Among the Hindoos, and also among the Chinese, a husband may divorce his wife upon the slightest grounds, or even without assigning any reason. Some of the rules mentioned by the Abbé Dubois, as laid down in the Padma Purana,' one of the books of highest authority among the Hindoos, show their manner of thinking concerning the conduct of their wives. The reasons for which, according to the Brahmanic law, a man may divorce his wife, may be seen in Colebrooke's Digest of Hindoo Law,' vol. ii., p. 414, &c, 8vo. edit. ; and Kalthoff, Jus Matrimonii veterum Indorum' (Bonn, 1829, 8) p. 76, &c. The laws in the several Grecian states regarding divorce were different, and in some of them men were allowed to put away their wives on slight occasions. The Cretans permitted it to any man who was afraid of having too great a number of children. The Athenians allowed it upon small grounds, but not without giving a bill containing the reasons for the divorce, to be approved (if the party divorced made an appeal) by the chief archon. The Spartans seldom divorced their wives; indeed the ephori fined Lysander for repudiating his wife. Ariston (Herod. vi. 63) put away his second wife, but it seems to have been done rather to have a son, for his wife was barren, than according to the custom of the country. Anaxandrides (Herod. v. 39) was strongly urged by the ephori to divorce his barren wife, and on his not consenting, the matter was compounded by his taking another wife thus he had two at once, which Herodotus observes was contrary to Spartan usage.

By the laws of the early Romans, the husband alone was permitted to dissolve the marriage, but not without just cause, and a groundless divorce was punished by the forfeiture of the husband's effects, onehalf of which went to the wife. Adultery, drunkenness, or counterfeiting the husband's keys, were considered good causes of divorce. (Dion. ‘Hal.,' ii. 25; Gellius,' iv. 3; Plutarch, Vit. Rom. et Num.') For about 500 years after the foundation of the city there was no instance of this right being exercised by the husband; but afterwards divorces became very frequent, not only for sufficient reasons, but on frivolous pretexts, and the same liberty was enjoyed by the women as by the men.

The maxim of the civil law was, that matrimony ought to be free, and either party might renounce the marriage union at pleasure. It was termed divortium sine causa, or sine ulla quereld, that is, divorce without cause, or without question; and the principle, bond gratia matrimonium dissolvitur, matrimony is dissolved at pleasure, is solemnly laid down in the pandects. The abuse of divorce prevailed in the most polished ages of the Roman republic, though as has been said, it was unknown in its early history. Voluntary divorces were abolished by one of the novels of Justinian, but they were afterwards revived by another novel of the Emperor Justin. In the novel restoring the unlimited freedom of divorce the reasons for it are assigned; and while it was admitted that nothing ought to be held so sacred in civil society as marriage, it was declared that the hatred, misery, and crimes, which often flowed from indissoluble connections, required as a necessary remedy the restoration of the old law by which marriage was dissolved by mutual will and consent. This practice of divorce is understood to have continued in the Byzantine or eastern empire till the 9th or 10th century, and until it was finally subdued by the influence of Christianity.

On a divorce for infidelity, the wife forfeited her dowry; but if the divorce was not made for any fault of hers, her whole dowry was restored, sometimes all at once, but usually by three different payments. In some instances, however, where there was no infidelity on the part of the wife, only part was restored. On the Roman divorce and dowry, see 'Dig.,' xxiv., tit. 2, 3.

Among the ancient Britons, it may be collected from the laws of Howel the Good, that the husband and wife might agree to dissolve the marriage at any time, in which case, if the separation took place during the first seven years of the marriage, a certain specified distribution of the property was made, but after that period the division was equal. No limit was set to the husband's discretion in divorcing his wife, but the wife could only divorce her husband in case he should be leprous, have bad breath, or be impotent, in which cases she might leave him and obtain all her property. The parties were at liberty to contract a fresh marriage; but if a man repented of having divorced his wife, although she had married another man, yet if he could overtake her before the consummation of the marriage, or, as the law expresses it, "with one foot in the bed of her second husband, and the other outside," he might have his wife again.

Adultery was punishable by fine.

The laws of Scotland relating to divorce differ widely from those existing in England: there, a divorce à vinculo matrimonii is a civil remedy, and may be obtained for adultery (but the guilty parties cannot intermarry), or for wilful desertion by either party, persisted in for four years, though to this a good ground of separation is a defence. But recrimination is no bar to a divorce as it is in England.

