we're having a food and drink dress rehearsal. From Monday to Friday, we'll be following the food plan that he's created for day 1 to 5 after embryo transfer. (We don't know our transfer date yet but we have our second scan tomorrow – so we know it's coming soon!).
Lovely bloggers: please leave your comments about how to improve this food plan. The monkey and I want to tweak it, based on your suggestions, to create our final menu.
I'm taking Dad 100 on a surprise date to the Sky Garden in London – free tickets available here. So in this practice week, we'll be eating out.
So, what do you think? Please share your comments with the monkey and me.
Next BOUNCING all the way to TRANSFER DAY!!
Are you having acupuncture too?
Should I? It would be quite easy to do it, as we have a place just down the road.
How did you get on? First session today?
All good – very sickly and tired but keep trying to be thankful – losing too much weight as can't keep anything down but I have plenty of weight to lose. Bought one thing for the baby today as needed to know that it actually had something of its own. That's what I found hard when I miscarried is that I had nothing that belonged to the baby. So now it has a little Peter rabbit comforter which is its own!


Can Javassist control class file's version?
When I use javassist to transfers class files,I met this problem.When source class files' version is upper to 1.4. the target classes can not be invoked in an applet(JRE 1.4). Get a class.FormatError(extra bytes).
When I change the class version info by myself.(eg. form CAFE BABE 0000 002E... to CAFE BABE 0003 002D... )This problem is not existed.(Because JRE1.4's profilers).
So How can I control the output class file's version?Thanks!
1. Re: Can Javassist control class file's version?
The classes are not complied by myself!the version info in class files is 0000 002E .
0000 002E means that the version of the class file is 46.0.
JDK 1.4 or older compilers use the version 45.x format.
So my guess is that class file might be compiled by JDK 1.5.
I don't think so (at least) unless you use JDK1.5 syntax.
2. Re: Can Javassist control class file's version?
What is your compiler? javac of JDK1.5?
3. Re: Can Javassist control class file's version?
bring any potential troubles. For instance, is there any differnce in class format for different versions?
4. Re: Can Javassist control class file's version?


Boeing and Air China today announced an order for six additional 777-300ER (Extended Range) jetliners.
"The 777-300ER has consistently proved its value as a long-haul flagship for our customers around the world, making it the preferred choice for Air China's international expansion," said Ihssane Mounir, senior vice president, north-east Asia sales, Boeing Commercial Airplanes.
China's flag carrier continues to modernize its long-haul fleet to replace aging aircraft and plans to expand its growing network internationally.
Air China currently operates a fleet 174 Boeing airplanes, including nearly all current Boeing production models, including the Next-Generation 737, 747-8 Intercontinental as well as 777-300ERs.
With this new order, Air China will increase its unfilled airplane orders with Boeing to 90 units, which includes orders for new 787-9 Dreamliners.
The 777-300ER is one of the most fuel and cost-efficient airplanes in its class as well as the most reliable twin-aisle aircraft in the world.
It also has the highest cargo capability of any passenger airplane in service.
The 777-300ER will receive further improvements in 2016 designed to reduce fuel use by another two per cent.


After spending a part of my evening watching a re-run of Design Star season finale and an episode of Junk Gypsies I had yet to see, I felt inspired…to take a shower!
I do my best plotting, er, planning in the shower! Once my pin curls were set I was off to organize my craft closet! I had two main goals for this particular purge. One was to have an area to store the winter blankets and to store my laundry basket.
As you can see from the before picture, it was stuffed full. I purged, a lot. By the end of it I had 5 pounds worth of trash, one full paper recycling bin, and 5 bags for donations. I cleared out old paperwork from my past hobby, projects that I haven't touched since 2007 and was left with a pretty, clean closet!
This was the only goal for July…it's too hot to do anything outside!!
I have the best revelations while taking a shower. It's almost as good as those amazing thoughts in between asleep and awake.
Thank you! It always feels so good to get rid of all the junk!


text:
Бихово је насељено мјесто у граду Требиње, Република Српска, БиХ. Према прелиминарним подацима пописа становништва 2013. године, у насељу је живјело 324 становника.

Географија

Историја

Становништво

Види још
 Општина Требиње
 Источна Херцеговина

Референце

Спољашње везе

 Сајт града Требиње

Град Требиње
Насељена мјеста у Републици Српској
Википројект географија/Насеља у Босни и Херцеговини
Насеља са већинским муслиманским становништвом 1991. у данашњој Републици Српској

redpajama_set_name: RedPajamaWikipedia


Take the prescribed pain medications prior to the local anesthesia wearing off.
A certain amount of bleeding is to be expected following surgery. Slight bleeding, oozing, or redness in the saliva is not uncommon. Excessive bleeding may be controlled by placing a gauze pad over the area and biting firmly for thirty minutes. Repeat if necessary. If bleeding continues, bite on a moistened tea bag for thirty minutes. If bleeding does not subside, call our office for further instructions.
The swelling that is normally expected is usually proportional to the surgery involved. Swelling around the mouth, cheeks, eyes, and sides of the face is not uncommon. This is the body's normal reaction to surgery and eventual repair. The swelling will not become apparent until the day following surgery and will not reach its maximum until 2-3 days post-operatively. However, the swelling may be minimized by the immediate use of ice packs. Two baggies filled with ice, or ice packs, should be applied to the sides of the face where surgery was performed. The ice packs should be left on for 15 minutes at a time, followed by switching to the other side of the face or taking a 15 minute break in cases where only one side had surgery. After 36 hours, ice has no beneficial effect. If swelling or jaw stiffness has persisted for several days, there is no cause for alarm. This is a normal reaction to surgery. Thirty-six hours following surgery, the application of moist heat to the sides of the face is beneficial in reducing the size of the swelling.
After general anesthetic or IV sedation only liquids should initially be consumed. Drink from a glass and do not use straws. The sucking motion can cause more bleeding by dislodging the blood clot. You may eat anything soft by chewing away from the surgical sites. You should prevent dehydration by taking fluids regularly. Your food intake will be limited for the first few days. You should compensate for this by increasing your fluid intake. At least 5-6 glasses of liquid should be taken daily. Try not to miss any meals. You will feel better, have more strength, less discomfort and heal faster if you continue to eat.
CAUTION: If you suddenly sit up or stand from a lying position you may become dizzy. If you are lying down following surgery, make sure you sit up for a few minutes before standing.
If numbness of the lip, chin, or tongue occurs there is no cause for alarm. You should be aware that if your lip or tongue is numb, you could bite it and not feel the sensation. Call Dr. Maloney if you have any questions.
Slight elevation of temperature immediately following surgery is not uncommon. If the temperature persists, notify the office..
Occasionally, patients may feel hard projections in the mouth with their tongue. They are not roots; they are the bony walls which supported the tooth. These projections usually smooth out spontaneously. If not, they can be removed by Dr. Maloney.


