Ten Thousand a-Year. Volume 2. Samuel Warren

Ten Thousand a-Year. Volume 2

CHAPTER I

"The Attorney-General did his work very fairly, I thought—eh, Lynx?" said Mr. Subtle, as arm-in-arm with Mr. Lynx, he quitted the Castle-gates, each of them on his way to their respective lodgings, to prepare for the next day's work.

"Yes—he's a keen hand, to be sure: he's given us all work enough; and I must say, it's been a capital set-to between you! I'm very glad you got the verdict!"

"It wouldn't have done to be beaten on one's own dung-hill, as it were—eh? By the way, Lynx, that was a good hit of yours about the erasure—I ought, really, if it had occurred to me at the time, to have given you the credit of it—'twas entirely yours, Lynx, I must say."

"Oh, no!"—replied Lynx, modestly. "It was a mere accident my lighting on it; the merit was, the use you made of it!"

"To think of ten thousand a-year turning on that same trumpery erasure!"–

"But are you sure of our verdict on that ground, Mr. Subtle? Do you think Lord Widdrington was right in rejecting that deed?"1

"Right? to be sure he was! But I own I got rather uneasy at the way the Attorney-General put it—that the estate had once been vested, and could not be subsequently de-vested by an alteration or blemish in the instrument evidencing the passing of the estate—eh? that was a good point, Lynx."

"Ay, but as Lord Widdrington put it—that could be only where the defect was proved to exist after a complete and valid deed had been once established."

"True—true; that's the answer, Lynx; here, you see, the deed is disgraced in the first instance; no proof, in fact, that it ever was a deed—therefore, mere waste paper."

"To be sure, possession has gone along with the deed"–

"Possession gone along with it!—What then?—That is to say, the man who has altered it, to benefit himself and his heirs, keeps it snugly in his own chest—and then that is of itself to be sufficient to"–

"Ay—but what I'm afraid of, is this: that the presumption of forgery arising from the alteration, is overcome by the presumption to the contrary, arising from long-continued and consistent possession!—On the other hand, however, it is certainly a general rule that the party producing an instrument must account for the appearance of erasure or alteration, to encounter the presumption of fraud!—I must say that seems good sense enough!"…

"It's really been a very interesting cause," said Mr. Subtle.

"Very. Some capital points—that of Mortmain's on the stamp act"–

"Pish, Lynx! there's nothing in it! I meant the cause itself has been an interesting one—uncommonly."

Mr. Subtle suddenly paused and stood still. "God bless my soul, Lynx—I've made a blunder!"

"Eh!"

"Yes—by Jove, a blunder! Never did such a thing since I've led a cause before!"

"A blunder? Impossible!—What is it?" inquired Lynx, briskly, pricking up his ears.

"It will be at least thirty or forty pounds out of our client's pocket. I forgot to ask Widdrington for the certificate for the costs of the special jury. I protest I never did such a thing before—I'm quite annoyed—I hate to overlook anything."

"Oh! is that all?" inquired Lynx, much relieved—"then it's all right! While you were speaking to Mr. Gammon, immediately after the verdict had been given, I turned towards Quicksilver to get him to ask for the certificate—but he had seen a man with the new 'Times' containing the Division on the Catholic claims, and had set off after him—so I took the liberty, as you seemed very earnestly talking to Mr. Gammon, to name it to the judge—and it's all right."

"Capital!—Then there isn't a single point missed!—And in a good two days' fight that's something."

"D'ye think we shall keep the verdict, and get its fruits?"

"We shall keep the verdict, I've no doubt; there's nothing in Widdrington's notes that we need be afraid of—but of course the Aubreys will put us to bring another ejectment, perhaps several."

"Yes—certainly—there must be a good deal of fighting before such a property as Yatton changes hands," replied Lynx, with a complacent air; for he saw a few pleasant pickings in store for him. "By the way," he continued, "our client's a sweet specimen of humanity, isn't he?"

"Faugh! odious little reptile! And did you ever in all your life witness such a scene as when he interrupted me in the way he did?"

"Ha, ha! Never! But, upon my honor, what an exquisite turn you gave the thing—it was worth more than called it forth—it was admirable."

"Pooh—Lynx!" said Mr. Subtle, with a gratified air; "knack—mere knack—nothing more. My voice trembled—eh?—at least so I intended."

"Upon my soul, I almost believed you were for the moment overcome, and going to shed tears."

"Ah, ha, ha!—Delightful! I was convulsed with inward laughter! Shed tears!! Did the bar take it, Lynx?" inquired Mr. Subtle; for though he hated display, he loved appreciation, and by competent persons. "By the way, Lynx, the way in which you've got up the whole case does you vast credit—that opinion of yours on the evidence was—upon my word—the most masterly"—here he suddenly ceased and squeezed his companion's arm, motioning him thereby to silence. They had come up with two gentlemen, walking slowly, and conversing in a low tone, but with much earnestness of manner. They were, in fact, Mr. Aubrey and Lord De la Zouch. Mr. Subtle and Mr. Lynx crossed over to the other side of the narrow street, and quickened their pace, so as soon to be out of sight and hearing of the persons they seemed desirous of avoiding. Mr. Subtle was, indeed, unable to bear the sight of the man whom his strenuous and splendid exertions during the last two days had tended to strip of his all—to thrust from the bright domain of wealth, prosperity, distinction, into—as it were—outer darkness—the outer darkness of poverty—of destitution.

