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progress through the roaring stream, bending up against the current, and seeming to grapple with it as with a human enemy, it may be imagined that the spectacle was viewed with intense interest by his comrades above. Sometimes the holes were far apart, and, in striding from one to the other, it seemed a miracle that he was not swept away; sometimes they were too shallow to afford sufficient purchase; and as he stood swaying and tottering for a moment, smothered cry burst from the hearts of the spectators-converted into a shout of triumph and applause as he suddenly sprang forward another step, plunged his leg into a deeper crevice, and remained steady. Sometimes the holes were too deep-a still more imminent danger; and once or twice there was nothing visible of the adventurer above the surface but his arms and head, his wild eyes glaring like those of a water demon amidst the spray, and his teeth seen fiercely clenched through the dripping and disordered mustachio. The wind in the meantime increased every moment; and, as it swept moaning through the chasm, whenever it struck the river, the black waters rose with a burst and a shriek. The spirit of human daring at last conquered, and the soldier stood panting on the opposite precipice. What was gained by the exploit? The rope, stretched across the chasm, and fastened firmly at either side, was as good as Waterloo-bridge to the gallant Frenchmen! General Bethencourt himself was the first to follow the volunteer; and after him a thousand men-knapsacked, armed, and accoutred-swung themselves, one by one, across the abyss, a slender cord their only support, and an Alpine torrent their only footing. The dogs of the division, amounting to five, with a heroism less fortunate, but not less admirable, next tried the passage. They had waited till the last man had crossed-for a soldier's dog belongs to the regiment-and then, with a quick, moaning cry, sprung simultaneously into the gulf. Two only reached the opposite cliffs-the other three were swept away by the torrent. These gallant beasts were seen for several minutes, struggling among the surge; they receded imperceptibly; and then sunk at once in an eddy, that whirled them out of sight. Two died in silence; but a wild and stifled yell told the despair of the third. The adventurers-at the foot of an almost perpendicular mountain, which it was necessary to cross before nightfall-had little time to grieve for their faithful friends. With the assistance of their bayonets, which they inserted, while climbing, in the interstices of the rock to serve as a support, they recommenced their perilous ascent; but even after a considerable time had elapsed, they often turned their heads as some sound from the dark river below reached them, and

looked down with a vague hope into the gulf. The terror of the Austrian posts may be conceived, when they saw a thousand men rushing down upon them from the Alps, by passes which nature herself had fortified with seemingly inaccessible ramparts! The expedition was completely successful, both as regarded its immediate and ulterior purpose; and, indeed, with all the disadvantages attending the opening of a new and hazardous route, the column reached the point of rendezvous several days before that of General Moncey, which had debouched by the pass of St Bernard.* The famous battle of Marengo took place immediately after; and the construction of the military road of the Simplon was decreed.

TRUSTEES.-A trustee must make good all losses which may be incurred by the person or persons for whose benefit he holds the trust, or by any other innocent persons, provided those losses take place through the negligent, mistaken, or improper conduct of the trustee. Negligence, mistake, and impropriety, called breaches of trust, are chargeable on the conduct of a trustee, when that conduct is not consistent with the terms of the document by which he holds the appointment, or with the rules of management which the Court of Chancery deems to be provident, although his motives may be the most upright. A trustee, who negligently declines to lay out trust-money so as to make it productive, is liable to be called on to make good the loss, by paying out of his own pocket interest at the rate of 4 per cent. Trustees are never justified in breaking in on the capital of an infant, except for the purpose of apprenticing or otherwise putting him out in life; and when, under any other pretence, they intrude on the capital, they are bound to repay it, together with the interest which it should have borne. No length of time will preclude a party, for whose benefit trust property is held, from exacting justice from his

trustee.

EXECUTORS. An executor is one appointed by a testator to carry his will into effect. He may renounce the office, but he cannot transfer it; if he takes the usual oath, he is bound to execute the duties of the office. He regulates the expense of the funeral, and is responsible for charges that are not reasonable and fitting the condition of the deceased. An executor has the entire control of the property on the death of the deceased, and is bound to take proper steps for its security. He is bound also to do such

* It was eventually found that the route of the Simplon shortened the distance from Paris to Milan by nearly 50 leagues.

acts as not being immediately done will deteriorate the property. He may sue for debts due to the testator. He may retain debts due to himself; but if a testator appoint his debtor to be his executor, the appointment is a complete discharge of the debt. He must pay the debts of the deceased in the following order :-Debts due to the King, poor's rates, post-office letters; debts of record, such as judgments, recognizances, &c.; debts due on special contract, those due on simple contract, bills, &c. If the assets be insufficient for all the debts, the executor ought to pay those claims of equal degree, by equal proportions. Executors paying legacies and not leaving enough for debts, are responsible to the creditors.

TO THE PARTED YEAR.
COME strew the bier of Time,
The funeral of a year!-

The bells ring out a merry chime
To please the giddy ear;

More meet to me the tear

O'er perish'd hours and dreams that were

Ay, over all their joy and care!

