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An arbitrary majority will construe the partnership articles to suit their own interests, and stat pro constitutione voluntas. It is true that the litera scripta remains, but the meaning is found to vary with the interpreter.
But, in all these cases, the litera scripta has been but the closing act, the signing of the name to History's bead-roll of passing greatness, the testamentum of the old soldier whose personalty is worth bequeathing to the world. The work before us, although of great value and present importance, is of a very different character; as a glance at the circumstances which produced it will show.
As Agias pushed open the gate, and led Artemisia into a little garden enclosed with a high stone wall, he surprised a dapper-appearing young slave-lad of about his age, who was lying idly on the tiny grass plot, and indulging in a solitary game of backgammon. Duodecim scripta. "Hem! Iasus," was Agias's salutation, "can you do an old friend a favour?"
So down we went I assenting and we opened the desk. How dreadful the desecration seems all privacy abrogated the shocking compensation for the silence of death! Henceforward all is circumstantial evidence all conjectural except the litera scripta, and to this evidence every note-book, and every scrap of paper and private letter, must contribute ransacked, bare in the light of day what it can.
The failure of individual nonconformity to customs, as above illustrated, suggests that an analogous series of changes may have to be gone through in this case also. It is true that the lex non scripta differs from the lex scripta in this, that, being unwritten, it is more readily altered; and that it has, from time to time, been quietly ameliorated.
The A.S.C. uses up more stationery than all the departments in Whitehall, and its motto is litera scripta manet which has been explained by an A.S.C. sergeant, instructing a class of potential officers, as meaning "Never do anything without a written order, but, whatever you do, never write one."
Egerton's confidence, and he may give you some verbal message besides a written reply. Egerton is often over cautious and brief in the litera scripta." Randal went first to Egerton's neighbouring office Egerton had not been there that day. He then took a cabriolet and drove to Grosvenor Square. A quiet-looking chariot was at the door. Mr. Egerton was at home; but the servant said, "Dr.
"The service will admit of none, my dear boy: recollect that, even on shore, we have two laws, that which is written, and the lex non scripta, which is custom; of course we have it in the service, for the articles of war cannot provide for everything." "They provide a court-martial for everything though," replied Jack.
That is the great merit of pottery, viewed as an historical document; it retains its shape and peculiarities unaltered through countless centuries, for the future edification of unborn antiquaries. Litera scripta manet, and so does baked pottery.
With perfect certainty, therefore, of being comprehended, I beg leave, in lieu of offering any sentiments of my own, to refer you to the opinions of Sieur Hedelin, as set forth in the ninth paragraph of the chapter of "Injuriae per applicationem, per constructionem, et per se," in his "Duelli Lex scripta, et non; aliterque."
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