bags worlds

question withinfeet of the center of the main line whether such portion be actually touched by the main line or not; that the deed does not limit the terms constructed, run, and operated’ to the laying of a main line simply, but necessarily includes sufficient right of way for railroad purposes; and that the deed is in perpetuity, the railroad company may at any time after It has laid the main line call for such portion of the land as may be needed for railroad purposes.”I am of the opinion that the construction claimed by the plaintiff is correct, and that the deed means to convey only a right of way through that particular part of the land actually touched by the main line as laid out originally; that is, the portion through which the railroad may be constructed, run, and operated within the meaning of the deed.”It is therefore ordered and adjudged that the defendant, its agents, and servants be, and It is hereby, restrained and enjoined from entering upon any portion of the plaintiff’s premises other than that over which it has admittedly a right of way as stated above, until the further order of this court”This Injunction to be of force only upon the execution by the plaintiff of a bond with sufficient surety to be approved by the clerk in the sum of five hundred $ dollars conditioned as required by the statute.”Cothran, Dean & Cothran, for appellant. B. A. Morgan, for respondent.WOODS, J. This court adopts and affirms the decree of the circuit courtKNIGHT v. UNION MFG. & POWER CO. Supreme Court of South Carolina. Nov .PleadingI SupplementalPetitionRightToFile.An order allowing plaintiff, in an action for overflowing land in which she owned an undivided interest, to file a supplemental complaint, setting up partition proceedings brought and ended pending the action without defendant’s knowledge, in which proceedings the Innd mainly burdened by defendant’s easement granted by plaintiff’s co-tenants was allotted to plaintiff, should be vacated as premature on it appearing that the partition judgment has been opened to allow defendant to intervene.[Ed. Note.For other cases, see Pleading, Cent. Dig.%; Dec. Dig,.Appeal from Common Pleas Circuit Court of Union County; R. C. Watts, Judge.Action by Sara Ida Knight against the Union Manufacturing &Power Company. From an order allowing plaintiff to file a supplemental complaint, defendant appeals. Order vacated.J. Ashby Sawyer and Wra. Elliott, Jr for appellant. Wallace &Barron, for respondent.JONES, J. This is an appeal from the order of Judge Watts allowing plaintiff to file a supplemental complaint in this action. The plaintiff began suit against the defendant company for damages alleged to have resulted to her as the owner of an undivided fourth Interest In a tract of land on BroadFor other cases see same topic and section NUMBERriver, In Union county, by the erection of defendant’s dam across that river. Defendant interposed as a defense that plaintiff’s cotenants bad granted easement to overflow said land. Pending this suit, an action by the co-tenants to partition said land was begun and ended without the knowledge of the defendant company, and partition was had without any regard to the alleged right of the defendant company as owner of easement to overflow a portion of said land, and the portion mainly burdened by said easement was allotted to the plaintiff. Then plaintiff moved to file supplemental complaint, setting forth the result of the partition proceedings, and this motion was resisted by defendant company, and proceedings by It were begun to open such judgment and have another partition with due consideration of Its rights.The proper method by which to bring to the attention of the court facts occurring after the institution of the original complaint is by supplemental complaint; but, inasmuch as this court in the case of Ex parte Union Mfg. & Power Co in Re Sue R. Jeter and Mary A. Jeter, against Sara Ida Knight just filed, has decided to open said judgment in partition

cited several times by thls court. It arose on a writ of habeas corpus issued at the Instance of Mitchell, the father of the boy whose custody was in controversy, against the child’s maternal grandfather, In whose house It was born and remained, with the father’s consent, for some three months, up to the time of the Issuance of the writ; the mother having died In childbed. It was contended that the father had promised his wife on her deathbed that the child should remain with her parents during its infancy, though this was denied by him.In Miller v. Wallace,  Ga. ,  Am. St. Rep. , Mr. Justice Hall, as the organ of the court, delivered a full and carefully prepared opinion touching the subject now before us, in which he reviewed and discussed various earlier decisions. Including those of Mitchell, R. M. C. ; Boyd v. Glass,  Ga. ,  Am. Dec. ; Taylor v. Jeter.  Ga. ,  Am. Dec. ; Bently v. Terry,  Ga. .  