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law, the courts have gone in some cases so far as to say that the subscribers to a common ob

tendered, or payment or tender has been waived, he is guilty of a contempt of court if he fails to appear at the appointed time, and may beject may be treated as contracting with each proceeded against by attachment. The process of attachment rests not on the ground of any actual damage resulting from the party's failure to appear, but is given for the vindication of the dignity of the court; and if it be clearly shown that the court's process was wilfully disobeyed by the witness, he is condemned to fine or imprisonment, or whatever other punishment is ordered by statute for the offence. In Massachusetts, and probably in other states, the party actually injured by the non-appearance of the party summoned has a statutory action for all damages caused by his default. The office of the subpoena at common law is simply to bring into court a witness whose evidence is sought. Chancery, borrowing the name of the writ, but giving it a far larger scope, issued it in order to compel a defendant in a cause to appear and answer upon oath the plaintiff's allegations. This sort of subpoena was invented or first used in chancery by John de Waltham, bishop of Salisbury, master of the rolls under Richard II.; the commons complained "of his subtlety" "as contrary to the course of the common law." It was in fact the cause and subject of some of the loudest complaints against the chancery jurisdiction; but it was finally acquiesced in and became the most effective process of the chancery courts, and thereby the means of much of its beneficent action. The prayer for the subpoena is usually included in the closing clause of the bill, and asks that the defendant "may be required to appear, to answer the bill and to abide by the decree of the court."

SUBSCRIPTION, in law, a contract by which one agrees to contribute with others for a common purpose. The word is sometimes applied to the sum of money subscribed. The contract of subscription depends for its validity upon the same principles and facts as other contracts. The subscribers may be sued for their subscriptions whenever the conditions upon which they have promised to pay are fulfilled, if the purpose of the contract is a legal one, and founded upon a good consideration, and if there is a party capable of maintaining the action. Subscription papers, however, are often hastily drawn up and carelessly expressed; no party is named to whom the amounts subscribed are to be payable; it is merely agreed to contribute certain sums to a specified object, leaving the mode of collecting these sums to be afterward provided for; and the inducement to subscribe is commonly either a benevolent object or the hope of future profit, without any immediate legal consideration. In short, the difficulty in the way of enforcing contracts of subscription has arisen frequently, we may say indeed chiefly, from the want of proper parties and of a valid consideration for the promise. In their disposition to uphold this class of contracts, if they can be upheld consistently with the rules of

other, the consideration of each subscription being the promises of the other contributors, each subscriber being thus liable to a suit by all the others. This doctrine however is against the weight of authority; and it may be regarded as pretty well settled that no action can be maintained on a subscription unless it is made in favor of some particular person or corporation in existence at the time, and capable of bringing a suit upon it. Thus it has been held that a subscription to the stock of a corporation to be afterward formed did not render the subscriber liable to a suit by the corporation after it had been chartered and organized. But where the subscription paper named a party who was to collect the sum subscribed, it was held that he might bring a suit against a subscriber. So when the paper provided that the money should be paid to a person to be appointed by the subscribers in a prescribed manner, it was held that such person, when so appointed, might sue on the subscriptions. And it has been held that a subscription for a good consideration, but which could not be sued for want of a party to whom the promise was made, may be the consideration for a promissory note payable to a party capable of bringing an action. There are many cases which hold that no action can be maintained upon a mere voluntary subscription for a charitable or other purpose, upon the ground that there was no legal consideration for the promise; and these cases would seem to be in accordance with the rule of law requiring an actual consideration for a promise in order to make it legally binding. There are other decisions, however, which undertake to raise a consideration from the promises of the other contributors; from the acts done and expenses incurred on the faith of the subscription; and from the express or implied promise or legal liability of the parties, in whose favor the subscription is made, to carry out its purposes. Where, by the express terms of the subscription, the promisee agrees to appropriate the funds to a particular object and in a particular way, upon the well settled principle of mutuality of contracts, his promise is a good consideration for that of the subscribers. Whether, however, the merely legal and implied liability of a charitable corporation or board of trustees to appropriate the funds subscribed in accordance with the provisions of their charter or trust is a sufficient consideration, without an express promise in the subscription paper, to support an action on a subscription in their favor, is a question on which there is some conflict of opinion. Subscriptions which rest on an express contract by the promisee to do some act beneficial to the subscriber, are in fact but ordinary contracts.

