Encyclopaedia Britannica, 11th Edition, "Convention" to "Copyright"
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Title: Encyclopaedia Britannica, 11th Edition, "Convention" to "Copyright"
Author: Various
Release date: April 22, 2010 [eBook #32097]
Most recently updated: January 6, 2021
Language: English
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Transcriber's notes:
(1) Numbers following letters (without space) like C2 were originally
printed in subscript. When letters are subscripted, they are
preceded by an underscore, like C_n.
(2) Characters following a carat (^) were originally printed in
superscript.
(3) Side-notes were relocated to function as titles of their respective
paragraphs.
(4) Letters topped by Macron are represented as [=x].
(5) The following typographical errors have been corrected:
Article CONVEYANCING: "By this ingenious device was the publicity
of feoffment or enrolment avoided, and the lease and release, as
the process was called, remained the usual mode of conveying a
freehold, in possession down to the 19th century." 'possession'
amended from 'posession'.
Article COPPER: "Vessels of several designs are used--some modelled
exactly after steel converters, others barrel-shaped, but all with
side tuyeres elevated about 10 in. above the level of the bottom
lining." 'others' amended from 'other'.
Article COPYRIGHT: "The obsolete copyright of the crown in Lilly's
Latin Grammar was founded on the fact of its having been drawn up
at the king's expense. The universities have a joint right (with
the crown's patentees) of printing acts of parliament."
'parliament' amended from 'parliment'.
Article COPYRIGHT: "No one, it has been said, has a right to take,
whether with or without acknowledgment, a material and substantial
portion of another's work, his arguments, his illustrations, his
authorities, for the purpose of making or improving a rival
publication." 'making' amended from 'makinng'.
ENCYCLOPAEDIA BRITANNICA
A DICTIONARY OF ARTS, SCIENCES, LITERATURE
AND GENERAL INFORMATION
ELEVENTH EDITION
VOLUME VII, SLICE III
Convention to Copyright
Articles in This Slice:
CONVENTION COOPER, THOMAS (1805-1892)
CONVENTION, THE NATIONAL COOPER, THOMAS SIDNEY
CONVERSANO COOPERAGE (system of traffic)
CONVERSION COOPERAGE (making casks & vessels)
CONVEX CO-OPERATION
CONVEYANCE COOPERSTOWN
CONVEYANCING COOPER UNION
CONVEYORS CO-OPTATION
CONVOCATION COORG
CONVOLVULACEAE COORNHERT, DIRCK VOLCKERTSZOON
CONVOY COOT
CONVULSIONS COOTE, SIR EYRE
CONWAY, HENRY SEYMOUR COPAIBA
CONWAY, HUGH COPAL
CONWAY, MONCURE DANIEL COPALITE
CONWAY, SIR WILLIAM MARTIN COPÁN
CONWAY (borough of England) COPARCENARY
CONYBEARE, WILLIAM DANIEL COPE, EDWARD DRINKER
CONYBEARE, WILLIAM JOHN COPE, EDWARD MEREDITH
COODE, SIR JOHN COPE (liturgical vestment)
COOK, ALBERT STANBURROUGH COPELAND, HENRY
COOK, EDWARD DUTTON COPENHAGEN
COOK, ELIZA COPERNICUS, NICOLAUS
COOK, JAMES COPIAPÓ
COOK, THOMAS COPING
COOK ISLANDS COPLAND, ROBERT
COOKE, GEORGE FREDERICK COPLESTON, EDWARD
COOKE, JAY COPLEY, JOHN SINGLETON
COOKE, ROSE TERRY COPPÉE, FRANÇOIS ÉDOUARD JOACHIM
COOKERY COPPÉE, HENRY
COOKSTOWN COPPER
COOKTOWN COPPERAS
COOKWORTHY, WILLIAM COPPER-GLANCE
COOLGARDIE COPPERHEADS
COOLIE COPPERMINE
COOMA COPPER-PYRITES
COOPER, ABRAHAM COPPICE
COOPER, ALEXANDER COPRA
COOPER, SIR ASTLEY PASTON COPROLITES
COOPER, CHARLES HENRY COPTOS
COOPER, JAMES FENIMORE COPTS
COOPER, PETER COPYHOLD
COOPER, SAMUEL COPYING MACHINES
COOPER, THOMAS (1517-1594) COPYRIGHT
COOPER, THOMAS (1759-1840)
CONVENTION (Lat. _conventio_, an assembly or agreement, from
_convenire_, to come together), a meeting or assembly; an agreement
between parties; a general agreement on which is based some custom,
institution, rule of behaviour or taste, or canon of art; hence extended
to the abuse of such an agreement, whereby the rules based upon it
become lifeless and artificial. The word is of some interest
historically and politically. It is used of an assembly of the
representatives of a nation, state or party, and is particularly
contrasted with the formal meetings of a legislature. It is thus applied
to those parliaments in English history which, owing to the abeyance of
the crown, have assembled without the formal summons of the sovereign;
in 1660 a convention parliament restored Charles II. to the throne, and
in 1689 the Houses of Commons and Lords were summoned informally to a
convention by William, prince of Orange, as were the Estates of
Scotland, and declared the throne abdicated by James II. and settled the
disposition of the realm. Similarly, the assembly which ruled France
from September 1792 to October 1795 was known as the National Convention
(see below); the statutory assembly of delegates which framed the
constitution of the United States of America in 1787 was called the
Constitutional Convention; and the various American state constitutions
have been drafted and sometimes revised by constitutional conventions.
In the party system of the United States the nomination of party
candidates for office or election is in the hands of delegates, chosen
by the primaries, meeting in the convention of the party; the convention
system is universal, from the national conventions of the Republican and
Democratic parties, which nominate the candidates for the presidency and
vice-presidency, down to a ward convention, which nominates the
candidate for a town-councillorship. In diplomacy, "convention" is a
general name given to international agreements other than treaties, but
not necessarily differing either in form or subject-matter from a
treaty, and sometimes used quite widely of all forms of such agreements.
