

L.AT10N. 



ranee ii cotwtrurd mort liberally in favour uf the tenant as agu; 

 landlord, net quite cw rtrongly in favour of the tenant for life or in tail, 

 a agaiiut the remainder-man or revertioner,' and in favour of the heir 

 rather than that of the executor. This must always be remembered in 

 drawing inferences from decisions between different parties. ThiiH n 

 decision in favour of the executor against the heir may be relied on 

 between whatever parties the question may aric, but decision* in 

 favour of the tenant again* the landlord cannot be relied upon u con- 

 elurive in cam between other parties. 



With respect to the transfer of fixture* the general rule U, that a 

 conveyance or mortgage in general terms of land* and houses include* 

 personal chattels attached thereto, though such chattels might other- 

 wise have been removed under the law of fixtures. When the con- 

 veyance is not general, but contains a stipulation that " the fixtures arc 

 to be taken at a valuation," the question what fixtures are included (in 

 the absence of a schedule or specification) is to be determined by the 

 relative situation in which the parties are placed by the conveyance. 

 U the conveyance be an absolute sale, then those articles only should 

 be valued which would be fixtures as between heir and executor ; if 

 there be A demise only, or the assignment of a lease, the valuation 

 should extend to all that would be considered tenant's list > 

 between landlord and tenant. If the description of the premises in the 

 I of a lease contain the general terms, " lands, buildings, erec- 

 tions," &c., fixtures are considered to be included in the demise, and 

 the tenant cannot afterwards remove them, whatever were his rights 

 before the new lease was granted. 



It is now settled that contracts exclusively for the sale of fixtures arc 

 valid without the formalities prescribed by the 4th section of the 

 Statute of Frauds (29 Car. II. c. 8); though if the slightest interest in 

 the realty be intended to pass, the statute will apply. It would seem 

 too, that a contract for the sale of fixtures is not within the 17th 

 section of the statute as a contract for the sale of goods and chattel*. 



the Treatise of Messrs. Amos and Ferard on the Law nf Fix- 

 ture* ; and Chitty, On Contraclt, 6th ed.) 



I'l.AO, the ensign or colour? of a sliip hoisted to denote nationality, 

 or as a signal. The word is usually supposed to have been derived 

 from the Anglo-Saxon JtcogaH, to fly or float in the wind ; but the 

 motion of a flag in the' air being similar to the flickering of a flame, 

 the origin of the word may probably be in the very old Latin root 

 " flag," to flare or blaze. 



The supreme flag of Great Britain is the royal standard, which is only 

 to be hoisted when the sovereign or one of the royal family is present ; 

 the second is that of the anchor on a red field, which characterises the 

 lord high admiral, or lords commissioners of the Admiralty ; and the 

 third is the union flag, in which the crosses of St. George, St. Andrew, 

 and St. Patrick are blended. This flag is appropriated to the admiral 

 of the fleet, who is the first naval ofhcer under the lord high admiral. 

 The British ensign is red with the union jack borne as a canton. The 

 Customs department is distinguished by its having a crown in the 

 frM as a Ixuriu;/. 



In the British navy a fleet is divided into three squadrons the 

 rcutre, the van, and the rear ; the centre Ijeing distinguished by red 

 ensigns, the van by white, and the rear by blue, and respectively 

 commanded by an admiral, a vice-admiral, and a rear-admiral. When 

 the fleet is very large, there are three divisions in each squadron ; and 

 each squadron has then its admiral, vice-admiral, and rear-admiral, who 

 respectively hold the command of its centre, van, and rear divisions. 

 The admirals are divided in like manner, there being on admiral, a 

 vice-admiral, and a rear-admiral of the red squadron, and, so of the 

 white and blue squadrons ; but in all cases an admiral carries his flag 

 nt the main, the vice-admiral at the fore, and the rear admiral at the 

 intzen. 



The three flags are plain red, white bearing the red cross <>f St. 

 George, and plain blue ; and the ensign worn by the ship that carries 

 a flag, as well as by every ship belonging to the same squadron, is 

 always nf the same colour as that of the flag-officer commanding it. 

 Various kinds of flags are used in addition, to convey orders, to ask 

 assistance, to announce arrivals, &c. ; and a regular system of com- 

 munication can be readily maintained between fleets or ships at sea. 



