Page:Notes and Queries - Series 9 - Volume 12.djvu/220

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NOTES AND QUERIES. [9 th s. xn. SEPT. 12, 1901

other than the flat of which they are proprietors. Such buildings have long been technically known in Scotland as 'lands' or 'tenements of lands,' and the use of the phrase ' common interest ' now applies exclusively to the law of the tenement."

Lord Stair, in his 'Institutions of the Law of Scotland/ which were published at the end of the seventeenth century, says (ii. 7, 6) :

"When divers owners have parts of the same tenement, it cannot be said to be a perfect division, because the roof remaineth roof to both, and the ground supporteth both; and therefore, by the nature of communion, there are mutual obligations upon both, viz., that the owner of the lower tene- ment must uphold his tenement as a foundation to the upper, and the owner of the upper tenement must uphold his tenement as a roof and cover to the lower ; both which, though they have the resemblance of servitudes, and pass with the thing to singular successors, yet they are rather personal obligations, such as pass in communion even to the singular successors of either party."

From the seventeenth century to the present day many disputes between owners of "flats" are reported in the Scottish legal decisions.

Mr. Henry Grey Graham, in his interesting work 'The Social Life of Scotland in the Eighteenth Century/ thus describes the Edin- burgh "flats " during the period of which he writes :

" In the flats of the lofty houses in wynds or facing the High Street the' populace dwelt, who reached their various lodgings by the steep and narrow 'scale' staircases, which were really up- right streets. On the same building lived families of all grades and classes, each in its flat in the same stair the sweep and caddie in the cellars, poor- mechanics in the garrets, while in the intermediate stories might live a noble, a lord of session, a doctor, a city minister, a dowager countess, or a writer; higher up, over their heads, lived shopkeepers, dancing masters, or clerks/' 1-vol. edition, 1901 p. 85.

Great changes have taken place since the eighteenth century. Flats in Scotland are now generally occupied by the middle and lower classes only, and they vary in size from the one-room dwelling to houses of six or more apartments. There may be two, three, four, or even more dwellings on a single flat, depending entirely on the district in which the building is situated. There are a few double -flats with two floors, the one above the other. Many flats are so well appointed and so fully supplied with modern conve- niences that some people prefer them to villas.

In September, 1881, at the Criterion Theatre London, I witnessed the performance of a comedy entitled 'Flats.' From this it would appear that twenty-two years ago flats had n t been in existence very long in London, and that they were becoming more popular. The play was an amusing one, but many of

the incidents, intended as they were to hit off the supposed inconvenience of living in flats, would have "fallen flat" with a Scottish audience. J. A.

Edinburgh.

PREMIER PRUDENT, A FRENCH OFFICE (9 th S. xii. 69). Of course I speak with bated breath as a humble student of the French language, but sometimes a suggestion is use- ful. Is not the word " prudent " here intended simply for " president " ? or, if not, may it not be intended for " prud'homme " 1 With regard to the latter word, here are a few sentences from my dictionary (1750) :

"Prud'homme, en termes de Pratique, se dit des Experts qu'on nomme en Justice pour visiter et estimer des choses sur lesquelles on est en contesta- tion."

"Prud'homme, se dit aussi de certains Artisans jure"s et nommes pour visiter des marchandises."

" Prud'homme. Terme en usage dans la Marine. L'Ordonnance de la Marine, L.V. Tit. viii. Des Pecheurs, art. 6, dit : dans les lieux ou il y a des Prud'hommes, les Pecheurs s'assembleront annuelle- ment pour les elire par devant les Officiers de 1'Amiraute, qui recevront le serment de ceux qui seront nommes, et entendront sans frais les comptes

des deniers de leur Communaute A Marseille on

donne ce nom aux Juges des Pecheurs. Us con- noissent de tout ce qui concerne la peche. Us peu- vent condamner sans appel a deux sous d'amende."

I have only been able to trace the word " prudent," used substantively, in the sense of a prudent person. EDWARD LATHAM.

LEWIS (9 th S. xii. 168). The following inscription on a tablet in Soberton Church, co. Hants, gives the desired information :

" Here lies interred the body of Thomas Lewis, Esq., the son of Richard Lewis, Esq., grandson of Sir Edward Lewis, of an ancient family of the Van in Glamorganshire. By his first wife, Anna Maria, daughter and sole heiress of Sir Walter Curl, Lord of this Mannor, he had no issue. By his second, Elizabeth, only daughter of the Rev. Mr. Edward Tumour, Rector of Stapleford Tawney in Essex, married 1709, he had issue only one daughter, Elizabeth, married 1730 to Other, Earl of Plimouth, who dying 1732, and she 1733, left only one'son. Other Lewis, the present Earl of Plimouth. He dyed 22 Nov. 1736 in the 58th year of his age."

Elizabeth, relict of Thomas Lewis, Esq., died 1 October, 1754, aged 82.

ALFRED T. EVERITT.

High Street, Portsmouth.

THACKERAY'S MOUSTACHE (9 th S. xi. 149). In reply to the query put by MR. F. G. KITTON, as to there being any portrait extant done in the year 1855 of W. M. Thackeray, it may be pretty safely said that none exists. I was with the author almost daily whilst he was writing the ' Newcomes/ in the midsummer of that year, in Paris, the last number being