ave you considered what Vinnius in
his 'Commentary on Urban Servitudes' says."
Mr. Ricochet said, "Hem!" and that was the very best answer he could make
to the learned Pangloss, and if he only continues to answer in that
manner he'll get any rule he likes to apply for--(no, not the Rule of
Three, perhaps).
So Mr. Justice Pangloss went on:
"There are, as Gale says, 'two classes of easements distinctly recognised
by the Civil Law--'"
"Hem!" said Ricochet.
"'Under the head of "Urban Servitudes--'"
Ricochet: "Hem!"
"'That a man,' (continued Mr. Justice Pangloss), 'shall receive upon his
house or land the _flumen_ or _stillicidium_ of his neighbour--'"
"Hem!" coughed Mr. Ricochet, in a very high key; I verily believe in
imitation of that wonderful comedian, J. C. Clarke.
Then Mr. Justice Pangloss proceeded, to the admiration of the whole Bar:
"'The difference,' says Vinnius, in his Commentary on this passage,
between the _flumen_ and the _stillicidium_ is this--the latter is the
rain falling from the roof by drops (_guttatim et stillatim_).'"
"Hem!" from the whole Bar.
"'The _flumen_'--"
"I think," said Mr. Justice Doughty, "you are entitled to a rule on that
point, Mr. Ricochet."
Then Mr. Justice Technical whispered, and I heard Mr. Justice Doughty say
the principle was the same, although there might be some difference of
opinion about the facts, which could be argued hereafter. "But what is
the misreception of evidence, Mr. Ricochet? I don't quite see that."
"With all submission, my lud, evidence was admitted of what the solicitor
for the defendant said to the plaintiff."
"Wait a minute, let me see how that stands," said Mr. Justice Doughty;
"the solicitor for the defendant said something to the plaintiff, I don't
quite follow that."
Mr. Justice Technical observed that it was quite clear that what is said
by the solicitor of one party to the solicitor of another party is not
evidence.
"O," said the learned Pangloss, "so far back as the time of Justinian it
was laid down--"
"And that being so," said the eminent Chancery Judge, Mr. Justice
Technical, "I should go so far as to say, that what the solicitor of one
party says to the client stands upon the same footing."
"Precisely," said Mr. Ricochet
"I think you are entitled to a rule on that point," remarked Mr. Justice
Doughty, "although my brother Pangloss seems to entertain some doubt as
to whether there was any such eviden
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