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for instance, “to A. X., and, in case of his death, to her absolutely: if she die in her husband's lifetime, his son B. X.” Such language might raise a question, the property may be made subject to such appointwhether, “ in case of his death,” did not mean at ment of it as she may make by Will, and may be his death," and whether the testator's intention was given, in default of appointment, to her next of kin. not, to give the property to A. X. for his life only, But these trusts may be varied at pleasure. It is and, after his death, to his son. The sentence might often attempted to limit property in this way to the easily be rendered free from doubt by a slight addi- separate use of single women, in order to provide
-“ and in case of his death in my lifetime to against a future marriage : but the effect of some B. X."
late decisions seems to be, to render all such proviII. A testator will sometimes bequeath a legacy sions void. by Will to some person, and afterwards make a VII. Personal property may be tied up in the sarne Codicil to that Will, in which some other legacy is way, though not to the same extent, as land, by given to the same individual. A doubt is often bequeathing it to several persons in succession, one raised in this case, whether the second legacy is after the other. In this case also, the disposition intended to be in lieu of the first, or in addition to should properly be effected by means of trustees, to it; and many have been the suits occasioned by this whom the property should be given, and who should doubt. It should, therefore, always be expressly be directed to hold it in trust for A during his life, stated in the Codicil, whether the person in question and, after his death, in trust for B during his life, is to have both legacies, or only the latter one.
and so on.
But there is so much risk of renderIII. A similar doubt may arise, if you bequeath a ing bequests of this nature void, by attempting to legacy to a person to whom you owe money. The tie up the property too long, and to make the enjoygeneral rule is, that your creditor must take the ment of it dependent on too remote conditions, that legacy in satisfaction of the whole or a part of his a testator should hardly ever trust himself to frame debt. But this rule is not universally adhered to, a Will of this nature without legal assistance; more and the decision of the court may often disappoint especially as such bequests ought to be accompanied the wishes of the testator. Your intention, therefore, by clauses providing for a succession of trustees, on this point, should be clearly stated; that your indemnifying them against loss, and declaring how executor may know, whether he is to pay the debt the property shall be let on lease, invested, or and the legacy too, or whether the former is merged otherwise managed, according to its nature, during in the latter.
the continuance of the trust; all which provisions it IV. The reverse of the last case may occur; for is hardly possible for an unpractised man to draw up it may happen that you are bequeathing a legacy to correctly, or even intelligibly. We, ourselves, shall one who owes you money. In this case, also, you not venture to make any further observations, lest should clearly declare your intentions, whether the we should be led beyond our depth. debt is to be forgiven, or to be set off against the We will conclude the subject by mentioning, that legacy.
a Bill was brought into Parliament last Session, V. In bequests to infants, confusion often arises and will probably be introduced again next year, for from the testator directing that they shall have their regulating the execution of Wills of Personal Prolegacies at twenty-one. He may either mean, that perty. The intention seems to be, to put them on the legacy bequeathed to the child shall not be paid the same footing as Wills of Real Property, or with over to it, till he comes of age, but that, in the mean the distinction only of requiring two witnesses instead time, he shall have a fixed right to it, and, if he dies of three. Should this Bill pass into a law, the effect under twenty-one, that it shall go to his next of kin: will be to make that mode of execution necessary, or he may mean to give the legacy conditionally only, which, in our third section, we pointed out as expedient in case the child attains twenty-one, and not other- to be observed.
W. wise. If he means the former, it is hardly necessary for him to say any thing about it, because no person can legally receive a legacy till he attains twenty-one, BEAUTIFUL PROVIDENTIAL ARRANGEMENT and the executor is bound to take care of it for him
IN THE VEGETABLE WORLD, in the mean time. If the latter is meant, the testator | As another instance of adaptation between the force should put his meaning beyond a doubt, by declaring of gravity, and forces which exist in the vegetable that, if the infant dies under twenty-one, his legacy world, we may take the positions of flowers. Some shall go to some one else, or shall sink into the flowers grow with the hollow of their cup upwards : residue of the property. In either case, it is as well others, “ hang the pensive head,” and turn the opento direct what shall be done with the annual income ing downwards. of the property, if it yield any, during the interval ; Now of these “nodding flowers," as Linnæus calls especially if the testator wishes it to be applied to them, he observes that they are such as have their the maintenance or education of the child.
