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manly lover, and the solemn ceremony has commenced, which is to unite, with Heaven's awful sanction, these two young, and happy, and virtuous hearts!

quet, as it shrinks also timidly from the glittering array of guests, seated around it, and she soon retires, with her maidens, to prepare for her agitating journey !

'Tis done! Kate Aubrey! Kate Au- Well, they are gone! Our pure brey! O sweet Kate! where are you! and lovely Kate is gone! "Tis hard She is no more-but, as Mrs Dela- to part with you! But blessings atmere, is sitting blushing and sobbing tend you! Blessings attend you beside her husband, he elate with both! You cannot forget dear YATpride and fondness, as they drive TON, where all that is virtuous and rapidly back to the Hall. In vain noble, will ever with open arms reglances her eye at that splendid ban-ceive you!

THE AUTHOR'S ADIEU TO HIS READER.

AND NOW, DEAR FRIENDS! FAREWELL FOR MANY A DAY!
IF E'ER WE MEET AGAIN, I CANNOT SAY.

TOGETHER HAVE WE TRAVELL'D TWO LONG YEARS, *

AND MINGLED SOMETIMES SMILES, AND SOMETIMES TEARS!
NOW DROOPS MY WEARY HAND, AND SWELLS MY HEART,—

I FEAR, GOOD FRIENDS! WE MUST FOR EVER PART.

FORGIVE MY MANY FAULTS! AND SAY OF ME,

HE HATH MEANT WELL, THAT WRIT THIS HISTORY.

* This alludes to the period of the successive appearance of Ten Thousand A-Year in that distinguished periodical, Blackwood's Magazine: the first chapter in the Number for October 1839, and the last, in August 1841.

NOTES AND ILLUSTRATIONS TO VOL. II.

(1.)-PAGE 2, col. 2.

WHAT IS MAYHEM?

The offence of mayhem (whence the modern term 'maim') consists of the violently depriving another of the use of such of his members as may render him the less able, in fighting, either to defend himself, or annoy his adversary. By the ancient common law, he who maimed another was sentenced to lose the like part-membrum pro membro. (3d Instit. 118). Nowadays, mayhem may become the subject of civil or criminal proceedings, according to circumstances-chiefly with respect to the degree and extent of violence and injury, or the intention of the assailant. In the case in the text, Mr Yahoo had suffered mayhem, by reason of the loss of his fore teeth! Mr Gammon's insidious recommendation to that gentleman to bring an action, in which he would be nonsuited for want of a witness, would now have no force.-See ante, vol. i., Notes and Illustrations, No. III. p. 375.

(II.)-PAGE 2, col. 2.

ARREST ON MESNE PROCESS.

In the year 1838, arrest on mesne process was subject to the single exception of a debtor's being about to quit the country, in which case, even, a judge's order would be necessary· abolished, "as unnecessarily extensive and severe."-Stat. 1 & 2 Vict. c. 110, $1.

(III.)-PAGE 88, cols. 1, 2.

WITNESSES IN AN ACTION OF BREACH OF PROMISE OF MARRIAGE.

It has been already explained that by a recent statute, the parties to an ac

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The description of the Yatton election has excited no little interest, both in this country, in America, and on the Continent, especially in France. formed the subject of a political paper in one of the leading journals at Paris. It might almost be imagined that the scenes described in this volume had been present to the minds of those concerned in many elections which occurred subsequently to the appearance of Ten Thousand A-Year. In the Aylesbury election, A.D. 1850, for instance, a mysterious briber made his appearance under the name of "The Man in the Moon!"-Printed Minutes, 28th April, 1851, p. 15. Aylesbury Petition.

(V.)-PAGE 146, cols. 1, 2.

ELECTION COMMITTEES. The constitution of an election committee has been altogether altered, and much improved, since the period at which the text points. Down to the year 1848, the Legislature had repeatedly remodelled that tribunal, as experience developed its faulty construction. In that year was passed statute 11 & 12 Vict. c. 18, entitled, "The Election Petitions Act, 1848," which is the one now [A.D. 1854] in force. A succinct his

(IX.)-PAGE 245, col. 2.

LADY STRATTON'S INTESTACY. This was a case of real intestacy; inasmuch as the facts show that Lady Stratton (ante, p. 208, col. 2) had contemplated a change in the destination of her property, indicated in her pre

tory of these changes, and a full account of the existing system [A.D. 1854] may be seen in the fourteenth chapter of the Author's Manual of Parliamentary Election Law, pp. 271, et seq. There are many persons of sagacity and parliamentary experience, however, who advocate a still more decisive change the transfer of this species of jurisdic-vious instructions to Mr Parkinson. She tion to a judicial tribunal, distinct from and independent of the House of Commons-swayed by none of its party influences, and capable, by legal knowledge and experience, of conducting such inquiries on fixed principles of legal investigation. The scenes described in the text as having occurred in a Parliamentary Election Committee room, fade into insignificance before those which have been repeatedly exhibited since this work was written.