In the British merchant sen- ice, which contains nearly 40,000 registered 

 vessels, increasing in number about 1500 in new vessels annually, the 

 want of a more simple communication by signal became so pressing that 

 in 1865 a committee was appointed by the Board of Trade to consider 

 the subject. Marryatt's excellent code hod been used for nearly half 

 a century, and, from the difficulty which affects all radical changes in 

 public systems, years will pass before it is wholly discontinued. It 

 has, however, been determined by the committee that signals for the 

 merchant service ought to extend to at leant 70,000 or 80,000 in num- 

 ber ; and that no signal should have more than 4 flags in a hoist. 

 Steamers have in general much shorter maU than sailing vowels, and 

 therefore the higher numbers of Marryatt's Code requiring 5 flags, has 

 been pronounced a solid objection thereto. 



After considerable attention to the subject by the committee, com 

 poaed of highly competent members, it has been resolved that a new 

 system containing 18 flags and 3 pendants, which would furnish 78,642 

 Bignalt, web conflicting of not more than 4 flags in a hoist, be adopted 

 in the merchant navy of Great Britain. This so desirable a change, 

 Acted by the nuhdtitution of Irttrrr for numbers (omitting th< 



gives to the merchant marine, not only a comprehensive and simple 

 code capable of extension, but furnishes an authorised bane on which 

 to found an finrmal Syttem, which other nations will doubtless 

 approve and apply. 



From the rapidly increasing interest which attaches to nautical 

 matter* in this country, we subjoin a list of flags under this new 

 system : 



N.It. Blue it represented by line-, thu 



White 

 Yellow 



ulMcnce of all line* 

 Unn, thu 



The following arc the names of the varieties of flags in the sea 

 service, the ordinary square flag being the one most in use. It has of 

 late years become a custom for shipowners each to adopt a private, or 

 as it is colled, a " House Flag." 



Signal pendant. 



Burgee. 



FLAGELLANTS, FLAGELLATION. The idea of propitiating 

 the Deity by self-torment dates from a remote antiquity. Herodotus 

 relates (ii. 42) that the Egyptians flogged themselves at one of their 

 annual celebrations. Flagellation WUH administered as a trial < 

 titude to the young Lacedaemonians, who it seems, in accordance with 

 the peculiar institutions of Lycurgus, did not attach to this castigation 

 the idea of degradation which modern Europeans do. In Koine, how- 

 ever, the punishment of flagellation .was only applied to slaves, and it 

 seems to have lii-rn pretty common, as different clas.* 

 derived their names from the kind of whips with which tin 

 lashed. Some were called llr*ti<mt, because they were lashed only 

 with cords; others llufnltr, from being flogged with thongs of ox- 

 leather. It is in reference to this custom that Plautus makes one of 

 his personages say " Krunt /.' . )>otiut gnam ego tim jlettio." 



" They sliaU be Buccdre whether they will or no, before I be Restio." 

 The Jews employed flagellation as a punishment, but never as a volun- 

 tary act of devotional exercise. This practice was unknown to the 

 primitive Christians ; neither does it appear that the first hermits of 

 the Thebaid added self-flagellation to the different modes of \ 

 with which they tortured their body. The rules of the first monas- 

 teries in the East, drawn up by St. Anthony, Paphnutius, Mn< 

 and others, contain no ordinances as to that kind of discipline, neither 



nlioncd in the original regulations of the Benedictine order, 

 the first that was established in the Went. The legends which describe 

 the lives of the haiut - who lur I I , i-e the beginning of n 

 century never speak of self-fliiRvllation amongst the various t 

 which the al.ovi- mentioned mints inflicted on themselves. 



The first known instances of this kind of self -in 

 about A.D. 400, and from that time they became continually more 



nt till the year 1056, when Cardinal Peter Darnian dc II 

 promoted by all his influence the practice of self-flagellation, which 

 the learned author of the ' Ecclesiastical Annals,' Cardinal Barouius, 

 calls "a laudable usage of the faithful." Damian's efforts were 

 attended with great success, ami th- chroniclers relate that persons of 

 religious (Impositions were > i in armed with whips, t 



and rod*. lacciM'iiiK th-'ir own skins in order to draw down on 