pistil longer than the stamens; and, in consequence VI. It is sometimes wished to bequeath property of this position, the dust from the anthers ,which to a married woman, so as to be for her separate use, are at the ends of the stamens, can fall upon the and independent of her husband's control. This is stigma, or extremity of the pistil, which process is most properly done by giving the legacy, not to the requisite for making the flower fertile. He gives as woman herself, but to a trustee for her, and by instances the flowers Campanula, Leucoium, Galanthus, directing him to hold it in trust for her “sole and Fritillaria. Other botanists have remarked that the separate use,” and to dispose of it according to her position changes at different periods of the flower's direction. Where it is not intended to give her the progress. The pistil of the Euphorbia, (which is a absolute control over it, the trustee may be directed little globe or germen on a slender stalk,) grows to pay the interest or dividends arising from the upright at first, and is taller than the stamens: at property to the lady, or as she shall appoint, during the perjod suited to its fecundation, the stalk bends the joint lives of herself and her husband, but so under the weight of the ball at its extremity, so as that she shall not be able to make any appointment to depress the germen below the stamens : after this in anticipation. If she survive her husband, the it again becomes erect, the globe being now a fruit trustee should be directed to pay over the capital to filled with fertile seeds
The positiɔns in all these cases depend upon the THE MINES OF GREAT BRITAIN. length and flexibility of the stalk which supports No.V. Interior of Mines. MODE OF WORKING the flower, or in the case of the Euphorbia, the
THE ORE. germen.
It is clear that a very slight alteration in the force The interior of mines is very seldom visited, except of gravity, or in the stiffness of the stalk, would by those who are actually engaged in carrying on entirely alter the position of the flower-cup, and the works, or in superintending these operations. thus make the continuation of the species impossible. Sometimes, indeed, a tourist feels his curiosity suffiWe have, therefore, here, a little mechanical con- ciently strong, to overcome the repugnance naturally trivance, which would have been frustrated if the felt at quitting, “the warm precincts of the cheerful proper intensity of gravity had not been assumed in day,”-attires himself in a miner's dress, and venthe reckoning. An earth greater or smaller, denser tures to descend into a mine. Whether the gratificaor rarer, than the one on which we live, would require tion received in such cases is a sufficient equivalent a change in the structure and strength of the foot for the fatigue and inconvenience (not perhaps stalks of all the little flowers that hang their heads wholly unaccompanied by danger) which is susunder our hedges. There is something curious intained, is perhaps a matter of some doubt. thus considering the whole mass of the earth from It must not be inferred, however, from this, that pole to pole, and from circumference to centre, as the subterranean world has no wonders of its own, employed in keeping a snowdrop in the position most which can repay the visiter. The mine itself, with suited to the promotion of its vegetable health. its apparatus of pumps and machinery, as well (Warwell's Bridgewater Treatise.]
as many of the processes employed, are all objects of considerable interest. The structure of the earth,
with its marks of change and revolution, is no where ANECDOTE OF SIR SAMUEL HOOD.