"It's rather a nuisance for the Aubreys—isn't it?" quoth the matter-of-fact Lynx.

"It's quite frightful!"—replied Mr. Subtle, in a tone of voice and with a manner which showed how deeply he felt what he uttered. "And it's not only what Mr. Aubrey will lose, but what he will be liable to—the mesne profits—sixty thousand pounds."

"Oh!—you think, then, that we can't go beyond the statute of limitations?—Eh?—is that so clear?" Mr. Subtle looked sharply at Lynx, with an expression it would be difficult to describe. "Well"—continued the impenetrable Lynx—"at all events, I'll look into it." He felt about as much sentiment in the matter as a hog eating acorns would feel interest in the antiquity of the oak from which they fell, and under whose venerable shade he was munching and stuffing himself.

"By the way, Lynx—aren't you with me in Higson and Mellington?"

"Yes—and it stands first for to-morrow morning!"

"I've not opened my papers, and—why, we've a consultation fixed for ten o'clock to-night! What's it all about?"

"It's libel against a newspaper editor—the Pomfret Cockatrice; and our client's a clergyman. They've slandered him most abominably: they say he entered the church as a wholesale dealer in tithes—and as to religion—is an unbeliever and hypocrite!"

"Ay, ay?—that sounds a little like substantial damages!—Do they justify?"2

"No—they've pleaded not guilty only."

"Who leads for the defender?"

"Mr. Quicksilver."

"Oh!—very well. We must have the consultation to-morrow morning, at the Robing-room—ten minutes before the sitting of the court. I'm rather tired to-night." With this the great leader shook hands with his modest, learned, laborious junior—and entered his lodgings.

As soon as Titmouse had been ejected from the court, in the summary way which the reader will recollect, merely on account of his having, with some slight indecorum, yielded to the mighty impulse

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Note 1. Page 1.

See post, Chapter V., Preliminary Note.

Note 2. Page 5.

An important and salutary improvement in the law of libel, especially in the case of newspapers, was effected in 1843, by statute 6 and 7 Vict. c. 96. Till then the TRUTH was inadmissible as a justification on a criminal prosecution for libel—the rule being that the greater the truth the greater was the libel—by which was meant its greater tendency to a breach of the peace. Now, however, the defendant may defend himself against an indictment or information, by pleading that the charge was true, and that it was for the public benefit that it should have been published; but he must specially state in his plea the particular facts by reason of which it was for the public benefit. If such plea, or evidence in support of it, should be false or malicious, the act allows that circumstance to be taken into consideration in awarding punishment. A serious amount of fine, imprisonment, and hard labor, may be inflicted for publishing, or threatening (with intent to extort money) to publish, a false and malicious libel. In civil proceedings a defendant may plead that he was not guilty of actual malice or gross negligence; and offered to publish, or published, a full apology, in which case he may pay money into court by way of amends; and in all actions of defamation he may show an apology, or offer of one, in mitigation of damages. This statute does not extend to Scotland.

Troilus and Cressida, i. 3.

The great increase of business alone, is the cause of the accumulation of arrears—especially in the Queen's Bench, which is almost overpowered by the enormous pressure of its criminal business. All the three superior courts have recently adopted post-terminal fittings, to enable them to despatch their arrears; an act of Parliament having been passed (stat. 1 and 2 Vict. c. 32) for that purpose.

If the reader will refer to vol. i. p. 490, he may see how the disabilities here alluded to arose, and affected the case. The doctrine of "adverse possession" is founded on the anxiety of our law to secure quietude of title. It gives every reasonable facility for the assertion of just rights against wrongful possessors of property; but with equal reasonableness fixes a limit to immunity from the consequences of negligent acquiescence under usurpation, considering it, in a word, better policy to protect a person in possession, than to encourage a struggle for it among strangers. Vigilantibus non dormientibus jura subveniunt, is the maxim of the common law, on which also the statute law has often acted, and recently with great effect, by stat. 3 and 4 Will. 4, c. 27, (passed on the 24th July 1833.) By its provisions, many of the most subtle and difficult questions concerning the nature of "possession" are got rid of; and the period of twenty years from the commencement of the rights of possession, fixed as that within which alone an action or suit in equity for the recovery of lands must be brought—unless a party was, when his right accrued, laboring under the disability of infancy, coverture, insanity, or absence beyond seas: in any of which cases an extension of ten years is allowed: but it is expressly provided, that however numerous such disabilities may have been—however long and uninterruptedly they may have lasted—forty years shall be absolutely the limit within which the action or suit must be brought from the time of the right first accruing. If the statute "once begin to run," as the lawyers say, "nothing can stop it." The above constitute some of the boldest and best of the great alterations recently effected in our English system of real property law. A far longer period than the present one was requisite to constitute "adverse possession" at the time mentioned in the text.

See post, Chapter V., Preliminary Note.

"[Greek: 'Anthropinos]," signifies in this place, (1 Corinth. x. 13,) says a commentator on this memorable passage of Scripture, "such as is suited to the nature and circumstances of man; such as every man may reasonably expect, if he consider the nature of his body and soul, and his situation in the present world."