Am. Rep. ; Janes v. Cleghoro,  Ga. : Id.,  Ga. ; Smith v. Bragg,  Ja. ; Lindsey v. Lindsey,  Ga. . After stating that It is Indisputable that the father, under the law. has the control of his minor child, and that this can be relinquished or forfeited only in one of the modes recognized by the law. and that it is equally clear that In writs of habeas corpus sued out on account of the detention of a child the court, on hearing all the facts, may exercise its discretion as to the person to whom the custody of the child shall be given, and shall have rower to give such custody to a third person Civ. Code , § , he declared that “the discretion to be exercised in such case is not an arbitrary and unlimited discretion like that confided to the Roman pra?tors, but, as remarked by Lord Mansfield in R. v. Wilkes,  Burr. , is such a ‘discretion as, when applied to a court of justice, means sound discretion guided by law.’” Again, he said: “The rule of discretion, as applicable to habeas corpus cases, did not originate with the compilers of our Code. They took it from the common law, and in adopting it they adopted also the meaning and limitations placed upon it by the venerable sages and authorized expounders of that noble system. Under the ‘discretion’ vested in him, no judge has authority to disregard or even to impair any acknowledged or established right of a party by its exercise; and, if he does so. It would seem to follow as a necessary consequence that he abuses that discretion. ? Prima facie the right of custody of an infant is in the father, and when this right is resisted, upon the ground of his unfitness for the trust or other cause, a proper regard to the sanctity of the parental relation will require that the objection be sustained by clear and satisfactory proofs. ? ? The discretion to be exercised by the courts in such contests is not arbitrary. The rights of the frfther, on the one hand, and the permanent interest and welfare of the infant, on the other, are both to be regarded, but the right of the father is paramount, and should not be disregarded, unless for grave cause. The breaking of the tie that binds them to each other can never be justified without themost solid and substantial reasons, established by plain proof. In any form of proceeding, the sunderiug of such ties should always be approached by courts ‘with great caution and with a deep sense of responsibility.’” That case was a controversy between the father of a female child four years old and the maternal grandparents. It appeared that the child’s mother, shortly before her death, stated that she wished her mother to take care for and raise the child, and for a time the father allowed the child to remain with her grandparents. In Taylor v. Jeter,  Ga. , ,  Am. Dec. , Jenkins, Judge said: “Had the respondent to the habeas corpus intended to rely upon the ground of unfitness for the office In the applicant, the latter should have been notified of It by a distinct allegation in the answer, and there should have been direct, satisfactory proof adduced to sustain it.” In Monk v. McDanlel,  Ga. ,  S. E. , it was

government to afford all legal facilities to advance the interests of society.Governor Brooks was elected for seven years, successively  and in all his public conduct he was judicious, conciliatory and magnanimous. Many of the democratic party esteemed and supported him. He was not exclusive in his appointments to public office, nor did his policy and measures give any just occasion for his political opponents to say, that he conducted as the head of a party. The course he pursued had a happy tendency to check party feelings, and to induce the citizens generally, to act more in concert on public business, than they had for several preceding years. If it is necessary to give him a party appellation, it must be that of a uniform federalist during his public, political career ; but no man in the State or nation, whatever might be his professions or his pretensions, was more attached to a republican government, or more readily subscribed to the doctrine, that all civil and political power emanated from the people. The regulation, the equipment and discipline of the militia, received the particular attention of Governor Brooks. With other intelligent Republicans, he considered the militia the most proper defence of the country; and their efficient organization was with him a matter of pride and solicitude. He reviewed them in all parts of the State in  and ; and his presence excited a spirit of laudable emulation. As commander in Chief of the militia, he excelled all who￡preceded him in the Commonwealth, subsequently to ihe revolution.During Governor Brooks’ administration, the militia laws were altered, so that those above the age of thirty-five years were exempted from the public trainings; but those under the age of forty-five were required to pay two dollars a year, and to attend the annual meeting in May, for inspection as to their military equipments. They were also permitted to vote for the election of officers. A uniform was required for the militia to be prescribed by the Commander in Chief, on the condition that it be