Many conventions have been made for the formation of international
"unions" to regulate and protect various economic, industrial and other
non-political interests, such as postal and telegraphic services,
trade-marks, patents, copyright, quarantine, &c. Thus the Latin Monetary
Union was created in 1865 by the Convention of Paris, and the abolition
of bounties on the production and exportation of sugar by the Convention
of Brussels in 1902 (see TREATIES).
CONVENTION, THE NATIONAL, in France, the constitutional and legislative
assembly which sat from the 20th of September 1792 to the 26th of
October 1795 (the 4th of Brumaire of the year IV.). On the 10th of
August 1792, when the populace of Paris stormed the Tuileries and
demanded the abolition of the monarchy, the Legislative Assembly decreed
the provisional suspension of the king and the convocation of a national
convention which should draw up a constitution. At the same time it was
decided that the deputies to that convention should be elected by all
Frenchmen 25 years old, domiciled for a year and living by the product
of their labour. The National Convention was therefore the first French
assembly elected by universal suffrage, without distinctions of class.
The age limit of the electors was further lowered to 21, and that of
eligibility was fixed at 25 years.
The first session was held on the 20th of September 1792. The next day
royalty was abolished, and on the 22nd it was decided that all documents
should be henceforth dated from the year I. of the French Republic. The
Convention was destined to last for three years. The country was at war,
and it seemed best to postpone the new constitution until peace should
be concluded. At the same time as the Convention prolonged its powers it
extended them considerably in order to meet the pressing dangers which
menaced the Republic. Though a legislative assembly, it took over the
executive power, entrusting it to its own members. This "confusion of
powers," which was contrary to the philosophical theories--those of
Montesquieu especially--which had inspired the Revolution at first, was
one of the essential characteristics of the Convention. The series of
exceptional measures by which that confusion of powers was created
constitutes the "Revolutionary government" in the strict sense of the
word, a government which was principally in vigour during the period
called "the Terror." It is thus necessary to distinguish, in the work of
the Convention, the temporary expedients from measures intended to be
permanent.
The Convention held its first session in a hall of the Tuileries, then
it sat in the hall of _Manège_, and finally from the 10th of May 1793 in
that of the _Spectacles_ (or _Machines_), an immense hall in which the
deputies were but loosely scattered. This last hall had tribunes for the
public, which often influenced the debate by interruptions or applause.
The full number of deputies was 749, not counting 33 from the colonies,
of whom only a section arrived in Paris. Besides these, however, the
departments annexed from 1792 to 1795 were allowed to send deputations.
Many of the original deputies died or were exiled during the Convention,
but not all their places were filled by _suppléants_. Some of those
proscribed during the Terror returned after the 9th of Thermidor.
Finally, many members were sent away either to the departments or to the
armies, on missions which lasted sometimes for a considerable length of
time. For all these reasons it is difficult to find out the number of
deputies present at any given date, for votes by roll-call were rare. In
the Terror the number of those voting averaged only 250. The members of
the Convention were drawn from all classes of society, but the most
numerous were lawyers. Seventy-five members had sat in the Constituent
Assembly, 183 in the Legislative.
According to its own ruling, the Convention elected its president every
fortnight. He was eligible for re-election after the lapse of a
fortnight. Ordinarily the sessions were held in the morning, but evening
sessions were also frequent, often extending late into the night.
Sometimes in exceptional circumstances the Convention declared itself in
permanent session and sat for several days without interruption. For
both legislative and administrative purposes the Convention used
committees, with powers more or less widely extended and regulated by
successive laws. The most famous of these committees are those of Public
Safety, of General Security, of Education (_Comité de salut public_,
_Comité de sûreté générale_, _Comité de l'instruction_).
The work of the Convention was immense in all branches of public
affairs. To appreciate it without prejudice, one should recall that this
assembly saved France from a civil war and invasion, that it founded the
system of public education (_Muséum_, _École Polytechnique_, _École
Normale Supérieure_, _École des Langues orientales_, _Conservatoire_),
created institutions of capital importance, like that of the _Grand
Livre de la Dette publique_, and definitely established the social and
political gains of the Revolution.
See FRENCH REVOLUTION; GIRONDISTS; MOUNTAIN; DANTON; ROBESPIERRE; MARAT,
&c.
BIBLIOGRAPHY.--The Convention published a _Procès-verbal_ of its
sessions, which, although lacking the value of those published by
assemblies to-day, is an official document of capital importance.
Copies of it are rare, however, and it has been too much neglected by
historians. See F. A. Aulard, _Recueil des actes du comité de Salut
Public avec la correspondance officielle des représentants en mission,
et le registre du conseil exécutif provisoire_ (Paris, 1889 et seq.);
M. J. Guillaume, _Procès-verbaux du comité d'Instruction Publique de
la Convention Nationale_ (Paris, 1891-1904, 5 vols. 4to); F. A.
Aulard, _Histoire politique de la Révolution française_ (Paris, 1903);
Mortimer-Ternaux, _Histoire de la Terreur_ (1862-1881), a work based
on and comprising documents, but written with strong royalist bias;
Eugène Despois, _Le Vandalisme révolutionnaire_ (1868), for the
scientific work of the Convention. A detailed bibliography of the
documents relating to the Convention is given in the _Répertoire
général des sources manuscrites de l'histoire de Paris pendant la
Révolution française_, vol. viii. &c. (1908), edited by A. Tueléy
under the auspices of the municipality of Paris. For a more summary
bibliography see M. Tourneux, _Bibliog. de l'histoire de Paris pendant
la Révolution française_, i. 89-95 (Paris, 1890). (R. A.*)
CONVERSANO, a town and episcopal see of Apulia, Italy, in the province
of Bari, 17 m. S.E. by rail from the town of Bari. Pop. (1901) 13,685.