In the Dutch law there are but two causes of divorce à vinculo matrimonii,-namely, adultery and desertion.

In Spain the saine causes affect the validity of a marriage as in England, and the contract is indissoluble by the civil courts, matrimonial causes being exclusively of ecclesiastical cognisance. (Instit. Laws of Spain.')

The law of France, before the Revolution of 1792, following the judgment of the Roman Catholic Church, held marriage to be indissoluble; but the legislators of the early revolutionary period permitted divorce at the pleasure of the parties, even where incompatibility of temper alone was alleged. This, however, led to a great abuse of the privilege. The Code Napoleon accordingly restricted the liberty, but still allowed either party to demand a divorce on the ground of adultery committed by the other; for outrageous conduct, or ill usage; on account of condemnation to an infamous punishment; or by mutual consent, provided it was formally declared by both that their life was insupporta le. By the same code, a woman could not contract a new marriage until the expiration of ten months from the dissolution of the preceding. Adultery is now treated in France as a criminal offence.

It must be borne in mind, however, that the Roman Church, for the purpose of increasing its revenue, has at all times claimed the right to dissolve marriage by dispensation; and therefore this power of divorce still exists in France, and all Roman Catholic countries, independent of the law of the land.

In the United States, marriage, though it may be celebrated before clergymen as well as civil magistrates, is considered as a civil contract. The causes of divorce, and the power of obtaining it, are by no means the same in the several states. Nullity of marriage is decreed on the ground of a former marriage, physical incapacity, consanguinity, or fraudulent contract, by the Connecticut law; and by the New York code, idiotcy and insanity, and either party being under the age of consent. Adultery is a cause of divorce à vinculo matrimonii; and the laws of some of the states prohibit the guilty party from marrying again. If the husband or wife is absent seven years, or, by the laws of some states, three years, and not heard from, the other is at liberty to marry again; and in some states, if the husband desert the wife, and make no provision for her support during three years, being able to make such provision, the wife can obtain a divorce. Extreme cruelty in either party is also generally a cause of divorce à vinculo matrimoni. In many of the states, applications to the legislature for divorce, in cases not provided for by the statutes, are very frequent. In New York and New Jersey, divorce is a subject of Chancery jurisdiction, from which, as in other cases, questions of law may be referred to a jury for trial. In New Hampshire, joining the religious society of Shakers, who hold cohabitation unlawful, and continuing in that society for three years, is sufficient cause for a divorce. But in most of the states, the courts of law have cognisance of divorce. The laws prescribe the provision to be made for the wife in case of divorce, confiding to the courts, however, some degree of discretion in fixing the amount of alimony.

It will thus be seen that the law regulating divorce is by no means uniform throughout the United States, and ofttimes embarrassing questions arise when a marriage is had in one State, and a divorce in another. See Bishop on Marriage and Divorce; and Story's Conflict of Laws; and Kent's Comm.; Ency. Americ. Upon the general advantages of indissolubility, as opposed to an unlimited right of divorce, see Hume's Essay on Poly amy and Divorce; Paley's Moral Philosophy; and the judgment of Lord Stowell in Evans v. Evans, 1 Hagg. Consy. Repts., 48; Milton's treatise on divorce; and Gibbon, Dec. and Full, DIWÂN. [DIVAN.]

c. 44.

DO, in music, the name given by the Italians and the English to the first of the syllables used in solmization, or solfaing, and answering to the ut of the French.

DOCK. An enclosure from a water surface resorted to by shipping, in which the latter can lie in safety from the various accidents attached to rivers or arms of the sea in their natural state, or in which the operations of loading and unloading can be performed without being interfered with by the variations of the water level. Of late years, however, the generic term "dock" seems to have been more particularly applied to the enclosures which are surrounded by bonding warehouses, whilst the simpler enclosures of this description which are not so surrounded are distinguished as basins." The enclosures specially appropriated to the repairs of ships, " in the dry," are known by the name of " dry docks," or "graving docks."

66

The construction of docks, with the express intention of maintaining the water in them at such a level as to keep the ships constantly afloat, is of comparatively very recent date: for the Mediterranean, upon which nearly all the commerce of the ancient world was carried on, presents very little difference of level at the various times of the tides; and indeed the class of vessels employed in trade by the ancients was not of such a size or so constructed as to render it indispensable that they should always be kept afloat. About the beginning of the last century the size of merchant vessels began to increase; and it was then found that, especially in such ports as Liverpool, they were exposed to receive serious injury from the periodical" beaching" they were compelled to undergo, in consequence of the fall of the tides and the shallowness of the water near the shore.