cheap and simple. This regulation had been suggested by the Governor: for he thought it would add to the appearance, and would not much increase the expenses of the militia.The question of the separation of the District of Maine from Massachusetts was again agitated in  ; and the members of the General Court engaged to give their assent to the measure, on certain specified conditions, relating to public lands; provided also, that the majority of the citizens in Maine in favour of separation should be fifteen hundred. On giving the votes on this subYOL. III. ject, the majority for forming Maine into a separate State far exceeded the number required ; and in September a Convention of Delegates from the several towns in that part of Massachusetts was holden, when a constitution or frame of government was prepared; which afterwards received the approbation of the people. Congress having also given its consent, the District of Maine became a separate independent State in . This measure was effected in the exercise of the most friendly feelings, both by the citizens of Maine and Massachusetts. The territory of Maine is much larger than the other part of Massachusetts  and when the separation took place, it contained nine counties, two hundred incorporated towns, and upwards of , inhabitants.When the government was first organized, and for several succeeding years, the Legislature held its meetings at Portland.At this period, the finances of the State were in a prosperous condition. The tax was $,, besides a sum to reimburse the pay advanced to the members of the House of Representatives. In the early part of the year, the treasurer was authorised to borrow $,, to meet the expenses and pay the demands on the government, but he had no occasion to obtain the loan. A part of the debt of the State was also paid off, during this year. The Commonwealth had some debts standing against it; but it had, also, stock of the United

case under the rule that pleadings are to be construed most strongly against the pleader. It is to be presumed that the declaration in that case asserted a right to the whole land, and not for the underlying minerals alone, thereby abandoning the Imboden compromise, if not absolutely repudiating itThe bill as first amended was bad on demurrer, and the second amended bill does not help the appellant out of the difficulties confronting It by reason of the admissions iu the original and first amended bill, for this second amended bill, not only repeats the admissions of the first two bills and refers to the four years’ effort to eject the appellees from the whole land, but concedes that there never was at any time any deed tendered to William Sutherland, or to any one claiming under him, for the surface of the Sutherland land, In execution of the Imboden coinpromise. In fact, the bill, as twice amended, not only falls to allege that appellant or any of Its predecessors In title ever at any time offered to carry out the Imboden compromise by a conveyance of the surface of the land to William Sutherland or his assigns, pursuant to that agreement, but fails to state facts and circumstances sufficient to constitute a good excuse for the unreasonable delay In seeking the relief here asked. It was Incumbent upon appellant to give sufficient reasons why this suit was not brought at an earlier period, stating specifically what were the Impediments, if any, to an earlier prosecution of It; but, instead, it relies mainly, as It would seem, upon the bare statement that appellant and Its predecessors In title did not know until the termination of the ejectment suit, Instituted In 1002 and terminated In 1006, Just before the institution of this suit, that the proper forum In which to assert and maintain their claim was in a court of equity. The allegation in the second amended bill, that the Virginia, Tennessee & Carolina Steel & Iron Company was able, ready, and willing to carry out the termsof the Imboden compromise concerning the surface of the Sutherland tract of land, Is directly refuted by the admission In the original bill that that company was Insolvent and for some time tied up In the United States court, with Its affairs In the hands of a receiver. Not only does the bill, with Its amendments, make the admissions to which we have adverted and others, but states facts and circumstances which show upon their face that a court of equity would encounter great risk of doing gross Injustice to the parties against whom relief Is asked by the enforcement of the Imboden compromise, and doubtless to others.Facts and circumstances entitling appellant to the relief prayed for are not averred by full, clear, positive, and distinct statements, as the rule in such cases requires. Therefore it would be plainly Inequitable to grant the relief. Eubank v. Barnes, 93 Va. 153, 24 S. E. 908; Bowles v. Woodson, supra; Powell v. Berry, supra; Waterman on Spec. Perf. § 438; Fry on Spec. Perf. 3d Am. Ed. §§ 1070-1072; 12 Am. & Eng. Enc. PI. & Pr. 834, 835; 20 Id. 449.We are of opinion that there Is no error in the rulings of the circuit court sustaining the demurrers to the original and amended bills, and dismissing the cause. Therefore the decree appealed from Is affirmed.Affirmed.’NORTON COAL CO. v. HANKS’ ADM’R.Supreme Court of Appeals of Virginia. Sept. 10, 1908.1. MasterAndServantRisksAssumed RelianceOnMaster’sCare Servant’sKnowledgeOfDanger.An employe may not assume that his employer has performed his duty in furnishing a reasonably safe place in which to work where the employe1 has knowledge of facts or circumstances which would indicate to a reasonable man that the assumption was not justified.