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copyright 1. It is also memorable for the unanimous and luminous judgment finally delivered by the Lords Justices of Appeal 2, whereby the sale of the photographs was stopped, and the photographer was held to have been guilty of a technical contempt3. That judgment contained perhaps the most searching and learn'ed definition of construct'ive contempt 5 that has yet been for'mulated; but for the text of this I must refer the student to the law reports, because, as it took two hours to deliver, I fear that it would, notwithstanding its many beauties, be thought too long for the purpose of this history. Unfortunately, however, it did not greatly benefit Augusta, the victim of the unlawful dissemination of the photographs, inasmuch as the judgment was not delivered till a week after the great case of Meeson v. Addison and Another had been settled.

About eight days after Augusta's adventure in Regent Street, a motion was made in the Court of Probate on behalf of the defendants, Messrs. Addison and Roscoe, who were the executors and principal beneficiaries under the former will of November 1885, demanding that the Court should order the plaintiff to file a further and better affidavit of scripts, with the original will set up by him attached, the object, of course, being to compel an inspection of the document. This motion, which first brought the whole case under the notice of the public, was strenuously resist'ed by Mr. James Short, and result'ed

1) This law regulates everything connected with the right to reproduce photographs.

2) See p. 52, note 1.

3) He was guilty of technical contempt, because, being temporarily an officer of the Court, he had done what he had no right to do without permission of the Court.

4) Searching really means examining, inquiring, exploring; then penetrating, sharp, keen, whence follows the meaning it has in the text, minute, close. A searching definition is worded in such a way, that it includes every possible case coming under it.

5) Constructive means derived from, or depending on, construction or interpretation; not directly expressed, but inferred. The contempt was not directly expressed here, but the act of the photographer might be interpreted as such. Comp.: constructive trust, a trust which may be assumed to exist though no special mention of it is made.

6) A beneficiary receives the benefits, enjoys the advantages of a thing. 7) To resist a thing strenuously is to do so zealously, boldly, earnestly.


in the matter being referred to the learned Registrar for his report'. On the next motion day this report was presented, and, on its appearing from it that the photography had taken place in his presence, and accurately represented the tattoo marks on the lady, the Court declined' to harass the "will" by ordering her to submit to any further inspection before the trial. It was on this occasion that it transpired' that the "will" was engaged to be married to the plaintiff, a fact at which the Court metaphorically opened its eyes 2. After this the defendants obtained leave to amend' their answer to the plaintiff's statement of claim 3. At first they had only pleaded that the testator had not duly executed the alleged will in accordance with the provisions of 1 Vic., cap. 26, sec. 24, and that he did not know and approve the contents thereof. But now they added a plea to the effect that the said alleged will was obtained by the undue influence of Augusta Smithers, or, as one of the learned counsel for the defendants put it much more clearly at the trial, "that the will had herself procured the will, by an undue projection of her own will upon the unwilling mind of the testator".


And so the time went on. As often as he could, Eustace got away from London, and went down to the little riverside hotel, and was as happy as a man can be who has a tremen'dous lawsuit hanging over him. The law, no doubt, is an admirable institution, out of which a large number of people make a living, and a proportion of

1) A thing transpires when it becomes known, when it ceases to be

a secret.

2) A metaphor is a figure of speech in which a comparison is implied but not expressed, as He was a lion in battle. The word denoting the comparison is then used figuratively. Hence the adj. metaphorical is synonymous with figurative. The Court saw it as clearly as it would have done with bodily eyes if that had been possible.

3) They were allowed to make some alterations, in their eyes improvements, in their answer to the plaintiff's claim, suggested by their knowledge of the fact that the plaintiff and Augusta were engaged to be married.

4) See p. 157, note 1.

5) Here to approve means to sanction, to rătify, to confirm.

6) He meant to say that Augusta had exerted so much influence on Mr. Meeson, that he had been compelled, as it were, to make this new will.

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- benefit accrues' to the community at large 1. But woe unto those who form the subject-matter of its operations 2. For instance, the Court of Chancery is an excellent institution in theory, and looks after the affairs' of minors upon the purest principles. But how many of its wards after, and as a result of one of its well-intentioned interferences, have to struggle for the rest of their lives under a load of debt raised to pay the crushing costs! To employ the Court of Chancery to look after wards is something as though one set a tame elephant to pick up pins. No doubt he could pick them up, but it would cost

1) The law procures a livelihood to a great many people, who have to spend their earnings again, so that shopkeepers and many others have a share in their profits.

2) The subject-matter is that which is made the subject of discussion, thought or study; here it denotes those who have to go to law and must fall into the hands of lawyers. When clients have, as it were, to submit to the operations of the law, they must bleed in a fig. sense, i. e. it costs them a great deal of money.