Under such circumstances, therefore, the port authorities of the districts alluded to directed their attention to the creation of closed basins wherein the vessels might ride in safety; and it was at Liverpool that the first recorded great works of this description were executed, by the formation in the year 1710 of the dock at present known by the name of the Old Dock, and of the St. George's Dock, in 1762. The system thus inaugurated was found to be so advantageous that it was followed rapidly by other commercial towns, but it was not until the commencement of the present century that the metropolis of England followed the example; when, however, it did so, the great improvement of surrounding the basins with bonded warehouses was likewise introduced, and the complete modern system of docks was, for perhaps the first time, applied in the West India and the London Docks, respectively opened in 1802 and 1805. Nearly all the best modern docks have been constructed upon this system, and it has even been copied in foreign countries; for the Entrepôt Dock of the port of Havre, and the new docks of Marseille, are built with all the accessories to be found in the London establishments of this nature. Leaving out of account for the present the docks exclusively devoted to one particular class of traffic, such as the coal docks of the North of England and of Wales, it may suffice to say that in tidal rivers, where the variations in the height of the water are great, it is desirable to form, immediately behind the exit or the entrance lock gates a half-tide basin wherein vessels of small draught may lie until the level of the water on the outside shall rise to such a height as to allow of their movements being carried on. The entrance to the dock basin itself should be placed at the upper end of the half-tide basin; and it is desirable that all the locks should have double gates, pointing respectively up and down stream. If, in consequence of the Customs regulations of the country, it should be necessary to form import and export docks, it would also be desirable to place the gates leading to and from them at the upper end of the half-tide basin, which in such cases must be made wide enough to allow the various movements of the vessels to take place without their being crowded; and, as a general rule, it may be said that the import dock should be situated on the left and the export dock on the right-hand side. The basins, in such cases as supposed, should communicate at their upper ends only; and the vessels should, after being unloaded, be warped through the lock or communication channel to the berth where it is to take in its cargo. Notwithstanding some practical defects in its details, the plan of the West India Docks, as originally designed by the late Mr. J. Rennie, was one of the most logical of any which has been hitherto suggested that is to say, for ports where the Customs regulations are rather vexatious-and as such it is here introduced.

If these leading principles are carefully borne in mind, the details of execution of a dock may be modified to suit local circumstances, and in such cases as Bristol, Ipswich, &c., the formation of these marvellous facilities to commerce may be made conducive to the improvement of the navigation itself. In both the cases mentioned, old branches of the rivers were operated upon, in which the stream naturally followed very tortuous courses, and thus lost a portion of its power of transmitting the tidal wave to the interior; by cutting new and straight courses for the streams, and by converting the old channels into closed basins, not only was a considerable area of water surface made available for the purposes of trade, but the "regimes" of the rivers were rendered more stable and better fitted for traffic purposes. There is a further advantage attending such a conversion of the bends of rivers, namely, that generally speaking in such cases it is possible to make locks at both ends of the chord of the arc formed respectively by the new cut and by the enclosed water surface; but it is impossible to lay down any invariable rule in a matter which must admit of so many modifications in consequence of the physical and commercial conditions of the places under consideration.

The only invariable laws with respect to the formation of docks appear to be that, 1st, the area of water surface should be as small as possible in proportion to the development of the quay walls. 2nd, If a simple parallelogram be the form adopted the width may be calcu

lated upon the principle that, at the maximum, three tiers of ships might lie alongside the quays on either side, and that there should be a sufficient space between the outer tiers to allow a vessel to swing round the widths and lengths which form the basis of this calculation would of course depend on the class of vessels frequenting the harbour or river. 3rd, The whole of the basins and of the warehouses, courts, yards, quays, &c., should be securely enclosed, both for the purposes of the fiscal relations of the port and for the protection of the merchandise there unloaded: it was, indeed, principally on account of the robberies committed on the Thames and in the warehouses alongside the river that the docks of London were originally proposed. 4th, The depth of water in the floating basin must be such as to allow the vessels to float at all times of the tides; in many cases, as at Havre, for instance, the necessity for observing this precaution has rendered it indispensable to sink the bottom of the basins considerably below the level of the bed of the sea in the outer harbour. It is desirable also, in order to avoid inconvenience from rapid silting up of the basins, to allow originally a depth rather in excess of that which is theoretically required. 5th, If the docks should be constructed in such positions as to allow vessels to sail directly into them, they must have an outer harbour sufficiently long and secure in which the vessels may loose their "way," or the impetus of advance, before they approach the half-tide basin or the inner lock.