so clearly laid open to our view as in mines, and There are some men who go about every thing they here too alone, we have an opportunity of examining undertake with all their hearts and souls, and Sir Samuel the wonderful depositories in which nature has stored Hood was one of these. He did nothing by halves and quarters, the greatest deeds of arms, or the most trivial up those mineral substances, which are so indispen
sable for the use of man. But to appreciate these tion for the time. In illustration of this, Captain Basil objects requires some preliminary knowledge; they Hall gives the following anecdote. A working party of are by no means obvious to an unpractised eye, the crew of the Illustrious had one morning commenced nor can they be embraced by a mere cursory glance. constructing a wharf before the dock-yard. The stones of It must be remembered too, that the broad light which this platform or landing-place was to be built, were, by Sir Samuel Hood's orders, selected of very large dimen- of day is wanting, and its place is but ill supplied sions, so much so, that the sailors came at last to deal with by the feeble glimmer of the miner's candle, which, a mass of rock so heary, that their combined strength to those unaccustomed to its light, has little more proved unequal to moving it beyond a few inches towards effect than to rer.der “darkness visible.” When its final position at the top of one corner. The Admiral we take all these circumstances into account, it will sat on his horse looking at the workmen for some time, not be difficult to believe, that an imperfect and occasionally laughing, and occasionally calling out directions which the battled engineers could by no means apply. confused impression, is all that can generally be At length his Excellency, the Commander-in-chief, became obtained by the adventurous traveller. fidgety, and having dismounted, he tried to direct them in
Familiar description, aided by the graphic illusdetail; but never a bit would the stone budge. Finally, trations of the Saturday Magazine, can however aclosing all patience, he leaped from the top of the bank, and complish much, and in this manner we have no roared out, in a voice of reproach and provocation, “Give | doubt of being able to convey to our readers a toleme the crow-bar.” Thus armed, he pushed the officers and rably accurate idea of the nature of mines, the mode men to the right and left, while he insisted upon having the of working them, and some of the most extraordinary whole job to himself, literally, single-handed. He first drove the claws of the instrument well under the edge of natural phenomena which they present to our notice. the stone, then placed with his toe a small iron pin on the In thus opening, as it were, a new world to their ground under the bar, and across its length, to act as a view, we shall at once be gratifying a reasonable fulcrum or shoulder. When all things were carefully curiosity, and affording useful and interesting inadjusted to his mind, he slipped his hand to the upper end
formation. of the lever, and weighing it down, gare what he called "life" to the huge stone, which, just before, half a dozen
The subterranean operations described in the strong men had not been able to disturb. Sure enough, preceding article, constitute what is termed “tuthowever, it now moved, though only about half an inch work," and is paid for at so much per fathom, towards its intended resting-place. At each prize or hitch forming one of the heaviest expenses of a mine. of the bar, the rock appeared to advance further, till, after when a productive vein has been laid open to a five or six similar shifts, it was finally lodged in the station sufficient extent, in the manner before described, prepared for it, where, doubtless, it rests to this day, and
the remunerative part of the miner's labour begins. may occupy for centuries to come.
The Admiral himself was delighted with his triumph, The rectangular portions of the vein, included beand his provocation against the men subsided at each suc tween two contiguous winzes and the levels above cessful march of the stone, until, at length, when the and below them, is generally divided into two equal operation was completed, he flung down the bar, and called parts by an imaginary perpendicular line, and a out to the grinning party, but with infinite good humour, party of the class of miners called “tributers," agree " There, you hay-making, tinkering, tailoring fellows, that's
to work,” or excavate, the ore in each portion, on the way to move a stone,-when you know how!"-CapTAIN HALL.
being paid a certain sum in the pound, on its actual
value, the agreement generally continuing in force Never let man imagine that he can pursue a good end by for a period of two months. evil means, without sinning against his own soul! Any The tributers generally begin working at the botother issue is doubtful; the evil effect on himself is certain. tom of the mass, attacking the ores upon the richest -SOUTHEY.
points only. In this manner they gradually work Ir is enough for the present state of things, that men upwards, excavating the ground between the two act well. Of their motives, none but God can judge. — levels, in such a manner as may be most convenient SKELTON.
and advantageous to themselves. By working up
SCENE IN POLGOOTH TIN MINE. wards, it will be seen that the ore, when detached and therefore through the solid rock, is termed a from the vein, falls down at once to the level below, cross-cut. thus avoiding the trouble and expense of raising it in A considerable extent of the lode above this level small quantities, either by manual labour or ma- having been productive of ore, has been worked out chinery, to the level above; which would be necessary by tributers, forming the great excavation shown in by a contrary mode of proceeding. When the lode the drawing, and which is supported by strong pieces is not very hard, the tributers are able to work it out of timber, placed at intervals across it, so as to press with the pick and other tools ; but in some cases, against the rock on each side. The inclined direction recourse must be had to blasting with gun-powder. of the excavation, is of course occasioned by the dip As the tributers always undertake to work their or inclination of the vein, whose place it occupies, pitch at as low a rate of payment as possible in the and of which the rock on the left hand formed the first instance, they can only afford, while working at upper wall, and that on the right, the lower wall. that rate, to take out the best ore they find. When, Two tributers are seen at the further end of the however, the best ore is gone, the pitch is again pitch, breaking down the ore with their picks, and taken (generally by the same party), but at a higher another, supported on a ladder, is working a little rate of tribute, and so on as long as any ore remains, above them. A lighted candle is stuck to the rock which is of sufficient value to be worth extracting. beside each, having a piece of clay wrapped round it In this manner the pitches at length become ex- for the purpose, as shown in the sketch. hausted, no parts of the vein being left standing, except As the ore is detached from the vein, and falls where the ore is very poor, or where none exists. down, the pieces are shovelled into a barrow, by a lad These patches of the vein, which appear like islands who stands by for the purpose, and afterwards conin the midst of extensive excavations, are not, how- veys it through the cross-cut and adjoining levels, to ever, without use, as they serve to prevent the rock the shaft, where it is raised to the surface by a which surrounds the vein, from pressing inwards and machine called a whim. In large mines, however, crushing the workings of the mine. For this reason, railways are frequently laid down in the levels, in they are called pillars or arches; and where the vein which case, the ore is of course transported to the is so productive, that no part of it is left standing shaft by means of tram-waggons. for a considerable extent, it is necessary to introduce One of the superintendents of the mine, termed artificial supports, for which purpose strong pieces of an underground-captain, is seen entering the pitch timber are used, as shown in the drawing.