[Ed. Note.For cases in point, see Cent. Dig. vol. 34, Master and Servant, §§ 574-000.2. TrialInstructionsInconsistency.Generally, where inconsistent instructions are given, the verdict should be set aside.[Ed. Note.For cases in point, see

with some loss of provisions at the time, yet they were generally preserved from any serious suffering ia their persons, by their hospitable conduct./A Month, <lth?This being the st day of the week, our relation conducted us to Providence meeting, a few miles distant from his house. After meeting we were kindly invited to dinner, by a friend who was a stranger to us. We felt and acknowledged his kindness, but returned with our relation, in whose family we spent the remainder of the day. Notwithstanding this was the hottest. season of the year, we had a very liberal supply of ice. upon the table; which I found my relation had. the means of procuring without trouble or expence to himself. Amongst the buildings in his purchase was an ice-house, which, every winter, is replenished.by some of his neighbours, for the privilege of supplying themselves in the summer. I noticed. that the two female servants employed in the far mily, had, both of them, been lately hired from on. board a vessel lying in the Delaware; and v Inch had recently arrived from Amsterdam with several hundred Germans, men, women, and children, of that description of people called, in America, Itedemptionersi These are people in low circumstances, Mho, being desirous of settling in America, and not having money to pay their passage, agree with the American Captains of vessels to be taken over on condition of hiring for a term of years, on their arrival in America, to masters who are willing to advance  or  guineas to be deducted out of their wages; and it not unfrequently happens that they agree to serve two, three, or four years for meat and clothes only, on condition of their passage being paid. Yet, as wages, in the general, are rather high in America, it will easily be supposed that an active clever person, conversant in some business, will make much better terms on landing, than the old and infirm; or than those who come over ignorant of any business.The two female servants I have just mentioned were both widows; and one of them had two children with her in the family, who were quite. young. This woman had lost her husband about the time of their arrival on the American coast; and the husband of the other, being a sea-faring man belonging to Holland, had, as I understood, lost his life and property by an English ship of war. Although these two females had obtained a settlement in a country enjoying many privileges beyond that which they had left; yet, I think, no feeling mind could behold them thus circumstanced, placed amongst strangers of whose language they were almost wholly ignorant; and habituated to customs very different from those to which they had now to conform, without sensations of compassion; and it was very pleasant to me to observe that the general deportment of my rela-tions towards them was respectful.I noticed many families, particularly in Pennsylvania, of great respectability both in our Society and amongst others, who had themselves come over to this country as Redemptioners; Ofwere the children of such. And it is remarkable, that the Germaa residents in this country, have a character for greater industry and stability than those of any other nationIn the plantation adjoining tomy relation’s, we visited a lead mine on the banks of the Perkiomih, which was then worked by a Frenchman. Heinvited us to go down into it, where, at the depth of about  feet, I saw a vein of lead ore  inches in thickness; and as it is wrought at a very easy expense, there was a great probability of its being a very valuable acquisition. But these things, like many others in the world, have the stamp of great uncertainty upon them.th Month, th.We returned this day to Philadelphia. In our way, we stopped at the Buck Tavern, where we supped and breakfasted. After breakfast we crossed the Schuilkill, at Spring Mill Terry, and had a sight of a vineyard of about five acres, under the management of a Frenchman. As the vines were hot suffered to grow more than three feet in height, it had something the appearance of a field of raspberries. By thus pruning down the vines, the fruit, generally, becomes much finer than when suffered to spread, as is commonly the case in England.