First Act Opera International was founded seventeen years ago and has amongst its clients royalty, the heads of state, major corporations and charities. It is administered by Elaine Holden, Managing Director, Ken Roberts, Musical Director and John von Nuding, Producer.
First Act Opera International, founded in 1990, has amongst its clients royalty, the former Prime Minister, major corporations and charities. Having accumulated over 1000 performances, including broadcasts for the BBC and Classic fM, for TVS and Channel Television, their unique style of dinner opera concert was described by the Independent as "Classic fM with food". At an Opera Gala Concert with the Brandenburg Sinfonia hosted by Arts Council Chairman, Sir Gerry Robinson, for Granada Television at the Savoy, Sir Jeremy Isaacs, Director General of the Royal Opera House, commented �Your performers are excellent. All I can say is bravi, bravi, bravi!� In August 1994 BBC Television completed a documentary covering First Act�s productions and approach to obtaining business sponsorship which was featured on BBC Breakfast News and World Service Satellite. The company has now made five visits to East Asia, the most recent marking the first British Opera company to perform in Beijing. This was featured on BBC2�s Newsnight as an effective way of linking Western culture to �woo the Chinese dragon�. In Europe the company has performed to French, Belgian, Dutch, Swiss, Swedish and German audiences, in a debut concert at the Shuvalov Palace in St Petersburg, Russia, in June 1997, and at L�Hermitage in Monte Carlo. First Act Opera International and the Brandenburg Sinfonia have made their first CD recording together, �The Intimate Opera Experience� featuring the most popular opera with special orchestral arrangements by Kenneth Roberts for just ten players. His new community opera �Joe Carpenter & Son � the Opera�, directed by the international opera star Benjamin Luxon, received its premi�re at Rochester Cathedral in December 1997 followed by further performances throughout Kent to much critical acclaim. The company has made return visits to Newbury, Canterbury, Hounslow and Sandwich Festivals. First Act Opera International, founded in 1990, has amongst its clients royalty, the former Prime Minister, major corporations and charities. Having accumulated over 1000 performances, including broadcasts for the BBC and Classic fM, for TVS and Channel Television, their unique style of dinner opera concert was described by the Independent as "Classic fM with food". At an Opera Gala Concert with the Brandenburg Sinfonia hosted by Arts Council Chairman, Gerry Robinson, for Granada Television at the Savoy, Sir Jeremy Isaacs, Director General of the Royal Opera House, commented �Your performers are excellent. All I can say is bravi, bravi, bravi!� In August 1994 BBC Television completed a documentary covering First Act�s productions and approach to obtaining business sponsorship which was featured on BBC Breakfast News and World Service Satellite. The company has now made five visits to East Asia, the most recent marking the first British Opera company to perform in Beijing. This was featured on BBC2�s Newsnight as an effective way of linking Western culture to �woo the Chinese dragon�. In Europe the company has performed to French, Belgian, Dutch, Swiss, Swedish and German audiences, in a debut concert at the Shuvalov Palace in St Petersburg, Russia, in June 1997, and at L�Hermitage in Monte Carlo. First Act Opera International and the Brandenburg Sinfonia have made their first CD recording together, �The Intimate Opera Experience� featuring the most popular opera with special orchestral arrangements by Kenneth Roberts for just ten players. His new community opera �Joe Carpenter & Son � the Opera�, directed by the international opera star Benjamin Luxon, received its premi�re at Rochester Cathedral in December 1997 followed by further performances throughout Kent to much critical acclaim. The company has made return visits to Newbury, Canterbury, Hounslow and Sandwich Festivals. Specific future plans include tours in France, Japan, the USA, a return trip to Beijing, a production of Eugene Onegin in Russian to celebrate the bi-centenary of Alexander Pushkin and a series of concerts on the music and life of Beethoven introduced by John Suchet. This September the Company launches its production of Eugene Onegin in Russian premi�red in the Britten Theatre at the Royal College of Music. This production is sponsored by Birds Eye Walls and is celebating the Bicentary if Alexander Pushkin. In 2000 the company produced Eugene Onegin in Russian to celebrate the bi-centenary of Alexander Pushkin and a series of concerts on the music and life of Beethoven introduced by John Suchet. The largest of these being in the Royal Albert Hall. Specific future plans include tours in France, Japanand the USA and a return trip to Beijing. For three years, from 2002, sponsors Martell invited company members, Elaine Holden, Sally-Ann Shepherdson, Simone Sauphanor, Khosrow Mashoori and John von Nuding to sing the national anthem before the Grand National Sweepstake at Aintree as a mark of repect to the late Queen Mother. This was to a live audience of 1.5 billion worldwide!