It has a fine southern Romanesque cathedral of the end of the 11th
century, with a modernized interior, and a castle which from 1456
belonged to the Acquaviva family, dukes of Atri and counts of
Conversano. The convent of S. Benedetto is one of the earliest offshoots
of Montecassino. (See S. Simone, _Il Duomo di Conversano_, Trani, 1896).
Here, or in the vicinity, is the site of the unimportant ancient town of
Norba.
CONVERSION (Lat. _conversio_, from _convertere_, to turn or change), a
general term for the operation of converting, changing, or transposing;
used technically in special senses in logic, theology and law.
1. _In logic,_ conversion is one of three chief methods of immediate
inference by which a conclusion is obtained directly from a single
premise without the intervention of another premise or middle term. A
proposition is said to be "converted" when the subject and the predicate
change places; the original proposition is the "convertend," the new one
the "converse." The chief rule governing conversion is that no term
which was not _distributed_[1] in the convertend may be distributed in
the converse; nor may the quality of the proposition (affirmative or
negative) be changed. It follows that of the four possible forms of
propositions A, E, I and O (see article A), E and I can be converted
simply. If no A is B (E), it follows that no B is A; if some A is B, it
follows that some B is A. This form of conversion is called Simple
Conversion; E propositions convert into E, and I into I. On the other
hand, A cannot be converted simply. If all men are mortal, the most that
can follow by conversion is that some mortals are men. This is called
Conversion by Limitation or _Per Accidens_. Only if it be known from
external or non-logical sources that the predicate also is distributed
can there be simple conversion of a universal affirmative. Neither of
these forms of conversion can be applied to the particular negative
proposition O, which has to be dealt with under a secondary system of
conversion, as follows. The terminology by which these secondary
processes are described is not altogether satisfactory, and logicians
are not agreed as to the application of the terms. The following system
is perhaps the most commonly used. We have seen that the converse of
"all A is B" is "some B is A"; we can, in addition, derive from it
another, though purely formal, proposition "no A is not-B"; i.e. an E
proposition. This process is called Obversion, Permutation or Immediate
Inference by Privative Conception; it is applicable to every proposition
including O. A further process, known as Contraposition or Conversion by
Negation, consists of conversion following on obversion. Thus from "all
A is B," we get "no not-B is A." In the case of the O proposition we get
(by obversion) "some A is not-B" and then (by conversion) "some not-B is
A" (i.e. an I proposition). In the case of the I proposition the
contrapositive is impossible, as infringing the main rule of conversion.
Another term, Inversion, has been used by some logicians for a still
more complicated process by the alternative use of conversion and
obversion, which is applicable to A and E, and results in obtaining a
proposition concerning the contradictory of the original subject; thus
"all A is B" becomes "some not-A is not B."
Considerable discussion has centred on the problem as to whether the
process of conversion can properly be regarded as inference. The essence
of inference is that the conclusion should embody knowledge which is not
in the premise or premises, and many logicians have contended that no
fact is stated in the converse which was not in the convertend, or, in
other words, that conversion is merely a transformation or verbal change
of the same statement. Hence the term Eductions and Equivalent
Propositional Forms have been given to converse propositions. It is
clear, for instance, that if the universal affirmative is taken
connotatively as a scientific law, and not historically, no real
inference is achieved by stating as another scientific fact its
converse, the particular affirmative. Moreover, even if the convertend
is stated as an historic fact, though there is acquired a certain new
significance, it may well be argued that the inference is not immediate
but syllogistic.
For this controversy see J. S. Mill, _Logic_, II. i. 2; Bradley,
_Logic_, III. pt. i. chap. ii. 30-37; H. W. B. Joseph, _Introduction
to Logic_ (1906), pp. 209 foll.; J. N. Keynes, _Formal Logic_ (3rd
ed., 1894).
2. _In theology_, conversion (the equivalent of the Gr. [Greek:
strephein, epistrephein]) is originally the acceptation of Christianity
by heathens. It is also used generally for a change from one religion to
another, or in a narrower sense for a complete change of attitude
towards God, involving a deeper conviction of the ultimate religious and
moral truths. Considerable difference of opinion has always existed, and
still exists, within the Christian Church as to the true nature and the
causes of conversion, especially in the sense last described. Some have
held that man is merely the passive recipient of the Divine Grace, a
view based largely on the rendering of the Authorized Version of Isaiah
vi. 10 as quoted in Matt. xiii. 15, Mark iv. 12, and John xii. 40.
Others again hold that baptism, as involving a second birth of the
baptized person, makes subsequent conversion unnecessary or even
meaningless, or conversely that conversion is this very second birth and
renders baptism unnecessary. The reply generally made to such arguments
is that baptism implies regeneration only, which is a change wrought
from the outside by the Divine Spirit in general disposition or
spiritual status, while conversion is a positive or concrete
demonstration of that change, not merely the negative beginning of a new
life but the positive "returning" to God in faith and repentance. The
precise connexion between conversion and repentance is again a vexed
question. How far and in what sense does man take an active part in his
own conversion? To this it is frequently answered that while the initial
stage of conversion is and can be the work of the Holy Spirit alone, it
lies with man to make it complete by accepting the proffered grace in
repentance and faith (cf. Acts vii. 51, "Ye stiffnecked and
uncircumcised in heart and ears, ye do always resist the Holy Ghost"). A
man may of his own free will avoid those surroundings which predispose
him to such "resistance." The view that man cannot convert himself is
clearly stated in Article X. by the Church of England. "The condition of
man after the fall of Adam is such that he cannot turn (_sese
convertere_) and prepare himself by his own natural strength and good
works, to faith, and calling upon God: wherefore we have no power to do
good works pleasant and acceptable to God, without the grace of God by
Christ preventing us that we may have a good will, and working with us,
when we have that good will." Further problems are connected with the
possibility of repeated conversions of the same man, the necessity of a
single strongly marked conversion completed in a single process, the
significance of sudden conversion of persons in a highly emotional
state, such as has been common in revivalist meetings, especially in
Wales and the United States of America. Conversions of the last kind
have followed frequently on striking physical phenomena, perceived in
many cases only by the convert himself, such as a sudden bright light or
a noise like a clap of thunder.[2] In all cases of conversion, however,
the criterion of its validity is generally taken to be the resultant
change of a man's character as manifested in his mode of life and
thought, in the abstention from sin, and in devotion to good works. (X.)
