“Now,” said Mr. Justice Pangloss, “have 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).
“There are, as Gale says, ‘two classes of easements distinctly recognised by the Civil Law—’”
“‘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_).’”
“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.”
“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 evidence.”