Britain. It was afterwards formally promised on the Part of France, that they should evacuate the Territories of the Republic at the latest, on ths Ex￥ piration piratlon of the last French Year (the d of September).—They accordingly began their March to the Southward a few Days before that Period ; and the Government and the People rejoiced at the Prospect of being finally relieved from a Load which has become extremely irksome to them. But, on Pretence that a great Proportion of the Corps were to be embarked at Flushing for Louisiana, and that there was a Want of Shipping for their Accommodation, they took up their Quarters on the Frontiers of the Country (at Bois-le-Duc, Breda, and Bergen-op-Zoom), where they still remain; and Demands have continued to be made for their Pay and Maintenance.Hopes were, however, entertained from Day to Day, that their Departure would take place ; when, to the Astonishment of the Batavian Government, official Notice was (last Week) transmitted from France to the Department of War at the Hague, (which has been charged with the Support of these Corps), that the First Consul has been pleased to appoint a new Commander in Chief, (General Montrichard), and a new Staff, for the auxiliary Troops in this Country; and the Notice was given that Government might provide for the Pay of the Officers in Question.The Administration appear resolved to oppose all the Resistance in their Power to this unexpected and oppressive Extortion. An Express has been sent off to the Dutch Ambassador at Paris, charging him’to claim, in the most urgent Terms, the Accomplishmenteomplishment of the Treaties subsisting between the Two Republics, and the Fulfilment of the repeated and recent Promises made by the French Government upon this Subject. And in cafe of the Failure of this Application, they talk of addrefsing themselves to the principal Powers of Europe who had any Share or Insluence in the Conclusion of the Peace, to intreat their Intervention and good Offices, with a View to the Maintenance of the Independence of the Republic.I have the Honor to be, &c.ROBERT LISTON. Right Honourable Lord Hawkesbury, &c. &c. &c.No. .Extract of a Dispatch from Lord Hawkefbury, to Lord Whitworth, dated November th, .TjIS Majesty’s Government have learnt with soma Surprize from the Communications from General Stuart, that that Officer had signified to Co* lonel Sebastiani his Inability to evacuate Egypt, until he should receive specific Orders for that Pur? pose. It is certainly true that no Warrant has been transmitted to General Stuart, or to his Predecessor the Earl of Cavan, for the Evacuation of Egypt; neither was it considered to be necessary, in as much as His Majesty’s Government had already expressedtheir Intention to General Stuart, in his Instructions, that, except in a Cafe of absolute Necessity, the King’s Troops should remain in Egypt no longer than the Month of July last. In all the Instances of Places which had been conquered by the King’s Forces, and of which Possession had been taken in His Majesty’s Name, it has been usual when they have been restored to the French Republic, or its Allies, that the Commanding Officer mould be furnished with a regular Warrant under the King’s Sign Manual, authorising him to make such Restoration. But the Case of Egypt is different, as that Country had never been taken Possession of in His Majesty’s Name, as it had been actually restored to the Ottoman Porte, and as certain Stations in it were continued to be occupied merely as Military Posts, until the Means of removing the Troops should be provided.It is probable, that in the present Instance, General Stuart may have been misted by a Doubt as to the Extent of his own Power, and by the  Impériale et de plusieursa Warrant to evacuate Egypt, similar to that which had been granted to Officers who superintended the Restitution of Conquests of which Possession had been taken in His Majesty’s Name. In order,

court of their respective counties a description, in writing, under their hands and seals, specifying plainly the boundaries and number of each district which shall be altered and changed under this act, and November,also the place in each district where the election for such dis- .tricts shall be hereafter held, and the said clerk shall record the CHAP, same in the records of the county. L,xIII. AsaBeItI.nacted,That the commissioners ap- ^^shalT^ pointed by virtue of this act shall meet at the usual place of hold- meet at ing the county court in their respective counties on the first place of Monday of April next, for the purpose of performing the duties holding the of this act, and the commissioners or commissioner so meeting, ￡°?”tY ^c. may adjourn from time to time, and place to place, until thewhole be completed.IV. AndBeItEnacted,That James Hopewell, Rich- Commissionard Watts, Harrv Waughop, Walter Leigh, and Benjamin els of reWilliams, of Saint Mary’s county, Jacob Hollingsworth, Ellis TMwaPP°>nChandlee, Robert