3. _In English law_, conversion is the unauthorized exercise of dominion
by one person over the property (other than money or chattels real) of
another, in a manner inconsistent with his rights of possession, or the
unauthorized assumption by another of the powers of the true owner of
goods. The history and exact definition of this form of actionable wrong
have occupied the attention of many learned writers, and the incidents
of actions to assert the rights of the true owner form a considerable
part of treatises on the rules and forms of civil pleading. There are
many ways in which the wrong may be committed. In some cases the
exercise of the dominion may amount to an act of trespass or to a crime,
e.g. where the taking amounts to larceny, or fraudulent appropriation by
a bailee or agent entrusted with the property of another (Larceny Acts
of 1861 and 1901). But in such cases, except where money is taken, the
civil remedy of the owner is by action for conversion or detention of
the property, subject in the case of larceny to the rule that criminal
prosecution should precede restitution by the taker. The remedy in use
in these cases used to be by what was called an action on the case for
trover and conversion, the plaintiff putting aside all suggestions of
trespass and of crime, and resting his case on the fiction that the
defendant had found and used goods not his own. The fictitious averment
of loss was abolished in 1852, and under the present procedure, in which
the old forms of action are not in use, the remedy is by a claim (still
usually called conversion) for wrongfully depriving the true owner of
personal property of its use by some specified act inconsistent with his
dominion over it, usually by dealing with the property in a manner
inconsistent with the owner's rights. Originally, the action of trover
and conversion was limited to goods and chattels, but it is now accepted
as applying to valuable securities, such as cheques and bills of
exchange.
The gist of the action is in the unauthorized dealing, for however short
a time and for however limited a purpose, with the personal property of
another. Even refusal to deliver up to the owner is sufficient to prove
conversion, though it is often made the ground of an action for
detinue, if the plaintiff desires to have the property returned in
specie. The knowledge, motive or good faith of the person wrongfully
dealing with the property of another is for civil purposes immaterial,
and the action is often brought to try the title of two claimants to the
same goods; e.g. where a person who has innocently bought or taken in
pledge goods stolen or illegally procured resists the claim of the
original owner for the return of the goods. A warehouseman may render
himself liable to the owner of goods deposited with him, through
delivering the goods to a third person on a forged authority or without
authority, or by issuing a warehouse receipt representing the goods to
be in his possession or control when they have ceased to be so.
The exact measure of compensation due to a plaintiff whose goods have
been wrongfully converted may be merely nominal if the wrong is
technical and the defendant can return the goods; it may be limited to
the actual damage where the goods can be returned, but the wrong is
substantial; but in ordinary cases it is the full value to the owner of
the goods of which he has been deprived.
Fraudulent conversion by any person to his own use (or that of persons
other than the owner) of property entrusted to him is a crime in the
case of custodians of property, factors, trustees under express trusts
in writing (Larceny Act, 1861, ss. 77-85; Larceny Act, 1901).
The law of Ireland, of most British possessions, and of the United
States, follows that of England as to the civil or criminal remedies for
conversion.
The term "conversion" is also used in English law with reference to the
rule of courts of equity which, in certain cases (following the maxim of
treating as done what ought to have been done), treats as converted into
personalty land which has been directed so to be converted by a will,
contract or settlement, or as converted into land personalty which has
been by such instrument directed to be applied for purchase of realty.
The rule is also applied where a vendor of land dies between the making
of the contract of sale and its completion by conveyance of the land.
The importance of the rule lies in the different destination of realty
and personalty under the laws relating to inheritance and succession.
See Bullen and Leake, _Precedents of Pleading_ (3rd ed., 1868, 6th ed.
by Dodd and Chitty, 1905); F. Pollock, on _Torts_ (7th ed., 1904);
Clerk and Lindsell, on _Torts_ (3rd ed., 1904); Lewin, on _Trusts_
(11th ed., 1904); Jarman, on _Wills_ (5th ed., 1893); Dart, _Vendors
and Purchasers_ (11th ed., p. 301). (W. F. C.)
FOOTNOTES:
[1] A term is said to be "distributed" when it is taken universally:
in the proposition "men are mortal" (meaning "all men") the term
"men" is "distributed" while "mortal" is undistributed, because there
are mortal beings which are not men.
[2] Numerous instances, drawn from other religions besides
Christianity, are given in Professor William James's _The Varieties
of Religious Experience_ (1902).
CONVEX (Lat. _convexus_, carried round, rounded, from _con-_, with, and
_vehere_, to carry), a term for the exterior side of a curved or rounded
surface, as opposed to "concave" (Lat. _con-_, and _cavus_, hollow), the
inner surface.
