ral reason, good Morals, and sound | 11. A LETTER to HIRE of his CARE Policy, are these:and ATTENTION, is responsible for ORDINARY Negligence. 12. A CARRIER for HIRE, by land or by water, is answerable for ORDINARY neglect. 1. A Bailee, who derives no Benefit from his Undertaking, is responsible only for GROSS neglect. 2. A Bailee, who alone receives Benefit from the Bailment, is responsible for SLIGHT neglect. 3. When the Bailment is beneficial to both Parties, the Bailee must answer for ORDINARY neglect. 4. A SPECIAL AGREEMENT of any Bailee to answer for more or less, is in general valid. 5. ALL Bailees are answerable for actual FRAUD, even though the contrary be stipulated 6. No Bailee shall be charged for a Loss by inevitable ACCIDENT or irresistible Force, except by special Agreement. 7. ROBBERY by Force is considered as irresistible; but a loss by private STEALTH is presumptive Evidence of ordinary Neglect. 8 GROSS Neglect is a Violation of good Faith. 9. No ACTION lies to compel Performance of a naked Contract. 10. A reparation may be obtained by suit for every DAMAGE Occasioned by an INJURY. 11. The Negligence of a SERVANT, acting by his Master's express or implied Order, is the Negligence of the MASTER. III. From these Rules the following Propositions are evidently reducible: 1. A DEPOSITARY is responsible only for GROSs Neglect; or, in other Words, for a Violation of good Faith. 2. A DEPOSITARY, whose character is known to his Depositor, shall not answer for mere neglect, if he take no better care of his own goods, and they also be spoiled or destroyed. 3. A MANDATARY to carry, is responsible only for GROSS neglect, or a Breach of good Faith. 4. A MANDATARY to perform a Work, is bound to use a degree of diligence adequate to the performance of it. 5. A Man cannot be compelled by ACTION to perform his promise of engaging in a DEPOSIT or a MANDATE. 6. A reparation may be obtained by suit for DAMAGE Occasioned by the non-performance of a promise to become a DEPOSITARY or a MANDATARY. 7. A BORROWER for USE is responsible for SLIGHT Negligence. 8. A PAWNEE is answerable for ORDINARY Neglect. 9. The HIRER OF A THING is answerable for ORDINARY Neglect. 10. A WORKMAN for HIRE must answer for ORDINARY Neglect of the goods bailed, and apply a Degree of SKILL equal to his undertaking. IV. To these Rules and Propositions there are some exceptions: 1. A Man, who spontaneously and officiously engages to keep, or to carry, the Goods of another, though without Reward, must answer for SLIGHT Neglect. 2. If a man, through strong persuasion and with Reluctance, undertake the execution of a MANDATE, no more can be required of him than a fair exertion of his Ability. 3. ALL Bailees become responsible for losses by CASUALTY or VIOLENCE, after their refusal to return the Things bailed on a LAWFUL DEMAND. 4. A BORROWER and a HIRER are answerable in ALL EVENTS, if they keep the Things borrowed or hired after the stipulated Time, or use them differently from their Agreement. 5. A DEPOSITARY and a PAWNEE are answerable in ALL EVENTS, if they use the things deposited or pawned. 6. An INNKEEPER is chargeable for the Goods of his Guest, within his Inn, if the Guest be robbed by the Servants or Inmates of the Keeper. 7. A COMMON CARRIER, by land or by water, must indemnify the Owner of the Goods carried, if he be ROBBED of them. v. It is no Exception, but a Corollary, from the Rules, that every Bailee is responsible for a loss by ACCIDENT or FORCE, however inevitable or irresistible, if it be occasioned by that degree of negligence, for which the nature of his Contract makes him generally answerable;' and to conclude this important Title in Jurisprudence, all the preceding Rules and Propositions may be diversified to infinity by the Circumstances of every particular Case; on which Circumstances it is on the Continent the province of a Judge appointed by the Sovereign, and in ENGLAND, to our constant honour and happiness, of a Jury freely chosen by the Parties, finally to decide: thus, when a Painted Cartoon, pasted on Canvas, had been deposited, and the Bailee kept it so near a damp wall, that it peeled and was much injured, the Question' whether the Depositary had been guilty of GROSS neglect,' was properly left to the Jury; and, on a Verdict for the Plaintiff with pretty large damages, the Court refused to grant a new Trial *; but it was the Judge, who determined, that the Defendant was by Law responsible for gross negligence only; and, if it had been proved, that the Bailee had kept his own Pictures of the same sort in the same place and manner, and that they too had been spoiled, a new Trial would, I conceive, have been granted; and so, if no more than SLIGHT neglect had been committed, and the Jury had, nevertheless, taken upon themselves to decide against Law, that a Bailee without Reward, was responsible for it.