Hart, Jeremiah Baker and James L. Porter,of Caecil county, William Lyles, Alexander Covington, Humphrey Belt, senior, Isaac Duckett and John Evans, of PrinceGeorge’s county, Willian Heyser, Henry Ankonv, Robert Smith, William Yates and Frisby Tilgham, of Washington count}’, Daniel Lantz, David Hoffman, George Robinet, Samuel Porter, William Shaw, Aquila A. Brown and John L’ompton, junior, of Allegany county, be and they are hereby appointed commissioners, to review, alter and designate, the district in their respective counties, and to fix the place where the election shall be held in each district thereof.V. AndBkItEnacted,That if any of the commissioners Howvacannamed in this act should refuse to accept his appointment be- cies to fore the first day of April next, the governour and council are be fiUe”hereby authorized and-directed to fill the vacancy ; and if thesaid commissioners or any of them, should not signify their refusal to the governour and council before the said first day of April next, it shall be deemed and taken as an acceptance of the appointment, and any commissioner not signifying his refusal as aforesaid, and failing’ to perform the duties imposed by this act, unless prevented by sickness, shall forfeit and pay the sum of two hundred dollars ; and that upon every appointment under the authority of the governour and council, the person named by them shall be deemed and considered a commissioner within this act, unless he shall notify, in manner aforesaid, his non-acceptance within thirty days after he shall receive his appointment ; and if any commissioner shall refuse to accept the appointment, the governour and council shall appoint another, ontil some one shall be found to accept; and every commissioner accepting under the appointment ol the governour and council, shall be subject to the same penalty upon non-performance of duty as is imposed upon commissioners originally named in this act, to be recovered in the manner herein provided.VI. AndBeItEnacted,That for all services performed (^lpe￡J.a’ by virtue of this act, the levy court of the county wherein such made”ed shall make reasonable compensation,November,and shall levy the same upon their respective counties, and the’ .same shall be collected and paid as other county charges. CHAP. VII. AndBeItEnacted,That all fines imposed by this LXU act shall and may be recovered in the name of the state, by indictment, in the county court of the county wherein the same shall accrue, and be applied to the use of the county ; and it shall be the duty of the clerk of such county to return to the levy courts a list of all fines recov ered by virtue of this act.CHAP. LXILA Supplement to an act,entitled, An act for regulating the mode of staying execution, and repealing the acts of assembly therein mentioned, and for other purposes. , cU. .No justice to llE ItEnacted,by the General Assembly of Maryland,make return That from and

to have, or if there was any thing she could do for him; as they desired to do every thing in their power to relieve him. In reply, he expressed his thankfulness for their good intentions, but said, *lThere was nothing they could do that would cure him; yet if he was at home with his mother, she would soon make him well; adding that ” there was a plant grew in his country, the leaves of which she gathered, and pouring hot water upon them, covered his body all over with them, and it always soon made him well.” Martha desired him to describe the plant, and they would endeavour to procure it. He replied, “It was not to be had in this country, for he had often looked for it ia vain.”There being now scarcely any prospect of his recovery, his mistress was desirous of admjnjstersing some religious consolation, and observed to him, as he had always been a very good boy, she had no doubt that if he died at this time, his spirit would be admitted into a-place of everlasting rest and peace. On hearing this, ‘he quickly replied, “Iknow that if I die I shall be happy; for .as soon as my body is dead, my spirit will fly away *to ,my father and mother, and sisters and brothers, in .Africa.” The boy recovered. His good conduct had gained him the favour and respect of the whole family, and T have no doubt that the care bestowed upon his education, will, in due time, afford him a brighter prospect of a future state, than that of returning to Africa.I have sometimes turned my attention to the orderly conduct, and pleasing dispositions of some of these Black children, whom I have seen in friends families. On considering that they have been violently torn from their near relatives and friends, and.exposed to all the horrors and sickness of .transportation in a slave ship; I have compared them with the kidnappers, and with the owners, captains, and crews of slave ships, who assume the name of Christians, and, with the .greatest self-complacency, make pretensions to being governed by the precepts and example of Christ; whilst they give the