Come strew the dead time's bier,

The year that's pass'd away!
Whither is sped its wild career,

Its unknown destiny?

Perhaps to the realms of day,
To make report how vain and drear
The scenes which it has quitted are.

Go, year, as mortals go,

Haply to some bright scene,
Where thou at length may'st know
The state of blissful sheen,
That eye hath never seen;
Where happiness is no dull mean
Between excess of joy and pain.

Thy grave is dark and deep,

The threatening gloom I see,
That wraps thee in thy last long sleep,-
Vast its abyss to me,

Deep as eternity

Mysterious as the veil that's spread
Between the living and the dead.
Go where Forgetfulness

Holds her drugg'd cup to thee;
Go where Fame, Nothingness,
Want, Riches, Pride, all flee,
And find equality-

Go to the phantom-land, which none
Have ever yet to mortals shown.

Go, thou hast ta'en thy rest
Before I take up mine;

'Tis well-thou art the sooner bless'd
With that repose divine,

For which the weary pine,

Upon the undiscover'd shore

Where time and years shall count no more.

HUSBANDS AND WIVES.-General notices by husbands not to trust their wives are useless; but notices to particular tradesmen to that effect will exonerate the husband, in case his wife's orders to tradesmen are complied with. A man who treats a woman with whom he lives as his wife before the world, is bound by that woman's acts in the same way as if she was his lawful wife. A tradesman who gives credit to such a woman must be prepared to show by evidence, that the man whom he seeks to make responsible for her debts has so acted as to allow him or others to take for granted that they were married. On the death of her husband, a wife is entitled to what is called her paraphernalia, which means her bed and necessary apparel, and such ornaments of her person as, being consistent with the rank of her late husband, may be in her possession at his de

cease.

BILLS OF EXCHANGE.-A bill of exchange is a promise by the acceptor to pay the sum of money mentioned in the instrument; a promissory note is a similar promise by the drawer. A bill or note must be made for the payment of money only, and this money in actual cash. If in a bill the drawer writes a promise to pay in notes, securities, or in any other form than cash, the instrument is not a legal one. The bill or note must also be for a defined and certain sum, and the promise to pay must be absolute, and not dependent on any contingency. A bill may be made payable at any time, however distant. If any words are written on the back of a bill or note, which, if they were inserted on the face of the instrument, would affect its validity, the bill is not good in law. A bill may be post-dated, if no fraud on the stamp office is the consequence. The place where a note is drawn is not material; but the address of a drawee in a bill of exchange is material. If the words " or order," or bearer," are not in the bill, it is not negotiable. The drawer of a bill enters into an engagement to pay any person who is the rightful holder of the bill, when payment is due. If persons who are bound to pay a bill receive notice that it has been lost, they ought not to pay it afterwards unless to a bona fide holder. Bills payable at a certain time after

"

date, after sight, after demand, or notice, or after any other event, are not to be paid until the expiration of certain days of grace, which vary in different countries. In this country three days are allowed, except when Sunday falls on the third day, and then only two are allowed. Months are calender months; and the first day of grace the next day after the full completion of the time mentioned in the bill, and the payment must be made on the last day of grace. The holder of a bill which is not duly paid should, without delay, communicate the dishonouring of the bill to all persons to whom he looks for indemnification; he is not bound to give notice to all, but it is his policy to do so, since he may suffer from the neglect of others in not giving all the parties notice. Those who do not receive due notice are discharged from liability.

THE LORD CHANCELLOR.-Archimedes directed that the figure of a cylinder containing a sphere should be carved upon his monument, to express the character of his genius by a mathematical inscription. It would be difficult to invent a device which should indicate the peculiar excellence of Brougham, for he is a "myriad-minded” being; but we shall only attempt (however inadequately) to describe him as he appears in the imposing attitude of an orator. As such, he stands alone amongst living men; and in certain important attributes of eloquence, perhaps has never been surpassed. His mental resources appear to include every variety of talent, no matter how classified, or to what category it be reducible. An absolute command of language, uncommon fluency of utterance, and inexhaustible versatility of voice, enable him to employ these vast intellectual powers to the greatest possible advantage, and with instantaneous effect. His features, though sallow, corrugated, and harshly developed, are spiritual and expressive; not comely, it is true, but neither are they in any degree repulsive or unpleasing. Impetuous without bluster, and energetic without inflation, his accents vary with the character of his subject, from "the small, still" whisper distinctly enunciated, to the impassioned burst that astounds by its power and awes by its solemnity. Burke, in his declamation, not unfrequently became hoarse and dissonant; Chatham often repeated the last words of the preceding sentence to assist his memory; the elocution of Fox was usually turbid and disjointed; and the action of Grattan was awkward and inelegant. None of these faults are attributable to Brougham; for his language flows freely and fluently, without either interruption or embarrassment -his voice, at once clear and strong, is sonorous in its

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