The details of the quays, and of the sheds and warehouses, must depend upon the character of the trade at the particular place under consideration, and upon the customs regulations of the country. As a general rule it would, however, appear to be preferable to make, on the immediate edge of the quay, a paved road or gangway, of about 20 feet in width, without any roofing, and to place on this gangway the cranes for unloading or loading. It is found, indeed, that goods arriving from great distances, whether by land or by sea, require that their cases or envelopes should be examined and repaired before the goods are transmitted or shipped. This operation is sometimes known by the phrase coopering, and the open space above recommended, affords facilities for its execution, as well as for the operation known under the name of sampling, and for the examination by the custom house officers. Immediately beyond this open space it is customary to erect a shed of at least 30 or 40 feet clear width, in which goods for immediate delivery may lie for a few days, and in which the export goods may be received, if the regulations of the port should be such as to allow the ship to discharge, and receive, cargo on the same berth. The shed is usually succeeded by a wide road, of from 40 to 60 feet, along which the waggons engaged in the service of the dock can circulate; and beyond this road are the warehouses wherein goods are bonded or stored. These warehouses are usually made from 100 to 120 feet wide, and of from one to six stories in height, each of about 11 feet from floor to underside of beams, according to the description of goods they are intended to receive; for it may be as well here to state that tobacco is usually stored in sheds of only one story; sugar (especially the West Indian sugar) is stored in warehouses of three stories; wool is stored in those which have four stories; teas, silks, drugs, spices, &c., in warehouses of about five or six stories. Naturally, however, the number of stories will depend also to some extent upon the value of the ground, and the price of labour in the particular position; for as a general rule it is not desirable to concentrate too much merchandise of value under one roof. The settlement of these details of construction requires great skill, and an intimate knowledge of commercial affairs, in order to secure both economy of construction and of subsequent working.

It may be added that the area of warehouse floor occupied by the various classes of goods varies from 12 feet superficial per ton, of heavy goods, such as sugar in casks piled in two tiers, and including the necessary passages; to about 50 feet superficial per ton of wool, cotton, &c., also packed in two tiers. Wines and spirits are better kept in cellars than above ground; but wherever they are kept, precautions must be observed to maintain a constant temperature around them, and to prevent accidents by fire. In the London Docks, no artificial lights are allowed to be introduced into the spirit cellars or stores.

Beyond the warehouses thus described, it is desirable to form a roadway, at least 60 feet wide, for the waggons which are to receive the goods cleared for consumption, and for any connection with the general railway system of the country which may be desired. The whole of these roads, warehouses, basins, &c., should be surrounded by a wall of at least 20 feet in height.

The St. Katherine's Dock, and the Albert Dock of Liverpool, have been constructed upon principles rather different from those described above, for the warehouses are carried up perpendicularly from the edges of the quays, without any intermediate sheds and roads. This modification was rendered necessary, in the case of St. Katherine's Dock especially, by the extraordinary value of the land on which it was built; but unquestionably the manipulation of the merchandise, under these circumstances, is carried on at a greatly enhanced cost, and with great confusion. In the St. Katherine's Dock there are in some of the warehouses also seven stories (counting the entresol as one); but it is worthy of remark, that merchants have so great an objection to the use of the upper story that practically it is of no value. A very important condition to be observed in the construction of dock ware

very different arrangements are required from those above described. As the ordinary baulk, fir timber, is supposed to improve by being kept for a certain time afloat, the water surface of timber docks must be made greater than usual, in order to allow the timber to be rafted. The deals and planks require a considerable area for piling, but they do not require any sheds; and the ordinary manner of unloading them, namely, through ports in the bows of the ship, renders necessary a trifling modification in the form of the quay walls. Mahogany and fine furniture woods, however, require to be stacked under sheds, and those of the West India Docks may be cited as models for this class of structure: they contain a series of moveable cranes, erected by the late Mr. J. Rennie, which might even now serve as valuable lessons to engineers and machinists.