-Jones on Bailments. REMARKS ON MENTAL AFFECTIONS. (Continued from Vol. V. col. 1099.) WE frequently hear of the deplorable effects of sudden shocks upon the senses of young people, whose nerves appear to be more susceptible of injury from this cause, than those of more mature age; all sports, therefore, of children, of affrighting each other, should be most strictly forbidden. Shocks of this kind, though not immediately fatal, will often lay the foundation of incurable diseases. I have had many cases of mental derangement, which were supposed to have originated in sudden fright; I particularly recollect one,- -a most dreadful case of maniacal fury in a young man, which was evidently occasioned by his companion shouting in his ear when asleep. A gentleman lately informed me, that a brother of his, when a little boy, was at play with other lads, and a mad dog came amongst them, and having bitten all or most of them, they were all ordered to the sea to bathe, as an antidote. The boy alluded to, assured his father that he had not been bitten; and that if he was bathed, he was sure it would kill him. He, however, persisted; and fortunate it would have been if it had killed him, for on being taken out of the water he was found to be a complete idiot, and he remained so to the day of his death, which took place when he was twenty years of age. And though I contend, that in all cases of this kind, means of recovery should be used, yet in this instance * 2. Stra. 1099. Mytton and Cock. there could be little hopes of success; for the boy's previous terror, added to being plunged into cold water, would cause a sudden repulsion of blood to the head, which occasioned, no doubt, an infusion upon the brain that could not be removed. Strongly exciting the fears of children should be avoided as much as possible, and never resorted to but to answer some very valuable purposes in moral conduct. The terror of punishment may be justifiable with bad or lazy children, but should never be adopted with those that are dull or low spirited. Many young people suffer from depression of spirits, and a fear of superiors; and we may take it for granted, that the happiness of children while under tuition, is of great consequence to their future mental health; and the foundation of mental torpor, and even settled melancholy, are often laid at schools, particularly those where one part of the scholars are permitted to tyrannize over, or teaze the other; and yet the preposterous system of flogging is permitted in many of our public schools; and while a practice so very subversive of all morals and proper social feelings is permitted in our seminaries of learning, how can we expect them in the world? I trust, however, that either the practice of flogging in public schools, will, ere long, be totally abolished, or that such schools will be entirely deserted. Many noblemen's sons may have owed their after mania to this disgraceful practice. In some cases of mental derangement, sudden shocks have operated as a cure. I have heard of numbers being recovered in this way. I had a personal knowledge of two. One was a poor mechanic, chained in a state of madness in his own cottage. The cottage took fire, and he was heard to cry out, "What! am I to be burned to death? will no one set me at liberty? or will no one throw me a hammer, that I may set myself at liberty?" Upon this, some one threw him a hammer, and he was soon at liberty, assisted actively in putting out the fire, and from that moment to the day of his death, he was quite free from any mental disease. The other was an old gentleman who had been insane three years. He was a very | heavy man, and walking out on a frosty morning his feet slipped from under him, and he had a dreadful fall. It was supposed he must be very much hurt; but upon helping him up, he was found to have received no bodily injury, and to be quite free from his insanity. He said that upon his fall he awoke from a long and troublesome dream, but expressed great astonishment on being informed that this dream had been of three years' duration. He only thought it had been as the dream of a long night. He remained well to the day of his death, which was many years after. Now in any case of mental disease, a shock would be likely to cause a lucid interval, and in these cases the only wonder was, that they did not relapse, and this must have been owing to an improved constitution, and a state of the nervous system best calculated to resist a tendency to a relapse. without the concurrence, at least, of bodily or physical disease. And what is the first and most general effect of extreme anxiety or mental intensity? Most assuredly, a neglect of the physical functions, which become diseased in consequence, in that very way which I contend is most calculated to cause or aggravate a mental affection. There is, no doubt, a great difference in the true character of the cases of mental derangement; for while some may be safely referred to mental causes, others occurring, without any mental cause being at all discoverable, must be assigned entirely to medical causes; but in cases of the former character, bodily or physical disorder will aggravate or bring into action the mental cause, while thousands and tens of thousands of cases are entirely owing to medical causes, without