SUCCORY. See CHICORY.

SUCHET, LOUIS GABRIEL, a French general, born in Lyons, March 2, 1772, died in Mar

seilles, Jan. 3, 1826. He entered the national guard of Lyons in 1791 as 2d lieutenant of cavalry, became a chief of battalion, was present at the siege of Toulon in 1793, and was then transferred to the army of Italy. He received the rank of chief of brigade on the battle field at Neumark in April, 1797. He was selected as one of the commanders in the army of Egypt, but was detained by Brune as major-general in the army of Italy, in which he reëstablished order and discipline; afterward served as chief of staff under Masséna on the Danube, and again in Italy, where after Masséna took the command he was made general of division, and during the siege of Genoa, with a far inferior force, secured the capture of 15,000 Austrians with 6 standards and 33 cannon. He took part in the battle of Marengo and in the passage of the Mincio, and commanded the centre of the army of Italy at Bozzolo, Borghetto, Verona, and Montebello. In 1805 he commanded the left wing under Marshal Lannes at Austerlitz, and in 1806 took an important part in the battle of Jena. In 1808 he was made commander of a division in the army of Spain, and by his siege of Saragossa (1809), the taking of Lerida (1810), Tortosa and Tarragona (1811), and the occupation of Montserrat, won the baton of a marshal of the empire in 1811. He afterward took Oropesa, Murviedro, and Valencia, which place he entered Jan. 14, 1812, capturing 18,000 Spanish troops and immense stores, and was rewarded with the title of duke of Albufera and a large revenue. His justice and moderation gained him the affection of the Spaniards, and on the withdrawal of the French from Spain he left the country with honor. Louis XVIII. made him a peer of France in 1814. He wrote Mémoires sur la guerre d'Espagne, 1808-1814 (2 vols. 8vo., Paris, 1829).

SUCKER, the popular name of the soft-rayed fishes of the carp family (cyprinida) included in the genus catostomus (Lesueur). They are characterized by a single dorsal, 3 rays in the gill membrane, smooth head and gill covers, jaws without teeth and retractile, mouth beneath the snout, and lips plaited or lobed suitable for sucking; there are comb-like teeth in the throat; the intestine is very long, and the air bladder divided into 2 or more parts. There are about 30 species in the fresh water rivers and lakes of North America; they feed on aquatic plants, worms, larvæ, and mollusks, and rarely take bait; they are very tenacious of life; the young are devoured by kingfishers, fish hawks, and carnivorous fishes. The common sucker (C. Bostoniensis, Les.) is 8 to 15 inches long, of a brownish color, olive on the head, reddish with metallic lustre on the sides, and white below; it is common in New England and the middle states. The chub sucker (C. gibbosus, Les.) is 7 to 12 inches long, dark brown above, golden greenish yellow on the sides, anterior part of abdomen whitish, and fins dark; body convex in front of dorsal, and

sides of head sometimes spiny or tuberculated; it is common in the ponds of the New England and middle states. The gray sucker (C. Hudsonius, Les.) is grayish above, and 18 to 21 inches long; it is found in rivers opening into Hudson's bay, in Columbia river and its tributaries, and in the fur countries. Other large species from the northern regions have been described by Richardson and Agassiz. Among the larger species of the western rivers are the Missouri sucker (C. elongatus, Les.), 2 to 3 feet long, in the Ohio river, black on the back, and hence called black horse and black buffalo; and the buffalo sucker (C. bubalus, Raf.), of about the same size, in the Ohio, Mississippi, Missouri, and their tributaries, brownish above, bronzy on the sides, and whitish on abdomen. These and other species are frequently used as food in the West.