It must be distinctly understood that the remarks above made upon the practical details of dock construction, are made with reference only to the circumstances of the day (1859); and it may be interesting to call attention to some of the circumstances which have already modified to a serious extent the technical laws affecting these matters. Thus, the West India and the London Docks were originally built at a time when the existence of a state of war rendered it necessary for merchant vessels to sail in convoys, and they frequently arrived in the Thames, under those circumstances, in great numbers. It was therefore necessary to make the water surface of the docks larger, in proportion to the development of quay front, than would have been necessary in time of peace, in order to be able to receive at once the whole fleets of a season. On the declaration of peace, it was found that the basins were too wide, and in some cases temporary jetties were run into them to increase the berth room; but upon the inauguration of Sir R. Peel's free-trade policy, the great water surface of these docks assumed a fresh value, from the fact that vessels laden with corn, rice, and other grains admitted free of duty, were obliged to unload into barges in dock, because the swell of the steamers in the open stream damaged the cargo. Under all these ever-varying circumstances, it would seem, nevertheless, that the most rational dimensions for parallel basins intended to receive ordinary sailing ships are, that the width should be made about from 500 to 600 feet, and the length about three or four or even six times the width.

The entrance locks of the docks at London vary in width, according to the traffic they are specially designed to accommodate, from 40 feet, to as much as 90 feet in the case of the new Victoria Docks. For ordinary shipping purposes a width of 48 feet, and a constant depth of water of 23 feet over the cills will suffice, and the enormous width of the Victoria Docks can only be required for the reception of sea-going paddle-wheel steamers. The clear length between the points of the gates likewise varies between 100 and 300 feet; but the length of the entrance to the East India Dock, 210 feet, seems to afford a very fair average. As to the quay walls, they may be built either with a curvilinear batter, in the style usually adopted by English engineers, or with a straight batter, as upon the continent; in both cases the versed

sine is ascertained by making the average inclination equal to one in eight. The various communication bridges should be made to open in such a way as to interfere as little as possible with the rigging of the ships moving in the docks; and for this reason turning bridges are preferable to lifting bridges, or to those which are called bascule bridges. These remarks about the interference with the rigging will of course apply throughout the whole details of dock construction; and, indeed, the injury which is often done to the masts and yards of vessels lying in the St. Katherine's Dock, is one of the most serious objections to the system of erecting the warehouses on the edge of the quays.

The quay walls must be protected by means of fender piles to prevent the ships from injuring the masonry as they rise and fall. A very solid heavy coping must be placed on the walls; bollards, or mooring posts, should be fixed at about every 50 feet apart; and a crane of about 5 tons power, and a water-cock or hydrant, placed at distances of 200 feet apart. It would be advisable, especially in a long dock, to make occasional provision for a ladder or staircase to the water's edge, in order to allow communication by boats between one side of the dock and another. In docks where repairs of ships are habitually executed, it may be necessary to devote a portion of the water and of the quay surface to this purpose, and to provide shearlegs, masting-tackle, gridirons or caulking-lumps, with the necessary furnaces for melting pitch and tar. Under all circumstances these latter furnaces must be kept at a considerable distance from the vessels in dock, and it is impossible to attach too much importance to the precautions to be observed for the prevention or for the extinction of fires. In the most recently-constructed docks for the reception of the coal traffic, the hydraulic lift has been largely employed; and, indeed, it has likewise been introduced in the working of the goods warehouses, both of the London and of the Liverpool docks.

Vessels entering docks, of course, do so under the direction of the dock-master. There is at the entrances of the London Docks a clear space left in the river (with a radius of 200 yards), where the companies place dolphins, or hauling buoys, to facilitate the manoeuvres of the vessels about to enter. A red flag is hoisted at the pier head when it is time for the vessels to prepare to come in, and a blue flag is hoisted to show that the passage is free. Directly the ebb begins to make strongly, the blue flag is struck: when this is done, no vessel is allowed to enter until the next tide without a special order; vessels coming in have the precedence over those going out. All the manoeuvres attending the entrances of the ships are performed by their own crews; and the captains are bound to see that the anchors are ataught, the boats on deck, the bowsprits run in, the yards set up and down, and generally that every precaution is taken to occupy as little space as possible. The regulations with respect to fires, and the working of the ships in dock, vary in every port; but, as a principle, it is admitted, that if goods are to be warehoused, none but the workmen employed by the dock authorities are allowed to touch them, under the inspection of the Custom-House officers and of the captains of the ships. In the case of