appellation of Heathens and Infidels to these poor unoffending Negro children, as a cover to their cruelty. In such a contemplation and comparison, the mind is over*whelmed with sorrow, at the idea of the atrocity and darkness in which human nature may be in* volved, by the unbounded thirst of gold.d Month; th: Ileft S. P.’s hospitable roof accompanied’ by his brother-in-law J. T. The ground I travelled over this day was the scene of much bloodshed during the revolutionary war; it being that part of the country where the battle of Brandywine was fought. My companion was present at the time, with several other friends, who were led forth by the dictates of humanity, in order to lend some assistance to the poor wounded and dying soldiers, that lay scattered over the fields, through an extent of several miles. On this occasion friends meeting-house of Birmingham was converted into an hospital, in which many of the poor mangled creatures breathed their last, and where many more suffered the amputation of their limbs, with many other painful operations concomitant with the carnage of war. Amongst those who ended their earthly course in this meeting-house, were several officers who were buried in friends burying ground. One ef them, a near connexion of the Duke of Northumberland, was a young man of the name of Percy, whose amiable and exemplary conduct under his severe sufferings, had procured him the particular regard and esteem of the friends about him. The shocking situation of some they found in the fields, would not bear description; in others \\ho lay lifeless on the ground, it was some time before any wound could be discovered, a single bullet having passed through some vital part; others had the fleshy part of a leg or a thigh torn to pieces by larger balls, and had sunk under the loss of blood.These scenes of horror were followed by others, if possible, still more revolting to human nature. Those who have travelled much in America must have observed the

had any necessity compelled us to put their sincerity to the test, I am persuaded that we should have found them of still less value than we had rated.CHAP. XXXIII.FOOD AND MANNER OF COOKINGUTILITY OF THE BREAD-FRUIT TREEVARIOUS METHODS OF FISHINGThroughall the islands they have invariablythe same method of procuring fire; taking twopieces of wood, and making a groove in one forthe other to traverse in, they rub them together,till the friction produces smoke, and the smokeflame. A bundle of dry-grass serves them astinder.Their method of killing a hog is by strangulation; they twist so many coils of a rope round the neck till the animal expires. They usually moisten the bristles with water, and then singe them off by a fire of grass and dried leaves. During the time of my trading round the island, several of the hogs in the boat were suffocated by overlaying one another : I presented these to the chiefs, who received them very thankfully.Their manner of cooking their hogs, breadfruit, &c. is by digging a hole in the earth according to the size required; a wood fire is then made in it and covered with stones, and the stonesbeing thus heated, one half of them is left at the bottom, and the other strewed over the animal or other substance at the top ;* the whole is then covered in with layers of the leaves of the breadfruit, and closed up with dirt. It is in this manner left until it is done; and by frequent practice they are such good judges, that they are seldom mistaken.They have only two methods of cooking, baking and broiling. They make an excellent pudding of a root resembling our potatoe; it is pounded with the pulp of the cocoa-nut, and afterwards ground fine by a muller; it is then carerully wrapped up in plantain leaves, and when properly baked is by no means unpalatable.Their evea apple which is generally in season six months of the year, makes an excellent applesauce for their pork, nearly as good as our English apple, except that it is more stringy. They have mountain yams likewise in the interior, but as these cannot be got without the trouble of digging to a good depth, the Otaheitans suffer them to remain where they are.And here I must not forget to mention that their pork, when not overgrown, is really excellent, but their poultry is stringy and tough, the very coarsest of our beef is much preferable to it Having no salt, their substitute for seasoning is salt water.They have the tarra root and sweet potatoe; but these articles were not in great plenty, and* In hogs of a large size some heated stones are introduced into the belly.were therefore dear. They have a root which they call tee, somewhat resembling a yam : when baked and pressed it produces a juice as sweet as molasses, and when boiled is nearly of the same consistence.  