SUCKING FISH, the popular name of the remora, a spiny-rayed fish of the genus echeneis (Linn.), so named from the Greek exw, to hold, and vavs, a ship. This genus was placed by Cuvier among the malacopterygians, near the cod family; Müller ranked it among the discoboli (lump fishes), with the goby family; Agassiz considers it as belonging with the scomberoid or mackerel family. The body is elongated, tapering behind, covered with very small scales; there are 4 perfect branchiæ; very small teeth on jaws, vomer, and palate, crowded and hardly distinguishable posteriorly; mouth small and horizontal, the lower jaw the longer; eyes above the angles of the mouth; ventrals thoracic, narrow, united only at the base, and apparently not used for attaching the animal to submarine bodies; head flattened. Above the head and anterior dorsal vertebræ is an oval disk, presenting from the middle to both sides oblique transverse cartilaginous plates, arranged like the slats of a Venetian blind; on the middle of the under surface are spine-like projections connected by short bands with the skull and vertebræ, and their upper margin is beset with fine teeth. According to De Blainville, this organ is an anterior dorsal fin, whose rays are split and expanded horizontally on each side instead of standing erect in the usual way. By means of this apparatus, partly suctorial and partly prehensile by the hooks, these fishes attach themselves to rocks, ships, and the bodies of other fishes, especially to sharks. The dorsal is opposite the anal, but the fins are weak, and these fishes accordingly adhere to sharks and other moving bodies, which transport them to places where food is abundant, and often from the tropics to temperate regions. There are 6 or 8 pyloric appendages, but no air bladder. The common sucking fish of the Mediterranean, so well known to the ancients (E. remora, Linn.), is from 12 to 18 inches long, shaped somewhat like a herring, dusky brown above and lighter below; it has 17 or 18 plates on the head; it occurs in the Atlantic ocean, on the British coasts, and has even wandered to the American

shores. The Indian remora (E. naucrates, Linn.) attains a length of 24 feet; it is olive brown above and whitish on the sides, and has 22 to 24 plates in the sucking disk; it is found in the Atlantic, on the American and African coasts, in the Red sea, Indian ocean, and even around Japan. On the Mozambique coast it is put to a practical use in catching marine turtles; a number are taken to sea in a vessel of water, and are put overboard when a turtle is seen, a rope fastened to a ring having been attached to the tail; in the instinct to escape they attach themselves to the nearest turtle, and both fish and reptile are hauled in together. The E. lineata (Bloch), of the tropical Pacific, has a very elongated body and only 10 sucking plates. Peculiar to the American coast is the white-tailed remora (E. albicauda, Mitch.); it is from 1 to 2 feet long, grayish slate above, with dark band on sides; the disk has 21 plates; it is not uncommon on the southern shore of Massachusetts and in Long Island sound, where it is generally called shark sucker. None of the species feed upon the fish to which they are attached, but upon small floating animals. For other sucking fish, adhering by means of the ventral fins, see LUMP FISH.

1819 he attained the rank of brigadier-general, and was appointed to negotiate a suspension of hostilities with the Spanish general Morillo. He was not long after promoted to the command of a division sent from Bogota to assist the province of Guayaquil. Though repulsed at Huachi, he succeeded in the autumn of 1821 in effecting a favorable armistice with the royalist general Aymerich, and thus enabling the Peruvian division to form a junction with the Colombians. In May, 1822, he achieved the decisive victory of Pichincha, which was immediately followed by the capitulation of Quito. Having returned to Bogota, he was despatched early in 1823 as Colombian envoy to Lima, with an auxiliary Colombian army of 3,000 men. He found Lima in the hands of the royalists, and retired to Callao, where he was besieged till the successes of Gen. Santa Cruz in the south of Peru compelled the royalist general to evacuate Lima in July, 1823. Sucre attempted to cooperate with Santa Cruz, but the defeat of the latter rendered his return to Callao necessary. Bolivar soon after took the command of the liberating army in person, but after the battle of Junin relinquished it to Sucre, who, on Dec. 9, 1824, fought and won the SUCKLING, SIR JOHN, an English poet and battle of Ayacucho, the most brilliant battle dramatist, born in Whitton, Middlesex, in 1608 ever fought in South America, capturing the or 1609, died in Paris probably in 1642. He Spanish viceroy La Serna, killing and woundwas the son of the comptroller of the royal ing 2,600 royalists, and the next day receiving household under James I., and was educated at the surrender of Gen. Canterac, the Spanish Trinity college, Cambridge. Succeeding to an commander, with 15 general officers and the immense fortune at the death of his father in whole army prisoners of war. Three days later 1627, he travelled for a while on the continent, he entered Cuzco in triumph, and immediately and in 1631-'2 served as a volunteer in the proceeded against Olañeta, who with a small forces under Gustavus Adolphus. Returning to body still held Upper Peru against the republiEngland, he became one of the most brilliant cans. The death of Olañeta in April, 1825, ornaments of the court of Charles I., and was placed both Upper and Lower Peru in Sucre's distinguished not less for his wit and gallantry hands, and he assembled as speedily as possible than for his passion for gambling. At the a congress at Chuquisaca, which, in Aug. 1825, breaking out of disturbances in Scotland in decided to form the new republic of Bolivia, to 1639 he equipped a body of 100 horse for the request Bolivar to draw up a constitution for royal service, at a cost, it is said, of £12,000, them, to call their capital Sucre, and to invest but was disgraced by the pusillanimous conduct the government for the time being in Gen. of himself and his men in an encounter with the Sucre with the title of "captain-general and Scots near Dunse, for which he was merciless- grand marshal of Ayacucho." In 1826 a new ly ridiculed by the rival wits of the time. In congress assembled to receive the constitution the succeeding year he was elected to the long prepared by Bolivar, and Sucre resigned his parliament; but, having joined in a plot to res- captain-generalship, but was at once elected cue Strafford from the tower, he was compelled president under the new constitution. The to take refuge in France. His literary remains revolution in Peru in 1827, which overthrew comprise 4 plays, a number of short poems the government of Bolivar, exerted an undedicated to love and gallantry, a treatise on favorable influence in Bolivia, and an insurReligion by Reason," and a collection of let- rection took place in which Sucre was atters. His reputation at the present day rests tacked and dangerously wounded. On his almost entirely upon his poems. His works recovery in Aug. 1828, he resigned and rewere published by Tonson in 1709, and in 1836 turned to Colombia, but was at once made appeared "Selections from his Works," with a commander of the Colombian army of the memoir by the Rev. Alfred Suckling. south, and political chief of the southern departments of the Colombian republic. In this capacity he led his troops in a series of military operations which terminated in the defeat and capitulation of the Peruvians under Gen. La Mar at Tarqui, Feb. 26, 1829. He became a member of the constituent congress of 1830,