(VI.)-PAGE 168, col. 2.

JOINT-STOCK COMPANIES.

Shortly after the publication of this part of Ten Thousand A-Year, a sort of mercantile madness did, indeed, fall on the people of England. Scarcely any scheme could be propounded, however absurd, which did not meet with eager welcome amongst all classes of society. When bubble after bubble had burst, in the way described in the text, the Legislature was forced to interfere, and enacted a salutary code of regulations [A.D. 1844, et seq.], which have placed Joint-Stock Companies, with reference alike to their members and the public, on a safe and intelligible basis. The legal liabilities attaching to persons in the position in which the Earl of Dreddlington is represented, formed the subject of singularly conflicting decisions, with ruinous effects in the courts for several years but the law is now [1854] satisfactorily settled.

(VII.)-PAGE 214, cols. 1, 2.

MESSRS QUIRK, GAMMON, AND SNAP'S ARREST
OF MR AUBREY, ON MESNE PROCESS.
See Note II. tit. "Mesne Process."

(VIII.)-PAGE 237, col. 1.

FORGERY.

The offence of Forgery ceased to be capitally punishable on the 1st October, 1837, stat. 7 Will. 4, & 1 Vict. c. 84, §§ 1, 5.

had asked for "her will"-meaning the
instrument she intended to become such;
but she had never seen, or heard read
over to her, and much less signed, the
document which he had drawn up in
supposed conformity with her original
oral instructions; and when it was
placed before her, she used the expres-
sion, "only a few words,” indicating an
intention of adding to, or varying a
former purpose. In addition to this,
she had talked to Mr Parkinson, shortly
before her death (p. 245), of dividing
the amount-and that without specify-
ing the proportion-of the policy be-
tween Kate Aubrey and her brother.
Mr Gammon was therefore right in say-
ing that Mr Parkinson's draft "did not
contain her last will and testament.”
At the period referred to in the story,
the law did not require a will of mere
personalty to be signed by the testator.
However, on and since the 1st Janu-
ary 1838, it has been otherwise-two
witnesses, moreover, being requisite
equally in the case of realty and per-
sonalty. The testator's signature, how-
ever, may be either his own, or that of
some other person, in his presence, and
by his direction; but in either case, in
the simultaneous presence of at least
two attesting witnesses.-Stat. 1 Vict.
c. 26.

(x.)-PAGE 254, col. 1.

THE EARL OF DREDDLINGTON'S JOINT-STOCK-
COMPANY LIABILITIES.

See Note VI. tit. "Joint-Stock Companies."

(XI.)-PAGE 306, col. 2.

MR TITMOUSE'S PEDIGREE.

Whether there was originally any " screw loose' in Mr Titmouse's pedigree is a question which must be left to the astute and accomplished legal reader. It is here neither asserted, nor denied, that such was the case: nevertheless, it may be worth while, for one curiously inclined, to combine the various statements respecting the pedigree, to be found in the story.

(XII.)-PAGE 316, col. 1.

PRIVILEGE OF PARLIAMENT.

The privilege of a member of the House of Commons from arrest, exists for forty days before, and forty days after, a meeting of Parliament; and the rule is alike, in the case of a dissolution and a prorogation. This was expressly determined in the year 1847, by the Court of Exchequer, in the case of Goudy v. Duncombe, M.P., 1st Exchequer Rep. 430. There the dissolution of Parliament had occurred on the 23d July-the new writs being returnable on the 21st September; but on the 13th August the meeting of Parliament was prorogued to the 12th October. Mr Duncombe had been elected for the borough of Finsbury on the 28th July, and arrested on the 2d September. A judge discharged him on the 7th September on the ground of privilege; and the Court of Exchequer, after taking time to consider the matter, decided that Mr Duncombe had been rightly discharged. -It will be noted (post. p. 346, col. 2) that this rule was observed with great exactness in the case of Mr Titmouse!

(XIII.)-PAGE 343, col. 2.

FRANKING LETTERS BY MEMBERS OF PARLIAMENT.

This privilege was abolished in the year 1840, when a new system of postage was adopted, under stat. 3 & 4 Vict. c. 96. See § 56.

(XIV.)-PAGE 350, col. 1.

A BANKRUPT'S CERTIFICATE. The right of granting and withholding a certificate to a bankrupt, no longer rests with his creditors, who might be easily influenced by undue motives, but is vested in the judge in bankruptcy, who has become acquainted with the applicant's whole conduct and doings. He may, sitting publicly in court, grant, refuse, or postpone a certificate, or annex such conditions to a certificate, as he may think fitting. This salutary change in the law was originally effected on the 12th August, 1842, by statute 5 & 6 Vict. c. 122, § 39; and was roenacted, with improvements, in the year 1849, by statute 12 & 13 Vict. c. 106, §§ 198-207.

CONCLUSION

OF

TEN THOUSAND A-YEAR.

14

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