used to breakfast upon this and Indian corn, roasting the latter in lieu of coffee. Popoy is a dish in general use amongst these people; it is a mixture of the bread-fruit and mahie, well beat up together, and mixed with the juice of the cocoa-nut; the mountain plantain is sometimes added: it nearly resembles our frumentary. I could never be persuaded to do more than taste it, from the nauseating process of its mixture. The natives, however, are very fond of it, and seldom make a meal without it.Upon any appearance of a scarce season, they collect the bread-fruit when near ripe, and, removing the outer rind, lay it up in heaps till it becomes soft; a pit is then dug, and the sides and bottom carefully lined with bread-fruit leaves. The pit thus prepared is filled with fruit, and carefully closed up with leaves, grass and stones. After remaining for some time in this manner, the pit is re-opened, and the fruit freed from its core; it is again stored and covered in with fresh leaves till required for use. It is said that the fruit thus preserved will remain good till the following season of the bread-fruit tree. Some of the missionaries, apprehensive of a scarce season, had adopted this method in common with the natives, but in my

prosand consit was finally agreed to stand by each other, and not take to their heels before the enemy appeared.The spectre at length advanced, a savage in appearance ; he addressed them in good English, reproaching them for their unprovoked trespass on his premises. The party were at length convinced that their monster was no other than a man ; who, according to his own account, and conjectural reckoning, had been left on the island by a ship about four months preceding: the reader will readily conclude he had not received this punishment for his good behaviour. His beard had never been shaved since the first moment of his bnding, and had he racked his invention to add to the horrror of his appearance, he could have made no addition. His raiment was all in rags, and his flesh as filthy as a miner who had never appeared above the surface of his motherearth.The first inquiry was of course how he came to be left on the island with every probability of perishing ; a question to which he could return no very satisfactory answer. The next question was as to his mode of living, to which he replied somewhat more intelligibly, that the principal article of his subsistence was the cocoa-nut, fish, and land and .sea crab; that one time he had the good fortune to kill a wild hog, but for want of salt to preserve it, he could make it last but two days.After some further intercourse, some of the party accompanied him to what he called his house, which was built in a particular shape, three posts being sunk into the ground, and inclined towards each other, so as to form a complete half of a regular bisected cone. The roof was doubly and trebly matted over with the leaves and smaller branches of the cocoa-nut tree, but the house altogether appeared more like a dog-kennel than a suitable abode for a human being. The household furniture indeed in every respect corresponded with the dwelling, consisting of a something which was perhaps once a trunk ; a flock bed as dirty as if in the course of trade it had passed through all the cellars of Rag-fair; an axe, a pocket-knife, a butcher’s steel, and four gun flints, In this situation, four hundred miles from any human being, and an almost immeasurable distance from his native country, this fellow seemed so contented with his condition, that he appeared to have no wish to depart; and the first proposal that he should accompany them to the ship seems to have proceeded from our men.When the proposal was made to him, he paused for some time, and at length made a demand of wages, which, as expressive of his indifference, would doubtless have justified them in leaving him to his fate. At length, however, he suffered himself to be persuaded, but still seemed to consider the convenience mutual, or rather that we were the party obliged.They could never procure from him any satisfactory account a^s to the cause of his being left on the island, but they never entertained any doubt but that it was no slight crime which could provoke his captain and comrades to such an exemplary punishment. Indeed his subsequent conduct was such as to justify this conjecture ; for instead of any gratitude to his deliverers, he was found to be such a mover of sedition amongst the ship’s company, that for the preservation of good order in the ship, it was thought prudent to leave him at Port Jackson.The captain found the above-mentioned island a place of reasonable refreshment, abundant in cocoa-nuts and cabbage-trees; a supply inestimable to them at this time, as they now had been upwards of four months without any vegetables whatever. The sea moreover was so abundant in fish, that they caught not only enough for the ship’s crew at the time, but salted down a good quantity for a sea stock.CHAP. VIII.AHRrVAL AT OTAHEITEA VISIT FROM THE CHIEFS AND MISSIONARIES WELCOME RECEPTIN.JPOMARRESTAY AND OCCURRENCES AT OTAHEITE.LEAVING Norfolk island with a fair wind, and, its usual attendants amongst sailors,