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SUCRE, ANTONIO JOSÉ DE, a South American general, born in Cumana, Venezuela, in 1793, assassinated in the neighborhood of Pasto, in Ecuador, in June, 1830. He entered the insurrectionary army in 1811, serving under Miranda, and afterward under Gen. Piar. In

and it was on his return to Quito from the session of that body that he was assassinated. SUDORIFICS. See DIAPHORETICS. SUE, EUGÈNE, a French novelist, born in Paris, Dec. 10, 1804, died in Annecy, Savoy, July 3, 1857. The son of a surgeon in the imperial guard, his sponsors at baptism were the empress Josephine and Prince Eugène Beauharnais. He studied medicine, and was early appointed assistant surgeon in the royal body guard. In 1823 he followed the French army to Spain, and saw the siege of Cadiz and the taking of the Trocadero; was afterward transferred to the medical service in the navy, and in 1827 was present at the battle of Navarino. Inheriting a competence on his father's death, he gave up his profession to devote himself to painting and literature. His first works were His first works were the sea novels Kernock le pirate (1830), Plick et Plock (1831), and Atar-Gull (1831), beside a number of shorter tales collected under the title of La Coucaratcha (4 vols. 8vo., 1832-'4). These were printed at his own expense, and notwithstanding their immoral tendency and coarse style, their vivacity rendered them popular. An affectation of Byronic scepticism shone conspicuously in his Salamandre (1832), which met with decided success, and in his Vigie de Koatven (1833). In all these performances the author seems to delight in presenting vice triumphant and virtue persecuted and derided. Although ill prepared for such a task, he now appeared as a historian, and under the patronage of the government published the Histoire de la marine Française au 17° siècle (5 vols. 8vo., 1835-'7), which was a failure. Cécile (1835), one of his best novels, was followed by Le marquis de Létorières (1839) and Jean Cavalier (1840). He now assumed the advocacy of socialistic ideas and of the improvement of the condition of the lower classes. This change did not appear clearly in Mathilde, ou mémoires d'une jeune femme (6 vols. 8vo., 1841), an affecting narrative in which vice meets with retribution, but shone conspicuously in Les mystères de Paris (10 vols. 8vo., 1842), a work which, though presenting terrible pictures of vice and corruption, was for a while the most popular novel ever published, numberless editions being issued in France, and translations appearing in nearly all the European languages. Le Juif errant (10 vols. 8vo., 1844-5) was still more objectionable, but was scarcely less successful on account of its being a merciless attack upon the Jesuits. These three novels respectively appeared at first in the Presse, the Journal des débats, and the Constitutionnel; they were followed by Martin, l'enfant trouvé (12 vols. 8vo., 1847) and Les sept péchés capitaux (16 vols. 8vo., 1847-'9). After the revolution of Feb. 1848, he undertook a serial work in which he held up aristocracy, monarchy, and the clergy to execration by narrating the sufferings of a proletarian family through ages, entitled Les mystères du peuple, which was continued from 1850 to 1856, and, being prosecuted for immo