CONVEYANCE, primarily the act or process of conveying anything. The verb
"to convey," now used in the senses of carrying, transporting,
transmitting, communicating or handing over, originally had the same
meaning as "convoy" (q.v.), i.e. to accompany, a meaning which still
survived in the 18th century. Like "convoy" it is ultimately derived
from the Late Lat. _conviare_ (not from _convehere_), but through the
old Norman French form _conveier_, which in central France passed into
the form _convoier_, mod. Fr. _convoyer_, whence "convoy." Apart from
the general sense given above the word conveyance is now used in three
special senses: (1) a carriage or other means of transport, (2) in law,
the transference of property by deed or writing between living persons,
and (3) the written instrument by which such transference is effected.
(See CONVEYANCING.)
CONVEYANCING, in English law, the art or science of conveying or
effecting the transfer of property, or modifying interests in relation
to property, by means of written documents.
History.
In early legal systems the main element in the transfer of property was
the change, generally accompanied by some public ceremony, in the actual
physical possession: the function of documents, where used, being merely
the preservation of evidence. Thus, in Great Britain in the feudal
period, the common mode of conveying an immediate freehold was by
_feoffment with livery of seisin_--a proceeding in which the transferee
was publicly invested with the feudal possession or _seisin_, usually
through the medium of some symbolic act performed in the presence of
witnesses upon the land itself. A deed or charter of feoffment was
commonly executed at the same time by way of record, but formed no
essential part of the conveyance. In the language of the old rule of the
common law, the immediate freehold in corporeal hereditaments lay in
livery, whereas reversions and remainders and all incorporeal
hereditaments lay in grant, i.e. passed by the delivery of the deed of
conveyance or grant without any further ceremony. The process by which
this distinction was broken down and the present uniform system of
private conveyancing by simple deed was established, constitutes a long
chapter in English legal history.
The land of a feudal owner was subject to the risk of forfeiture for
treason, and to military and other burdens. The common law did not
allow him to dispose of it by will. By the law of mortmain religious
houses were prohibited from acquiring it. The desire to escape from
these burdens and limitations gave rise to the practice of making
feoffments to the _use_ of, or upon trust for, persons other than
those to whom the seisin or legal possession was delivered. The common
law recognized only the legal tenant; but the _cestui que use_ or
beneficial owner gradually secured for his wishes and directions
concerning the profits of the land the strong protection of the
chancellors as exercising the equitable jurisdiction of the king. The
resulting loss to the crown and the great lords of the feudal dues and
privileges, coupled with the public disadvantages arising from
ownership of land which, in an increasing degree, was merely nominal,
brought about the passing in the year 1535 of the famous Statute of
Uses, the object of which was to destroy altogether the system of uses
and equitable estates. It enacted, in substance, that whoever should
have a use or trust in any hereditaments should be deemed to have the
legal seisin, estate and possession for the same interest that he had
in the use; in other words, that he should become in effect the feudal
tenant without actual delivery of possession to him by the actual
feoffee to uses or trustee: In its result the statute was a fiasco. It
was solemnly decided that the act transferred the legal possession to
the use once only, and that in the case of a conveyance to A to the
use of B to the use of or upon trust for C, it gave the legal estate
to B, and left C with an interest in the position of the use before
the statute. Thus was completed the foundation of the modern system of
trusts fastened upon legal estates and protected by the equitable
doctrines and practice of the judicature.
But the statute not only failed to abolish uses: it also opened the
way to the evasion of the public ceremony of livery of seisin, and the
avoidance of all notoriety in conveyances. Other ways, besides an
actual feoffment to uses, of creating a use had been in vogue before
the statute. If A bargained with B, in writing or not, for the sale of
land, and B paid the price, but A remained in legal possession, the
court of chancery enforced the use or equitable interest in favour of
B. The effect of a _bargain and sale_ (as such a transaction was
called) after the statute was to give B the legal interest without any
livery of seisin. This fresh danger was met in the very year of the
statute itself by an enactment that a bargain and sale of an estate of
inheritance or freehold should be made by deed publicly enrolled. But
the Statute of Enrolments was in terms limited to estates of freehold.
It was allowed that a bargain and sale for a term, say, of one year,
must transfer the seisin to the bargainee without enrolment. And since
what remained in the bargainer was merely a reversion which "lay in
grant," it was an easy matter to release this by deed the day after.
By this ingenious device was the publicity of feoffment or enrolment
avoided, and the _lease and release_, as the process was called,
remained the usual mode of conveying a freehold, in possession down to
the 19th century.
It was not until 1845 that the modern system of transfer by a single
deed was finally established. By the Real Property Act of that year it
was enacted that all corporeal hereditaments should, as regards the
immediate freehold, be deemed to lie in grant as well as in livery.
Since this act the ancient modes of conveyance, though not abolished by
it, have in practice become obsolete. Traces of the old learning
connected with them remain, however, embedded in the modern conveyance.
Many a purchase-deed recites that the vendor is _seised_ in fee-simple
of the property. It is the practice, moreover, to convey not only "to"
but also "to the use of" a purchaser. For before the Statute of Uses, a
conveyance made without any consideration or declaration of uses was
deemed to be made to the use of the party conveying. In view of the
operation of the statute upon the legal estate in such circumstances, it
is usual in all conveyances, whether for value or not, to declare a use
in favour of the party to whom the grant is made.
In its popular usage the word "conveyance" signifies the document
employed to carry out a purchase of land. But the term "conveyancing" is
of much wider import, and comprises the preparation and completion of
all kinds of legal instruments. A well-known branch of the conveyancer's
business is the investigation of title--an important function in the
case of purchases or mortgages of real estate. With personal estate
(other than leasehold) he has perhaps not so much concern. Chattels are
usually transferred by delivery, and stocks or shares by means of
printed instruments which can be bought at a law-stationer's. The common
settlements and wills, however, deal wholly or mainly with personal
property; and an interest in settled personalty is frequently the
subject of a mortgage. Of late years, also, there has been an enormous
increase in the volume of conveyancing business in connexion with
limited joint-stock companies.