goods discharged at once in lighters, over side, the dock authorities supply the necessary labour to the captains at a fixed tariff; but this operation is carried on entirely at the risk of the merchandise, and it must be performed with the rapidity required by the dock authorities. The rates usually charged for the use of docks are: 1. The landing rate, which includes the quay rate, the unloading and entry into the stores, or the stowage on the quay, and the loading upon carts if the goods are removed immediately from the Customs scales. 2. The consolidated rate, which includes the quay rate, the entry into stores, the examination and repair of casks and packages, the sampling, the weighing on delivery, the certificates of damage, and rent for three weeks from the day of breaking bulk. 3. The management rate, which is supposed to cover the expenses of showing the goods to purchasers, and of preparing them for sale. 4. The rent, payable by weeks, or by fractions of weeks. From observations made upon the application of the rates of the various London companies, it would seem that they are not very logically arranged, and that the rent, especially, does not cover the expenses connected with it. Generally speaking, however, it may be said that the working expenses of the London docks are equal to about 60 per cent. of their gross receipts, and that they pay, one with another, about 44 per cent. on the capital invested in them. It must, however, be here observed, that the trade connected with steam-boats does not pay the dock companies more than 2 per cent. profit under the ordinary tariffs, and that graving-docks never yield much more than 2 per

cent. on their outlay. The price of the Liverpool Docks was said to have ranged between 24,000l. and 36,000l. per acre of land inclosed; and in that port it is by no means rare to work as many as from 25,000 to 28,000 tons per acre of water surface per annum, while the proportion in London is only from 5000 to 6000 tons per acre. As an approximate rule, the floor surface of the warehouses may be calculated at the rate of 10 feet superficial for every ton in store; but, as was said before, no invariable rule can be applied in this case. Goods generally remain in warehouse for about three months; but the lighter and more valuable goods remain there the longest.

On account of the great security of the warehouses of the larger and wealthy dock companies, it has been possible to introduce a very important facility for commercial operations by the creation of a class of securities known as dock warrants. These are, in fact, acknowledgments on the part of the company that they hold and are responsible for certain quantities of goods specified on the warrant, which is then transmissible by endorsement, and the goods are deliverable to the last holder, unless notice to the contrary should have been legally given. [DOCK WARRANT.]

The system of business adopted at Liverpool is rather different from that of London, even when, as in the Albert Docks, the basins are surrounded by bonding-warehouses; for, as a general rule, the commerce of the former town is carried on by means of basins, and of private warehouses in the upper part of the town. In the new Victoria Docks

also, some modifications of a rather doubtful value have been introduced, which may be understood by reference to the accompanying cut. Almost every important port in England can now boast of its docks, and the details of them are so necessarily modified by local circumstances that it would be impossible to discuss them in a general article.

DOCK-WARRANTS, are orders by the owner of goods which are lying at a wharf or in a warehouse, upon the wharfinger or warehouseman, to deliver up the goods, or a named portion of them, to the person or persons in whose favour the orders are made. Then if the owner wishes to sell the goods, or portion of them, he may, by handing the dock-warrant to the buyer, made out in his favour, transfer to him the right of obtaining the goods from the wharfinger or warehouseman; so

the buyer, by endorsing to a sub-buyer, may transfer to him, and so on; but not so as to be enabled, without something more takes place, to bring an action against the wharfinger, &c., in case of refusal by him to deliver according to the warrant. These warrants, or delivery orders (as they are sometimes called), have the quality of securities, for they represent the goods themselves; and the warehouseman, accepting the order, and not refusing compliance on the ground that he holds the goods subject to an unsatisfied lien of his own against the original owner, or otherwise declining the order, becomes the agent of the buyer, and the buyer holding this order or warrant has the same right to go into the market and sell as if he had the goods in his pocket. Exceptions to, or modifications of, the rule may occur in cases of bankruptcy, insolvency, or when anything remains to be done with the

order.

goods before they are in such a state as to identity and quantity as the buyer bargained to have them delivered in; but the above is the general rule. In general, also, the right of lien which the seller has against the buyer is not made away with by giving a dock-warrant or deliveryThe wharfinger or warehouseman is liable to an action if he refuses to comply with the dock-warrant or delivery-order and hand over the goods, provided he has signified his acquiescence in the order when it was first presented to him, or have accepted rent, &c, or done any other act so as to have assumed the character of wharfinger to the person suing. Various statutes have been passed for the better protection of persons making advances of money on goods, &c., on the security of documents of title of this kind, the last of which is the 5 & 6 Vict. c. 39; and see 12 & 13 Vict. c. 106, s. 179.

teach it.