through the cross-cut. The principal objects of this The annexed sketch represents a scene in the ex- inspection, are to examine the kind of ore the tensive Tin-mine, called Polgooth, situated near the tributers are breaking; to see that the terms of the town of St. Austell, in Cornwall.
contract are complied with ; and to place a check on The excavation here shown, is what is termed "a any fraud which might be attempted by the men. tribute pitch,” being on that part of the vein or “lode" The business of the captains includes also, the direcincluded between two adjoining winzes and the levels tion of all works of trial, such as sinking shafts, above and below them. From this solid rectangular driving levels, &c.; together with every other cirmass, the ore has been extracted in the manner just cumstance connected with the internal economy of described, and it is in this operation that the men are the mine.
F. B. seen employed.
The excavation shown in the sketch is, however, The unhappy prepossession, which men commonly enterof much greater size and more regular form than is tain in favour of ambition, courage, enterprise, and other usually the case, the lode being here of the extra- warlike virtues, engages generous natures, who always love ordinary width of more than twenty feet, and worked fame, into such pursuits as destroy their own peace, and out for the whole of that extent. The bottom of the that of the rest of mankind.—Hume. excavation was originally a level or horizontal pas.
LONDON: sage, similar to, and indeed forming merely the JOHN WILLIAM PARKER, WEST STRAND. continuation of, the one seen on the left, which, PUBLISHED IN VEEKLY NUMBERS, PRICE ONE PENNY, AND IN MONTHLY PARTH however, as it runs in a direction crossing the lode, Sold by all Looksellers and Newsrenders in the Kingdom.
PRICE SIXPENCE, AND
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APPOINTED BY THE SOCIETY FOR PROMOTING CHRISTIAN KNOWLEDGE.
in a state of general decadence. Nevertheless, PERHAPS there is no amusement in which the though fallen from their high estate," there are Hindoos so much delight, as in music. It accom- glorious remains among them, of the splendours of panies all their festivals, all their processions, whether by-gone generations. They are devotedly attached to solemn or gay, many of their religious ceremo- their national institutions, which are consecrated by nies, and is almost every where daily resorted the sanction of high antiquity, and endeared by to as an evening recreation for the social circle. those prejudices, which time and ignorance never Live where you may in India, if it be within the fail to cherish. They have, as I have already said, vicinity of a hamlet, or even of a single hut, you are the highest opinion of their national music, and I perpetually stunned with the clash and clangor of cannot better show the fervency of their faith in this cymbals, trumpets, drums, with numerous other particular, than by an extract from the third volume instruments, as various in form as in power. The of the Asiatic Researches, on the musical modes of great charm of their blended harmonies to the the Hindoos, by Sir William Jones. “I have been ravished Indian, seems to be in proportion to the assured,” he says, “ by a credible eye-witness, that quantity, not to the quality, of sound. It is quite two wild antelopes used often to come from their astonishing to see the extraordinary excitement often woods, to the place where a more savage beast, produced, in the usually phlegmatic Hindoo, by the Sira'juddaulah, entertained himself with concerts, and din of that harsh minstrelsy, which he is accustomed that they listened to the strains with an appearance of to think the perfection of melody, The effect is pleasure, till the monster, in whose soul there was no electrical. His eyes, which were before relaxed into music, shot one of them to display his archery. a languid expression of half-consciousness, become Secondly, a learned native of this country told me, suddenly kindled with a blaze of enthusiasm, and he that he had frequently seen the most venemous and joins the procession which the minstrels are enlivening malignant snakes, leave their holes upon hearing by their discordant strains, with gestures of frantic tunes on a flute, which, as he supposed, gave them delight.