any mental affection being assigned. To talk of organic disease or mal-conformation of the brain previous to insanity, is quite a folly, in those who remain the best part of their lives quite free from mental disease; the cause must be in some thing liable to change. It is said, that a very celebrated writer and medical practitioner is in the habit of referring all diseases to a want of healthy tone in the digestive organs. I am so far his disciple as to be firmly of the opinion, that every I have known a remarkable case, where a most violent shock upon the feelings might have been expected to cause insanity, but where it had no such effect. A lady had recovered under my uncle's care from a violent state of madness, which had commenced soon after giving birth to a son and heir. Her return home perfectly recovered, was the cause of great joy amongst her relations and friends, and as an expression of it, they were to have a sumptuous chris-case of insanity is owing to a want of tening of the son. In the hurry of preparation, some one said, "Where's the child?" One of the females answered, "It fell asleep in my arms, and I laid it down upon such a bed.' "Good heavens!" cried another, "I turned up that bed!" and upon going to it, the child was found quite dead. Now, to a mother having just recovered from insanity, and returned to the joys of domestic happiness, on receiving such a shock, it might well be expected to cause a relapse;-and the reason it did not is obvious; the means used for her recovery had put her nervous system into the best state possible to receive such a shock without injury. I am willing to admit that the remote cause of insanity may often be found in extreme anxiety and mental intensity, or mental perturbation; but never will I believe, that any train of the ideas or mental discussions will arrive at actual mental derangement, healthy tone in the digestive organs, or rather say, functions; and to a want of healthy action in the secretions, particularly the alvine secretion. I would not, however, be understood to suppose, that the simply having a bad stomach, or being costive, &c. will cause insanity, but that the long habit of them may; and it is my firm persuasion that an opposite habit, that is, a good tone of the digestive functions, and an active healthy state of the secretions, as a regular habit, is a state of absolute safety, as it regards this particular disease. Admitting, as I do, that there may be many and remote bodily causes, still I should be sure to find these symptoms accompanying the disease, and should be therefore warranted in believing them to be the proximate cause. I beg to observe, that this confidence is not entirely my own, it is at least in part the confidence of my predecessors, whose medical practice has always a reference to this as a leading principle; and if we do but call to mind the many ramifications of the nerves immediately connected with the internal viscera, and what is of more obvious consequence, the plain fact, that we cannot be disordered in body in the slightest degree from these causes, without having the thinking principle disordered too; and what is to me still more convincing, the opinion of my predecessors after long practice, and my own minute examination of many hundred cases, I feel quite safe in my conclusions, that confirmed insanity is in every instance owing to a want of healthy tone in the digestive functions, and to a want of healthy action in one or more of the secretions, either as an aggravating or the sole cause. On speaking of the symptoms of approaching insanity, I beg further to observe, that I should almost consider it as a reflection upon a superintending Providence, if a disorder so dreadful in its nature, and often in its consequences, were to attack us without any notice, or the possibility of prevention. We all know we must die, and therefore it is a duty in all to be prepared for that event; but it is not a duty in all to prepare for insanity, for great numbers are not at all likely to be ever afflicted; but it may be a duty in all to know the symptoms which indicate its approach, and which I believe to be sufficiently obvious for the purposes of prevention; but if mankind wilfully or ignorantly refuse instruction, they must abide the consequences, as well as those who wilfully or ignorantly refuse all admonitions to be prepared for death. of suspicion, and an increased excitement in the looks, which cannot be described, because always varying with the variations of the passions that give rise to them, but which cannot go unobserved by the nearest connexions in life. The article of sleep is of great importance. Sometimes extreme drowsiness or lethargy is a symptom of approaching insanity; but more generally there is a great want of sleep, particularly in the morning part. But while we can enjoy our sleep neither in too great quantities, nor yet with any great want of it, there cannot, I think, be any immediate danger of insanity; not that I consider either the want or the excess of sleep as the cause of insanity, I can only consider