DOCTOR, one who has taken the highest degree in the faculties of Divinity, Law, Physic, or Music. In its original import it means a person so skilled in his particular art or science as to be qualified to There is much difference of opinion as to the time when the title of Doctor was first created. It seems to have been established for the professors of the Roman law in the University of Bologna, about the middle of the 12th century. Antony à Wood says, that the title of Doctor in Divinity began at Paris, after Peter Lombard had compiled his Sentences, about the year 1151. (Hist. and Antiq. Univ. of Oxford, 4to. Oxf. 1792, vol. i. p. 62.) Previously, those who had proceeded in the faculties had been termed Masters only. The title of Doctor was not adopted in the English Universities earlier than the time of John or Henry III.

In Oxford the time requisite for the Doctor of Divinity's degree is eleven years from the time of matriculation, or four years from the time of proceeding B.A. Doctors of Civil Law, four years after proceeding through Arts, or if intending to practise in the Ecclesiastical Courts; if not, five years from the date of admission as B.C.L. For the degree of M.D., three years must intervene from the time of the candidate's having taken his Bachelor of Medicine's degree. For a Doctor's degree in Divinity or Law three distinct lectures are to be read in the schools, upon three different days: but by a dispensation, first obtained in convocation or congregation, all three are permitted to be read upon the same day; so that by dispensation a single day is sufficient in point of time for these exercises. For a Doctor's degree in Medicine, a dissertation upon some subject, to be approved by the Professor of Medicine, must be publicly recited in the schools, and a copy of it afterwards delivered to the Professor. The University fee on admission is 407.

In Cambridge a Doctor of Divinity must be a Bachelor of Divinity of five, or a M.A. of twelve years' standing. The requisite exercises are one act, two opponencies, a Latin sermon, an English sermon, and a determination. A Doctor of Laws must be a Bachelor of Laws of five years' standing. His exercises are two acts and one opponency. Doctors of Medicine must be Bachelors of Medicine of five years' standing, or a M.A. of seven years' standing. The exercises are two acts and one opponency. For the degree of D.D., the total fees are 51.; for LL.D., 25l. 10s.; for M.D., 15l. 108. For a Doctor's degree in music, in both Universities, the exercise required is the composition and performance of a solemn piece of music, to be approved by the Professor of the Faculty. (Oxf. and Camb. Calendars,' for 1859.) Coloured engravings of the dresses worn by the doctors of the several faculties of Oxford and Cambridge will be found in Ackermann's History of the Univ. of Oxford,' 4to, 1814, vol. ii. p. 259, et seq.; and in his' History of the Univ. of Cambridge,' 4to, 1815, vol. ii. p. 312, et seq.

DOCTORS' COMMONS, the College of Civilians in London, near St. Paul's Churchyard, founded by Dr. Harvey, Dean of the Arches, for the professors of the civil law. The official residences of the judge of the Arches' Court of Canterbury, of the judge of the Admiralty, and the judge of the Prerogative Court of Canterbury while it existed, were situated there; and it was the residence of the doctors of the civil law practising in London, who live there (for diet and lodging) in a collegiate manner, and common together. Doctors' Commons was burnt down in the fire of London, and rebuilt at the charge of the profession, whose modern representatives have been authorised to sell the property. [ARCHES, COURT OF.]

DODE'CAGON, a figure of twelve sides; a term generally applied to an equiangular and equilateral (or regular) dodecagon. [REGULAR POLYGON.]

DODECAHEDRON. [SOLIDS, REGULAR.] DOEGLIC ACID (CHO,). An oleaginous acid, extracted from the oil of a species of sperm whale, Balana rostrata (Danish Dögling). It solidifies at 62° Fahr.

DOGE was the title of the first magistrate of the republic of Venice. The first settlers on the islands of the lagune were governed by magistrates sent from Padua. After Padua was devastated by the Huns and other barbarians, A.D. 452-60, the colonists of the lagune being left to themselves, each island elected a magistrate called tribune. An annual selection was made of seven from among these tribunes, who constituted the government of the whole community. A council of forty