In the preparation of legal documents the practitioner is much assisted
by the use of _precedents_. These are outlines or models of instruments
of all kinds, exhibiting in accepted legal phraseology their usual form
and contents with additions and variations adapted to particular
circumstances. Collections of them have been in use from early times,
certainly since printing became common. The modern precedent is, upon
the whole, concise and businesslike. The prolixity which formerly
characterized most legal documents has largely disappeared, mainly
through the operation of statutes which enable many clauses previously
inserted at great length to be, in some cases, e.g. covenants for title,
incorporated by the use of a few prescribed words, and in others safely
omitted altogether. The Solicitors' Remuneration Act 1881, has also
assisted the process of curtailment, for there is now little or no
connexion between the length of a deed and the cost of its preparation.
So long as the draftsman adheres to recognized legal phraseology and to
the well-settled methods of carrying out legal operations, there is no
reason why modern instruments should not be made as terse and
businesslike as possible.
Contracts for sale.
It is not usual for land to be sold without a formal agreement in
writing being entered into. This precaution is due, partly to the
Statute of Frauds (§ 4), which renders a contract for the sale of land
unenforceable by action "unless the agreement upon which such action
shall be brought, or some memorandum or note thereof, shall be in
writing and signed by the party to be charged therewith or some other
person thereunto by him lawfully authorized," and partly to the fact
that there are few titles which can with prudence be exposed to all the
requisitions that a purchaser under an "open contract" is entitled by
law to make. Such a purchaser may, for example, require a forty years'
title (Vendor and Purchaser Act 1874). Under an open contract a vendor
is presumed to be selling the fee-simple in possession, free from any
incumbrance, or liability, or restriction as to user or otherwise; and
if he cannot deduce a title of the statutory length, or procure an
incumbrance or restriction to be removed, the purchaser may repudiate
the contract. The preparation of an agreement for sale involves
accordingly an examination of the vendor's title, and the exercise of
skill and judgment in deciding how the vendor may be protected against
trouble and expense without prejudice to the sale. Upon a sale by
auction the agreement is made up of (1) the particulars, which describe
the property; (2) the conditions of sale, which state the terms upon
which it is offered; and (3) the memorandum or formal contract at the
foot of the conditions, which incorporates by reference the particulars
and conditions, names or sufficiently refers to the vendor, and is
signed by the purchaser after the sale. The object of the agreement,
whether the sale is by private contract or by auction, is to define
accurately what is sold, to provide for the length of title and the
evidence in support of or in connexion with the title which is to be
required except so far as it is intended that the general law shall
regulate the rights of the parties, and to fix the times at which the
principal steps in the transaction are to be taken. It is also usual to
provide for the payment of interest at a prescribed rate upon the
purchase money if the completion shall be delayed beyond the day fixed
for any cause other than the vendor's wilful default, and also that the
vendor shall be at liberty to rescind the contract without paying costs
or compensation if the purchaser insists upon any requisition or
objection which the vendor is unable or, upon the ground of expense or
other reasonable ground, is unwilling to comply with or remove. Upon a
sale by auction it is the rule to require a deposit to be paid by way of
security to the vendor against default on the part of the purchaser.
Abstract of title.
Requisitions.
The signature of the agreement is followed by the delivery to the
purchaser or his solicitor of the abstract of title, which is an epitome
of the various instruments and events under and in consequence of which
the vendor derives his title. A purchaser is entitled to an abstract at
the vendor's expense unless otherwise stipulated. It begins with the
instrument fixed by the contract for the commencement of the title, or,
if there has been no agreement upon the subject, with an instrument of
such character and date as is prescribed by the law in the absence of
stipulation between the parties. From its commencement as so determined
the abstract, if properly prepared, shows the history of the title down
to the sale; every instrument, marriage, birth, death, or other fact or
event constituting a link in the chain of title, being sufficiently set
forth in its proper order. The next step is the verification of the
abstract on the purchaser's behalf by a comparison of it with the
originals of the deeds, the probates of the wills, and office copies of
the instruments of record through which the title is traced. The vendor
is bound to produce the original documents, except such as are of record
or have been lost or destroyed, but, unless otherwise stipulated, the
expense of producing those which are not in his possession falls upon
the purchaser (Conveyancing Act 1881). After being thus verified, the
abstract is perused by the purchaser's advisers with the object of
seeing whether a title to the property sold is deduced according to the
contract, and what evidence, information or objection, in respect of
matters appearing or arising upon the abstract, ought to be called for
or taken. For this purpose it is necessary to consider the legal effect
of the abstracted instruments, whether they have been properly
completed, whether incumbrances, adverse interests, defects, liabilities
in respect of duties, or any other burdens or restrictions disclosed by
the abstract, have been already got rid of or satisfied, or remain to be
dealt with before the completion of the sale. The result of the
consideration of these matters is embodied in "requisitions upon title,"
which are delivered to the vendor's solicitors within a time usually
fixed for the purpose by the contract. In making or insisting upon
requisitions regard is had, among other things, to any special
conditions in the contract dealing with points as to which evidence or
objection might otherwise have been required or taken, and to a variety
of provisions contained in the Vendor and Purchaser Act 1874, and the
Conveyancing Act 1881, which apply, except so far as otherwise agreed,
and of which the following are the most important: (1) Recitals,
statements and descriptions of facts, matters and parties contained in
instruments twenty years old at the date of the contract are, unless
proved inaccurate, to be taken as sufficient evidence of the truth of
such facts, matters and descriptions; (2) a purchaser cannot require the
production of, or make any requisition or objection in respect of, any
document dated before the commencement of the title; (3) the cost of
obtaining evidence and information not in the vendor's possession must
be borne by the purchaser. The possibility of the rescission clause now
commonly found in contracts for the sale of real estate being exercised
in order to avoid compliance with an onerous requisition, is also an
important factor in the situation. The requisitions are in due course
replied to, and further requisitions may arise out of the answers. A
summary method of obtaining a judicial determination of questions
connected with the contract, but not affecting its validity, is provided
by the Vendor and Purchaser Act 1874. Before completion it is usual for
the purchaser to cause searches to be made in various official registers
for matters required to be entered therein, such as judgments, land
charges, and pending actions, which may affect the vendor's title to
sell, or amount to an incumbrance upon the property.
