at the act of Parliament, and submitted
to his Lordship that the stamp was sufficient; being followed by his
juniors. Mr. Subtle replied at some length.
"I certainly entertain some difficulty on the point," said his Lordship,
"and will mention the matter to my brother Grayley." Taking with him the
deed, and Mr. Mortmain's copy of the stamp acts, his Lordship left the
court, and was absent a quarter of an hour--half an hour--three quarters
of an hour; and at length returned.
"I have consulted," said his Lordship, as soon as he had taken his seat
amid the profoundest silence, "my brother Grayley, and we have very
fully considered the point. My brother happens, fortunately, to have by
him a manuscript note of a case in which he was counsel, about eighteen
years ago, and in which the exact point arose which exists in the
present case." He then read out of a thick manuscript book, which he had
brought with him from Mr. Justice Grayley, the particulars of the case
alluded to, and which were certainly almost precisely similar to those
then before the court. In the case referred to, the stamp had been held
sufficient; and so, his Lordship and his brother Grayley were of
opinion, was the stamp in the deed then before him. The cloud which had
settled upon the countenances of the Attorney-General and his party,
here flitted over to, and settled upon, those of his opponents. "Your
Lordship will perhaps take a note of the objection," said Mr. Subtle,
somewhat chagrined. Lord Widdrington nodded, and immediately made the
requisite entry in his notes.
"_Now_, then, we propose to put in and read this deed," said the
Attorney-General, with a smile of suppressed triumph, holding out his
hand towards Mr. Lynx, who was scrutinizing it very eagerly--"I presume
my learned friend will require only the operative parts to be
read"--here Lynx, with some excitement, called his leader's attention to
something which had occurred to him in the deed: up got Quicksilver and
Mortmain; and presently--
"Not quite so fast, Mr. Attorney, if you please," said Mr. Subtle, with
a little elation of manner--"I have another, and I apprehend a clearly
fatal objection to the admissibility of this deed, till my learned
friend shall have accounted for an ERASURE"----
"Erasure!" echoed the Attorney-General, with much surprise--"Allow me to
see the deed;" and he took it with an incredulous smile, which, however,
disappeared as he looked more and more closely
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