them as symptoms arising from the excitement of a mental disease already begun, though it be as yet in a latent state. Disorders of the head are generally complained of in this state: sometimes there is a fixed pain, in others a throbbing painful pulsation; others complain of noises in the head, as of the sound of running water, or of music; while others complain of a clicking regular noise, as of the clicking of a clock. Some complain of a lightness and giddiness in the head; and others complain of its being so heavy that they cannot hold it up. We may take it for granted, that in this state the stomach is always out of orderas well as the bowels, mostly costive, but always irregular. In some, insensible perspiration is diminished; and in others, obstructions are a frequent consequence. The appetite is generally capricious, and there is often a greater desire than usual to what is strong to drink, and it has more than its usual effect. Frequent flushings of the face are usual, caused by sudden determinations of blood to the head, alternating with a pale haggard look; and coldness of the lower extremities is often complained of. The temper and mind variable, generally suspicion takes hold of the feel The first symptom of approaching insanity which demands attention is, frequently, the involuntary thoughts being too much engaged upon one subject. When any one is heard to say, I cannot get such a thing out of my head, it may be a symptom of danger; but if this intrusion of one trainings without any cause; and groundof the ideas breaks in upon the common duties, and common pleasures, and common comforts of life, it requires particular attention. Another symptom is, the altered looks; sometimes the eyes appear more than usually obtruded, in others they are inflamed, but in all cases there is a cast less fears and jealousies, ill-placed attachments, and ill-placed confidence, are frequent prognostics. Previously to any positive symptoms of mental disease, extreme depression of spirits, and a desire to be alone, is a symptom in some; and in others, an unusual overflow of spirits, and a de sire to ramble about, get into com- Spring-Vale, near Stone, (To be continued.) THE TALKATIVE WOMAN. "At once the torrent of her words " But prattling women are despis'd." more harmonious in the assumed phantasie, than ever the reality could possibly appear. 66 Thus, Sir, do I pass many, of what the world terms, a solitary hour, to me a feast of reason, and a flow of soul," again retracing all my former steps through youth to manhood, repeating the enjoyment of many a boyish trick, and daring adventure of youth, imperceptibly tracing the map of past adventures to the very verge of the time being, lamenting over the follies of life, shuddering at my hairbreadth escapes from danger, or ascending to the throne of mercy in the incense of gratitude to that divine Being who has hitherto upheld me with his arm of power through apparently insurmountable difficulties. "Well, have you heard the melancholy circumstance of poor Mr. P—'s destroying himself? I suppose not. It was only this morning that I heard of it through my particular friend H-, a tradesman of opulence, just retired from business-report says I was one day absorbed in some of these delightful reveries, when my visionary creation was inundated by a deluge more dreadful than that which overwhelmed the antediluvian world, by the abrupt entrance of an old acquaintance, before whose torrents of MR. EDITOR. eloquence many maps of ideal beauty SIR,-From habit and natural pro- had already suffered annihilation. I pensity, I am one of those domesticat- had scarcely time to withdraw my ed beings, that, were it not for the ap- thoughts from the Arcadian scenes in pearance of affectation and eccentri- which my imagination had been revelcity, which I do most heartily depre-ling, before she lifted her flood-gates, cate, I believe the greater portion of and thus commenced the attack:— my time would be absorbed in contemplation. To be seated in an armchair beside a clear and well-managed fire, is certainly an enjoyment to which myself, and many natives of this small encircled portion of the globe, are no strangers. In that attitude we are a match for our more gay and frolic-worth twenty thousand pounds. No some neighbours, so far as relates to thinking; for it is as impossible to confine one of our light-hearted, restless brethren of France, for any length of time, to abtruse reasonings or solid reflection, as it would be to metamorphose his nature, or alter his volatile composition. Be that as it may, the sparkling and quick transitions of a good cheerful fire, is certainly a great luxury to an imaginative disposition. I can then sit, and revolve in my mind the passing scenes of life; the whole political, moral, and religious pulsation of the nation is gently felt, and soberly appreciated; "the great globe itself, and all that it inherits" passes in rapid succession across the mind's eye, reverberating along the cogitative faculty of thought, a thousand times cause whatever is assigned for his the |