Conveyances.
When the title has been approved, or so soon as it appears reasonably
certain that it will be accepted, the draft conveyance is prepared and
submitted to the vendor. This is commonly done by and at the expense of
the purchaser, who is entitled to determine the form of the conveyance,
provided that the vendor is not thereby prejudiced, or put to additional
expense. The common mode of conveying a freehold is now, as already
mentioned, by ordinary deed, called in this case an _indenture_, from
the old practice, where a deed was made between two or more parties, of
writing copies upon the same parchment and then dividing it by an
indented or toothed line. Indenting is, however, not necessary, and in
modern practice is disused. A deed derives its efficacy from its being
sealed and delivered. It is still a matter of doubt whether signing is
essential. It is not necessary that its execution should be attested
except in special circumstances, as, e.g. where made under a power
requiring the instrument exercising it to be attested. But in practice
conveyances are not only sealed, but also signed, and attested by one or
two witnesses. The details of a conveyance in any particular case depend
upon the subject-matter and terms of the sale, and the state of the
title as appearing by the abstract. The framework, however, of an
ordinary purchase-deed consists of (1) the date and parties, (2) the
recitals, (3) the testatum or witnessing-part, containing the statement
of the consideration for the sale, the words incorporating covenants for
title and the operative words, (4) the parcels or description of the
property, (5) the habendum, showing the estate or interest to be taken
by the purchaser, and (6) any provisos or covenants that may be
required. A few words will illustrate the object and effect of these
component parts.
(1) The parties are the persons from whom the property, or some estate
or interest in or in relation to it, is to pass to the purchaser, or
whose concurrence is rendered necessary by the state of the title in
order to give the purchaser the full benefit of his contract and to
complete it according to law. It is often necessary that other persons
besides the actual vendor should join in the conveyance, e.g. a
mortgagee who is to be paid off and convey his estate, a trustee of an
outstanding legal estate, a person entitled to some charge or
restriction who is to release it, or trustees who are to receive the
purchase-money where a limited owner is selling under a power (e.g. a
tenant for life under the power given by the Settled Land Act 1882).
Parties are described by their names, addresses and occupations or
titles, each person with a separate interest, or filling a distinct
character, being of a separate part. (2) The recitals explain the
circumstances of the title, the interests of the parties in relation to
the property, and the agreement or object intended to be carried into
effect by the conveyance. Where the sale is by an absolute owner there
is no need for recitals, and they are frequently dispensed with; but
where there are several parties occupying different positions, recitals
in chronological order of the instruments and facts giving rise to their
connexion with the property are generally necessary in order to make the
deed intelligible. (3) It is usual to mention the consideration. Where
it consists of money the statement of its payment is followed by an
acknowledgment, in a parenthesis, of its receipt, which, in deeds
executed since the Conveyancing Act 1881, dispenses with any endorsed or
further receipt. A vendor, who is the absolute beneficial owner, now
conveys expressly "as beneficial owner," which words, by virtue of the
Conveyancing Act 1881, imply covenants by him with the purchaser that he
has a right to convey, for quiet enjoyment, freedom from incumbrances,
and for further assurance--limited, however, to the acts and defaults of
the covenantor and those through whom he derives his title otherwise
than by purchase for value. A trustee or an incumbrancer joining in the
deed conveys "as trustee" or "as mortgagee," by which words covenants
are implied that the covenantor individually has not done or suffered
anything to incumber the property, or prevent him from conveying as
expressed. As to the operative words, any expression showing an
intention to pass the estate is effectual. Since the Conveyancing Act
1881, "convey" has become as common as "grant," which was formerly used.
(4) The property may be described either in the body of the deed or in a
schedule, or compendiously in the one and in detail in the other. In any
case it is usual to annex a plan. Different kinds of property have their
appropriate technical words of description. _Hereditaments_ is the most
comprehensive term, and is generally used either alone or in conjunction
with other words more specifically descriptive of the property conveyed.
(5) The habendum begins with the words "to hold," and the estate, on a
sale in fee-simple, is limited, as already mentioned, not only _to_, but
also _to the use of_, the purchaser. Before the Conveyancing Act 1881,
it was necessary to add, after the name of the purchaser, the words "and
his heirs," or "his heir and assigns," though the word "assigns" never
had any conveyancing force. But since that Act it is sufficient to add
"in fee-simple" without using the word "heirs." Unless, however, one or
other of these additions is made, the purchaser will even now get only
an estate for his life. If the property is to be held subject to a lease
or incumbrance, or is released by the deed from an incumbrance
previously existing, this is expressed after the words of limitation.
(6) Where any special covenants or provisions have been stipulated for,
or are required in the circumstances of the title, they are, as a rule,
inserted at the end of the conveyance. In simple cases none are needed.