3) In England justice is administered in accordance with the custom of the realm (or the common law), or in accordance with the spirit of the law (or equity). In the Court of Chancery, which by the Judicature Acts of 1873-1876 was made a division of the High Court of Justice, the rules of equity are followed. It should be observed, however, that a decision is not left to the judge's instinctive feeling as to what should be done in each particular case, but that a decision is taken in accordance with precedents.

One of the duties of the Chancery Division is to look after the affairs of minors or persons under age (under 21 years of age), who are called Wards in Chancery. For the due protection of such persons the Court has power to appoint proper guardians (voogden) where there are none, or to remove, whenever sufficient cause is shown, guardians, no matter by whom appointed; but in all these cases there must be property. The Court has also full power to use vigilant care over the conduct of the guardians, to see that the wards are duly maintained and educated; and should any one marry a ward of the Court without the sanction of the Court, even with the consent of the guardian, he may be committed to prison for contempt and be kept there till he consents to such a settlement as the Court may direct.

It is clear that all this cannot be done without employing legal advisers and without great cost, the consequence of which may be that the property is not sufficient to defray all the expenses. In such a case the ward, after attaining his majority, may find himself poor and even in debt.

something to feed him. But of course these are revolutionary remarks, which one cannot expect everybody to agree with, least of all the convey'ancing counsel of the Court.


However this may be, certainly his impending lawsuit proved a fly in Eustace's honey 2. Never a day passed but some fresh worry arose. James and John, the legal twins, fought like heroes, and held their own3 although their experience was so small-as men of tålent almost invariably do when they are put to it. But it was difficult for Eustace to keep them supplied even with sufficient money for out-ofpocket expenses 5; and, of course, as was natural in a case where such enormous sums were at stake, and in which the defendants were already men of vast wealth, they found the flower of the entire' talent and weight of the Bar arrayed' against them. Naturally Eustace. felt, and so did Mr. James Short-who, notwithstanding his pomposity and the technicălity of his talk, was both a clever and a sensible man-that more counsel, men of weight and experience, ought to be briefed ; but there were absolutely no funds for this purpose,

1) In a legal sense to convey means to transfer property from one person to another, as, for instance, to a person when he comes of age. The act of doing this, and also the document by which this is done, is called conveyance. A lawyer whose profession it is to draw up deeds for the conveyance of property is called conveyancer or conveyancing counsel.

2) A fly in the honey spoils the flavour of the honey. The lawsuit hanging over him gave him so much trouble, that he could not fully enjoy his happiness.

3) To hold one's own is to maintain one's position, to keep one's ground, as They held their own against the superior numbers of the enemy.

4) When one is put to do a thing one must do it, is compelled to do it. See p. 165, note 4.


6) By stake or stakes is meant that which may be gained or lost by victory or defeat, according to the issue of the event. When a thing is at stake it is at hăzard, it may be lost or won. (Dutch: staat op het spel.)

7) They were opposed by the cleverest and most experienced lawyers. 8) When he spoke he always used many legal terms.

9) To brief a barrister is to trust him with, or to join him with others in, the conduct of a lawsuit. See also p. 151, note 1.

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nor was anybody likely to advance' any upon the security of a will tattooed upon a young lady. This was awkward, because success in law proceedings so very often leans towards the weightiest purse, and Judges, however impartial, being but men after all, are more apt to listen to an argument which is urged upon their attention by an Attorney-General' than on one advanced by an unknown junior 2.

However, there the fact was, and they had to make the best of it; and a point in their favour was that the case, although of a most remarkable nature, was comparatively simple, and did not involve' any great mass of documentary evidence 3.



THE most wearisome times go by at last, if only one lives to see the end of them; and so it came to pass that at length on one fine morning about a quarter to ten of the Law Courts' clock 4, that projects its ghastly hideousness upon unoffend'ing Fleet Street, Augusta, accompanied by Eustace, Lady Holmhurst, and Mrs. Thomas, the wife of Captain Thomas, who had come up from visiting her relatives. in the eastern counties in order to give evidence, found herself stand


1) The Attorney-General is the highest law officer in the state. He takes the part of the Crown in any suits affecting the public interest, and is the legal adviser of the executive government. He is chosen from among the most eminent lawyers and is sure to meet with immediate attention and particular respect when he takes part in a case.

2) An unknown junior is one who has just begun his career, or who has had little or no practice in legal affairs.

3) Documentary evidence consists in official writings or documents. 4) The Law Courts are at the end of the Strand, where it passes into Fleet Street. At the south-eastern angle towards Fleet Street there . is a tower with a projecting ornamental clock, which does not seem to suit the taste of the author.

5) People from the country are said to come up to town (London). When they leave London they go down into the country. Comp.: uptrains to London; down-trains from London.

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