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proved, and considerable alterat ons be made in the fhape, appearance, and other peculiarities of the sheep, without the smallest alteration of the parent breed, or intermixture with others. In this way lefser variations may be produced, which may constitute a kind of artificial varieties of theep. And it is probable, that this circumstance being observed has given rise to Buffon's notion, that all the varieties we perceive in the same species must have been obtained in time from one individual. But it deserves here to be well remarked, that variations of this sort, never could have taken place in a state of nature, so as to produce any thing like a general change. In regard to this particular we may truly say, that “all is the gift of industry;" for without the fostering hand of man, the blefsing which heaven intended for him would have been lost. The distinguished particular would have been suffered to die with the individual, as its peculiarities would immediately have been blended promiscuously in the general mass.*

*Should it ever happen, that the beaver fhall come under the power of man, it is not impossible, but the fur of that animal might, by attention and selection, be greatly meliorated. In its present state there are many long and stiff hairs, interspersed through the fine soft fur of that animal, which must be separated from that fur, before it can be applied to any use. This is a very troublesome operation, and the best method that has hitherto been adopted for effecting this, is to allow the Indians to wear these furs as garments, until the stiff hairs, which loosen hefore the fine fur, gradually disappear; by this process the fine fur is much worn also. -But were men enabled to select such beavers for breeding apart, as chanced to have lefs of this hair in their fleece than usual, it would gradually become thinner, and by the same care continued, might in time perhaps entirely disappear. But the beaver seems to be too shy an animal to afford any probability VOL. Xvii.

X

ON THE DELAYS INCIDENT TO THE COURT

OF SESSION.

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To the Lord President of the Court of Session.

MY LORD,

LETTER IV.

It might be too violent a change to shorten the induciæ or days of citation, and alter the mode of bring. ing an action into court by tabling, calling, outgiv

that it ever can be domesticated, and therefore we are not to look for any improved varieties of this, more than of other wild animals.

The same mode might be taken to improve the wool of the vicuna, a small species of the camel tribe, which affords the fine wool called laine de vigogne, or vigonia wool, which also abounds with coarse hairs like that of the beaver; and as this animal can easily be domesticated, and is known to live in the cold climate of Aranjuez in Spain, could its fleece be once purified from the hairs that now debase it, that creature might in time become a valuable addition to the stock of domestic animals in Europe.

This mode of improvement may be applied to vegetables, as well as to animals, with great benefit to the public, and advantage to indivi duals. Having observed that the different plants of the same kinds of kidney beans vary from each other exceedingly, in regard to their prolificacy, I was very desirous of saving some seeds this season from some of the most and of the least prolific plants in the same bed, to sow them apart, and observe the result; but unfortunately, they were ga thered without my knowledge, so as to mar the experiment for a year. Having mentioned this circumstance, with regret, to a very attentive gardener, he assured me that the same circumstance had struck him long ago, and that he had tried the experiment, and said it never failed that the seeds produced from the most prolific plants always afforded by much the most abundant crop, though there was even among these a considerable diversity in particular plants; but by

ing, return, and inrollment. As our habits and attention are formed to these, it will perhaps be better to preserve them unaltered. But if a condescendence be not lodged within a fortnight, I think the cause fhould go to be advised as it stands; and that the same thing may safely take place as to answers, replies, and duplies. The clerks and their afsistants might be ordained to mark the date of lodging on each of these papers; and there should be an absolute prohibition against receiving one paper of them after the fourteenth day is run. If such a regulation were made, these papers would no more be received after the days, than a representation could after the interlocutor becomes final.

The debate fhould be pretty full when it comes the length of duplies, which ought, I think, to be the last paper allowed of. But here a difficulty occurs. The respondent often makes some production along with his duplies; and it would be laying the condescender under a disadvantage if he were not to see the

constant selection in this way, he thinks perhaps the produce might be prodigiously augmented.

I had occasion to take notice, Bee vol. vi. p. 96. that another attentive gentlemar, had, by the same mode of selection, obtained a va¬ riety of pease much more early than the common; and no doubt by an equal degree of care, other valuable peculiarities might be increased.

Another gentleman of my acquaintance having about a dozen years ago thus selected some ears of wheat of a peculiarly fine quality, has obtained a variety, which by a continuance of the same care, now yields him a crop which he is confident, in equal circumstances, will be in general worth two guineas per acre more than if he had taken his sced at random. This opens up a wide field for the attentive and industrią eus improver!

Oct. 2. production before it goes to be advised. To remedy this, both parties might be ordained to bring forward their facts, and make their productions, along with their condescendence and answers; and all new productions after the answers are lodged, might be absolutely prohibited; and if any new document fhould afterwards come to the knowledge of either party, it might be produced along with a representation or an answer, as the case may be.

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I would not have the days to stop even for the recovery of a paper out of the hands of a third party; nor indeed to admit of any interruption more than the representing days for if they are once found capable of interruption, things will soon revert into their old channel of delay. And if a party be thus taken fhort by a strict adherence to rule, the benefit can be reserved to him of any action he may choose to bring afterwards, upon the unrecovered deed.

In the case of orders to produce a writing, it is obvious that the time for production cannnot in every case be limited to a fortnight. The document may not always be at hand. It may be in the East or West Indies, or perhaps a-mifsing or lost. Such orders must therefore be left to the discretion of the judge, that he may allow a week or a year, to produce it, as most expedient. But after the time allowed by him is once expired, I would not have it in the power of the judge himself to give any renewal of the order; but only to reserve action to the party supposed to suffer from the want of the deed. When litigants are once aware of such precision, they will beştir themselves

much more than they would, if any renewel could be hoped for.

It is no uncommon thing, to have the one party ordained to produce a writing that is favourable for the other. In such a case the party ordained, may no doubt elude the order till the time expires; but still I would not put it in the power of the judge to renew the order, but, let the cause go to be advised as it stands, so as the judge may give an interlocutor, according to the circumstances of the case, either presuming against the party ordained, for not producing, or reserving action to the other party, for exhibition and consequences. Perhaps in this instance the principle of necefsity and precision is carried too far. If so, the proposition can no where be safer than under your Lordship's consideration. I fhall afterwards have occasion to mention several things that are equally worthy of your notice, as equally requiring a remedy, and not more easily provided for.

I am &c. LENTULUS.

FRAGMENTS OF LORD BACON.

Art of life, in the cultivation of such habitudes, as terminate in an amiable, tranquil, and respectable

old age.

amig B.

For the Bee.

Continued from vol. xvi. p. 169.

* * * * In forty years, (reckoning from the attainment of man's estate,) a man may have a deep gust of the world, know what it is, what it can afford, and what it is to have been a man.

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