rality and sedition, was suppressed in 1857. He wrote numerous other novels, and alone or in conjunction with others dramatized several of his works, but with indifferent success. In 1848 he was defeated as a candidate for the constituent assembly; but in 1850 was elected, after a lively contest, one of the deputies for the department of the Seine. He sat among the members of the mountain, but never spoke. On the coup d'état of Dec. 2, 1851, he was expelled from France, and retired to Annecy.

SUETONIUS TRANQUILLUS, CAIUS, a Roman historian, born about A. D. 70, died probably in the latter part of the reign of the emperor Hadrian. He was the son of a military tribune, and appears, through the influence of his friend the younger Pliny, to have obtained a similar office, which his love of letters induced him to transfer to a relative. Pliny subsequently helped him to become magister epistolarum, an office of considerable importance in the imperial household, and which gave the incumbent many opportunities of examining the state archives. From this position he was removed by Hadrian in 119 in consequence of an indiscreet familiarity with the empress Sabina. The remainder of his life was probably devoted to literary pursuits, and from the list of his works given by Suidas he must have been one of the most voluminous of Roman authors. His chief extant work is the Vitæ XII Cæsarum, in 8 books; beside which the treatises De Illustribus Grammaticis and De Claris Rhetoribus, and some brief biographies of Terence, Horace, Lucan, Juvenal, Persius, and Pliny the Elder, pass under his name. His lives of the Cæsars are anecdotical rather than historical, and their accuracy has been impeached by Heisen, Linguet, and others, although, as would appear from the researches of Krause (De Suetonii Tranquilli Fontibus et Auctoritate), without affecting their value in illustrating the period of which they treat. A marked feature of the lives of the Cæsars is the minuteness with which Suetonius relates the gross excesses of the emperors. His personal character, if Pliny may be believed, was above reproach. The works of Suetonius long enjoyed a considerable popularity, 15 editions having been published previous to 1500, of which the oldest with a date is that of Rome (fol., 1470). Among the best subsequent editions are those of Burmann (2 vols. 4to., Amsterdam, 1736) and of Baumgarten,Crusius, by Hase (2 vols. 8vo., Paris, 1828). The first English translation was by Philemon Holland (fol., London, 1606), and the latest by Thomson and Forester (Bohn's "Classical Library,” 1855). SUEUR, LE. See LE SUEUR.

SUEVI, the collective name of a powerful group of migratory German tribes, who about the beginning of the Christian era are said by ancient writers to have occupied the larger half of all Germany. Cæsar describes them as dwelling between the Ubii and Sygambri on the W. and the Cherusci on the E.; that is, between

the Rhine and the Weser. According to Strabo, they extended across the central parts of modern Germany, between the Rhine and the Oder, and as far S. as the head waters of the Danube. Tacitus seems to designate by the name Suevi the tribes of eastern Germany from the Danube to the shores of the Baltic. In the 2d century the collective appellation disappears, the single tribes of the group being designated by their distinctive names; later, however, other Suevi, an adventurous German people of mixed origin, appear upon the banks of the Neckar, where they gave rise to the modern name Swabia, and also in northern Spain, where they conquered Galicia in the early part of the 5th century.