persons chosen by the general assembly of the people had the legis lative and judicial powers. As population and wealth increased, and the community was threatened by hostile neighbours, it was found necessary to concentrate and strengthen the executive, and a chief magistrate for life was elected by the assembly of the people, and was called doge, a corruption of dux, as he was also general of the armed force. The first doge, Paolo Luca Anafesti, was elected in 697. The third doge in succession, Orso Ippato, elected in 724, made war against the Longobards, and took Ravenna, which he restored to the Byzantine emperor, who, as a reward for this service, granted to the republic a tract on the coast of the mainland as far south as the Adige. This first continental possession of Venice, being afterwards enlarged, was called Dogado. The successes of Orso inspired the people with jealousy, and he was assassinated in 737. The office of doge was at the same time abrogated, and an annual magistrate was substituted; but the fifth of these was imprisoned on some charge, and his eyes were put out, after which the people again elected a doge for life in 742. From that time till 1172 about forty doges ruled in succession, nearly one half of whom died a violent death, or were deposed, exiled, or had their eyes put out, sometimes by regular trial before the council of forty, and sometimes by popular insurrection. The Quarantia, or Council of Forty, which exercised the government during the interregna, assumed by degrees the power of electing a doge, in order to put a stop to the frequently recurring tumult and anarchy; the choice, however, was subject to confirmation by the assembly of the people. The first dege thus elected was Sebastiano Ziani, in 1173, and the Forty made him swear to a new constitution, or fundamental law, by which, instead of the general assembly of the people, the sovereign power was vested in a great council of 480 citizens, elected for one year, but capable of indefinite re-election. These were chosen by twelve tribunes, two for each sestiere, or district, of the city of Venice alone, who were themselves appointed by the inhabitants of their respective districts, the other islands and territories of the republic having no part in the elections; each tribune naming forty members. The Great Council was to appoint six individuals who were to be the doge's counsellors, without whose concurrence no act of the doge should be valid. This council was afterwards called " la Signoria." In important cases the doge was to consult with another council of sixty members, called Pregadi, or "requested," taken also from the Great Council. The citizens of Venice, weary of tumult, and being secured in the exclusive right of furnishing the members of the Great or Sovereign Council, seem to have willingly acquiesced in these constitutional changes, and a distribution of golden pieces made by the new doge served to gratify the populace. About a century after, another organic change took place. Pietro Gradenigo being elected doge in 1259, by the influence of the old or aristocratic families, proposed a law which passed the Great Council in 1298 after much opposition and delay, that no one should in future be eligible to sit in that assembly except those who then had a seat in it, or whose fathers, grandfathers, and great-grandfathers, had been members of it. The number of the members of the Great Council was no longer limited to 480. Lastly, in 1319, a new law passed the Great Council, by which that assembly declared itself permanent and hereditary, all the members who were then sitting in it (about 600 in number) remaining for life in possession of their seats, their sons who were above twenty-five years of age being likewise admitted, and their descendants after them, to the exclusion of all other families. This decree, known in history as "la serrata del maggior consiglio," established an hereditary and exclusive aristocracy at Venice, which lasted till the end of that republic. The celebrated Council of Ten was also then appointed, which, though at first only named for two months, gradually appropriated all the power of the state. confirmation of the doge by the people was henceforth dispensed with. The doge himself became merely a state pageant, the servant of the councils, which had the power of trying and deposing him, and even sentencing him to death. They took away from him the command of the military and naval forces, his children were excluded from every office of state, and he had no patronage except the prebendal stalls of the cathedral of St. Mark. The doge was president by right of all the councils, with a double, or casting vote. He was simply addressed by the title of Messer Doge. (Memori Venete' di Giovanni Gallicioli, Venice, 1826; Daru, Histoire de Venise,' books 6 and 39.)

The

The doges at Genoa were at first magistrates for life [BOCCANERA, in BroG. Div.], as at Venice, but the frequent contentions and civil factions among the aspirants to that dignity induced Andrea Doria, in his reform of 1528, to make the office of doge to last only two years. [DORIA, in Brog. Div.]

DOGMA (dóyua), a word borrowed from the Greek, means an established principle, a fundamental article of belief derived from undisputed authority, and is generally applied to the essential doctrines of Christianity which are drawn from the Scriptures, or from the authority of the Fathers. Hence that branch of divinity called dogmatic theology is an exposition and assertion of the various articles of the Christian faith as founded upon authority acknowledged by Christians in general, and is distinguished from scholastic theology, which assumes to estab lish the truth of the Christian doctrines by argument. John Damascenus was one of the first who wrote an exposition of Christian dogmatics. [DAMASCENUS, in BIOG. DIV.] But although the authority of the Scriptures and of the early fathers is acknowledged by all Christians,