peculiar delight. And, thirdly, an intelligent Persian, Highly as the natives of Hindoostan think of the who repeated his story again and again, and acquirements of Europeans, they consider that we permitted me to write it down from his own lips, fall infinitely short of themselves in musical skill ; declared that he had more than once been present, although nothing can well be conceived to be more when a celebrated lutanist, Mirza Mohammed, surpainfully distracting, than the clamour which they named Bulbul, was playing to a large company, in a raise when performing their indigenous strains. It grove near Shiraz, when he distinctly saw the must be admitted, however, that in spite of the nightingales trying to vie with the musician, someextreme discordance of their popular music, it would times warbling on the trees, sometimes fluttering from be a mistake to suppose they have nothing more branch to branch, as if they wished to approach the refined than what is usually heard at their feasts, instrument, whence the melody proceeded, and at processions, and village revels. We should have just length dropping on the ground in a kind of ecstasy, as perfect an idea of musical science in England, from from which they were soon raised, he assured me, by the fiddle, bagpipe, and drum, of those vulgar a change of the mode.” harmonists who frequent the pot-houses of St.
We should do the Indians a gross injustice, if we Giles's or Petticoat lane, as we can form of that imagined their music was only cultivated by the of the Hindoos, from the wretched performances of commoner order, who follow the rabble in a festival their itinerant musicians. The fact is, that in all cavalcade or religious procession, and frequently countries, they are the very worst of their class. accompany upon their instruments, songs the most Ward, in his View of the History, Literature, and disgustingly licentious, sung by the vilest characters. Mythology of the Hindoos, mentions at least forty The best artists in Hindostan, are to be found among different kinds of musical instruments, peculiar to the rich and learned, who often study music as a their community; and I have seen drawings of no science, and occasionally attain very considerable less than thirty-six sorts, in which not more than proficiency in it. Indeed, in some instances, they half-a-dozen of those mentioned by Ward, are
have manifested a knowledge of foreign music, which represented; so that the number, I should think, if might shame many of our own professors. all were enumerated, would not fall far short of a There is a very ancient treatise on Indian music, hundred. Not only are all these instruments formed by Soma, who was a “practical musician as well as a upon scientific principles, but many of them are great scholar and elegant poet; for the whole book, made with great intricacy of construction, and are without excepting the strains noted in letters, which capable of considerable nicety of adaptation, in the fill the fifth and last chapters of it, consists of masdevelopement of choral effects. Most of these terly couplets in the melodious metre called A'ryà: instruments may be used with advantage, in orchestral the first, third and fourth chapters explain the doccombinations, and from some of them, tones of trine of musical sounds, their division and succession, extraordinary sweetness are occasionally produced,
the variations of scales by temperament, and the when touched by the hand of a skilful performer.
enumeration of modes, on a system totally different It appears that the science of music was very from those which will presently be mentioned ; and early cultivated among the Hindoos, and carried to a the second chapter contains a minute description of high pitch of excellence. There are several old different vinas *, with rules for playing on them t.”
in which it is handled with a degree of intelligence, now
any difference in practice between the Indian rarely to be found among native professors ; indeed,
scale and that of our own; but knowing my ear to it seems to be the prevailing opinion among the be very insufficiently exercised, I requested a German learned natives, that the moderns are much behind professor of music to accompany with his violin a their forefathers, in musical knowledge. This is not
Hindoo lutanist, who sang by note some popular to be wondered at, in a people whom perpetual
airs on the loves of Krishna and Ra'dhà: he assured conquests have, for the last four centuries, reduced to a state of bitter dependency, and whose science.
* The Hindoo lute. and literature are, obviously, from this very cause,
+ On the musical modes of the Hindoos see Asiatic Researcher, Vol. III.