SUEZ. I. An isthmus about 75 m. broad, lying between the Mediterranean and Red seas, and connecting the continents of Asia and Africa. With the exception of two small ridges of the respective medium heights of 30 and 45 feet, the surface is only elevated from 5 to 8 feet above the level of the adjoining seas, and has a general depression toward the Mediterranean. In places it is so low as to be covered with salt marshes or swamps, and it is supposed that at one time the two seas were united. There are some considerable lakes, generally dry for most of the year, and the rest of the isthmus is a barren sandy desert, uninhabited. Fresh water is exceedingly scarce, being only found in a few places. A canal, begun by Necho and finished by Darius, connected the Nile with the gulf of Suez, and some traces of it are still visible. Napoleon projected a canal between the Red and Mediterranean seas, and for many years this subject has attracted considerable attention in Europe. In 1852 M. de Lesseps, a French engineer, undertook to form a joint stock company to cut a ship canal, and two years afterward he obtained a firman from the pasha of Egypt conferring upon him the exclusive privilege of carrying out the project. In 1855 a commission of engineers from various countries examined the proposed route, and stated in their report that there were no extraordinary difficulties in the way. The company was formed in Jan. 1859, with a capital of $40,000,000, and the work was shortly afterward commenced. According to this project the canal is to extend between the town of Suez and the gulf of Pelusium, to be 90 miles long, 20 feet deep at low water level of the Mediterranean, and 330 feet wide on the surface. II. A gulf forming the N. W. arm of the Red sea, extending from its head in a N. W. direction for about 200 m. between Egypt and the peninsula of Sinai, with a breadth varying from 30 to 40 m. The Israelites are supposed to have crossed about 2 m. from the head of this gulf on their exodus from Egypt. III. A town of Egypt, situated near the head of the gulf, 77 m. E. from Cairo; pop. about 2,000. It stands in a desert, and is protected on the 3 sides by a wall mounting a few guns. The streets are unpaved, and the houses gener

ally poorly built of sun-dried brick. It contains several mosques and khans, a Greek church, a custom house, a large hotel for the accommodation of European_travellers, recently erected by the pasha, a bazaar, and some tolerable shops. Good water and vegetable productions are not procurable near the town, and supplies of both have to be brought from considerable distances. Vessels of a large size find safe anchorage in the roadstead about 2 m. off, but there is only sufficient depth of water for boats and lighters to come alongside the quay. Suez is connected with Alexandria by a railway 222 m. long, which passes Cairo, and crosses the Nile by a magnificent bridge 65 m. from Alexandria. The place derives its importance from being a port of the overland route between England and India, China, and Australia.

SUFFOCATION. See ASPHYXIA.

SUFFOLK. I. An E. co. of Massachusetts, bounded E. and S. by Massachusetts bay; area, 15 sq. m.; pop. in 1860, 192,701. It is composed of Boston and Chelsea, and is the most important county in wealth and population in New England. Its inhabitants are principally engaged in manufacturing and trading. The agricultural productions in 1855 were 3,160 bushels of rye, 3,256 of Indian corn, 9,010 of potatoes, and 1,039 tons of hay. (See BOSTON, and CHELSEA.) The county is intersected by numerous railroads. Capital, Boston. II. An E. co. of New York, comprising the E. part of Long island, bounded N. by Long Island sound, and E. and S. by the Atlantic, and drained by the Peconic river and several smaller streams; area, 950 sq. m.; pop. in 1860, 43,276. The surface is hilly and uneven on the N., but nearly level on the S.; the soil is generally sandy, but fertile along the sound. The productions in 1855 were 504,767 bushels of Indian corn, 151,649 of wheat, 262,067 of oats, 304,063 of potatoes, 104,183 of turnips, 634,405 lbs. of butter, and 41,505 tons of hay. There were 3 straw paper mills, 25 ship yards, 3 spar factories, 1 cotton and 2 cotton warp factories, 2 clock factories, 1 piano factory, 5 newspaper offices, 112 churches, and 146 schools. The coast is indented by numerous harbors and inlets, and the county includes several small isllands. It is intersected by the Long Island railroad. Capital, Riverhead.

SUFFOLK, a county of England, bounded by Norfolk, Cambridge, Essex, and the North sea; area, 1,481 sq. m.; pop. in 1861, 336,271. It contains two county towns, Ipswich and Bury St. Edmunds; other chief towns, Eye, Aldborough, Orford, and Sudbury. The coast line extends about 50 m., and a great part of it is low and marshy. The county is watered by numerous streams, the chief of which are the Stour, Orwell, Lark, and Waveney; and there are several small lakes. The surface is undulating, with some flat and marshy tracts, and the soil is generally a rich alluvial loam. The manufactures, with the exception of agricultural implements, are trifling. Fishing is

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