Where, however, a vendor retains documents of title, which he is
entitled to do where he sells a part only of the estate to which they
relate, it is the practice for him by the conveyance to acknowledge the
right of the purchaser to production and delivery of copies of such of
them as are not instruments of record like wills or orders of court, and
to undertake for their safe custody. This acknowledgment and undertaking
supply the place of the lengthy covenants to the like effect which were
usual before the Conveyancing Act 1881. A trustee or mortgagee joining
gives an acknowledgment as to documents retained by him, but not an
undertaking. The foregoing outline of a conveyance will be illustrated
by the following specimen of a simple purchase-deed of part of an estate
belonging to an absolute owner in fee:--
THIS INDENTURE made the day of between A. B. of,
&c., of the one part and C. D. of, &c., of the other part WHEREAS the
said A. B. is seised (among other hereditaments) of the messuage
hereinafter described and hereby conveyed for an estate in fee simple
in possession free from incumbrances and has agreed to sell the same
to the said C. D. for £100 NOW THIS INDENTURE WITNESSETH that in
pursuance of the said agreement and in consideration of the sum of
£100 paid to the said A. B. by the said C. D. (the receipt whereof the
said A. B. doth hereby acknowledge) the said A. B. as beneficial owner
doth hereby convey unto the said C. D. ALL THAT messuage or tenement
situate &c., and known as, &c. TO HOLD the premises unto and to the
use of the said C. D. his heirs and assigns [_or_ in fee simple] And
the said A. B. doth hereby acknowledge the right of the said C. D. to
production and delivery of copies of the following documents of title
[_mentioning them_] and doth undertake for the safe custody thereof IN
WITNESS, &c.
It will be observed that throughout the deed there are no stops, the
commencement of the several parts being indicated by capital letters.
The draft conveyance having been approved on behalf of the vendor, it is
engrossed upon stout paper or parchment, and there remains only the
completion of the sale, which usually takes place at the office of the
vendor's solicitor. A purchaser is not entitled to require the vendor to
attend personally and execute the conveyance in his presence or that of
his solicitor. The practice is for the deed to be previously executed by
the vendor and delivered to his solicitor, and for the solicitor to
receive the purchase-money on his client's behalf, since a purchaser is,
under the Conveyancing Act 1881, safe in paying the purchase-money to a
solicitor producing a deed so executed, when it contains the usual
acknowledgment by the vendor of the receipt of the money. Upon the
completion, the documents of title are handed over except in the case
above referred to, and any claims between the parties in respect of
interest upon the purchase-money, apportioned outgoings, or otherwise,
are settled. The conveyance is, of course, delivered to the purchaser,
upon whom rests the obligation of affixing the proper stamp--which he
may do without penalty within thirty days after execution (Stamp Act
1891). It may be added that, subject to any special bargain, which is
rarely made, the costs of the execution by the vendor and other parties
whose concurrence is necessary, and of any act required to be done by
the vendor to carry out his contract, are borne by the vendor.
Leases.
Ordinary leases at rack-rents are not generally preceded by a formal
agreement, such as is common on a sale of land, or by an investigation
into the lessor's title. As a rule, the principal terms are arranged
between the parties, and embodied with various ancillary provisions in a
draft lease, which is prepared by the lessor's advisers and submitted to
the lessee, the ultimate form and contents of the instrument being
adjusted by negotiation. If an intending lessee desires to examine the
title he must make an express bargain to that effect, for under a
contract to grant a lease the intended lessee is not entitled, in the
absence of such express stipulation, to call for the title to the
freehold (Vendor and Purchaser Act 1874). By the Statute of Frauds all
leases, except leases for a term not exceeding three years, and at not
less than two-thirds of the rack-rent, were required to be in writing.
And now by the Real Property Act 1845, leases required by law to be in
writing are void _at law_ unless made by deed. An instrument, void as a
lease under the act, may, however, be valid as an agreement to take a
lease; and since the Judicature Act 1873, under which equitable
doctrines prevail in the High Court, a person holding under an agreement
for a lease, of which specific performance would be granted, is treated
in all branches of that court as if such a lease were already executed.
Unless otherwise agreed, a lease is always prepared by a lessor's
solicitor at the expense of the lessee; but the cost of the counterpart
(i.e. the duplicate executed by the lessee) is usually borne by the
lessor.
Assignment of leaseholds.
Upon the sale and conveyance of a leasehold property substantially the
same procedure is observed as above indicated in the case of a freehold.
A few additional points, however, may be specially mentioned. Under an
open contract the vendor cannot be called upon to show the title to the
freehold reversion (Vendor and Purchaser Act 1874; Conveyancing Act
1881). Accordingly, the abstract of title begins with the lease, however
old; but the subsequent title need not be carried back for more than
forty years before the sale. The purchaser, apart from stipulation, must
assume, unless the contrary appears, that the lease was duly granted,
and upon production of the receipt for the last payment due for rent
before completion, that all the covenants and provisions of the lease
have been duly performed and observed up to the date of actual
completion. The appropriate word of conveyance is "assign," and a
conveyance of leaseholds is generally called an assignment. The vendor's
covenants for title implied by his assigning "as beneficial owner"
include, in addition to the covenants implied by those words in a
conveyance of freehold, a covenant limited in manner above mentioned,
that the lease is valid, and that the rent and the provisions of the
lease have been paid and observed up to the time of conveyance
(Conveyancing Act 1881). Where the vendor, as is the common case,
remains liable after the assignment for the rent and the performance of
the covenants, the purchaser must covenant to pay the rent, and perform
and observe the covenants and provisions of the lease, and keep the
vendor indemnified in those respects.
Mortgages.
A mortgage is prepared by the solicitor of the mortgagee, and the
mortgagor bears the whole expenses of the transaction. It is seldom that
there is any preliminary agreement, because (1) a contract to lend money
is not specifically enforceable; and (2) inasmuch as the primary object
of a mortgagee is to have his money well secured, he is not, generally,
willing to submit to restrictions as to title or evidence of title which
might give rise to difficulty or expense in the event of a sale of the
mortgaged property. An intending mortgagor is accordingly required to
show a title easily marketable, and to verify it at his own cost. A
mortgage follows the same general form as a conveyance on sale, the
principal points of difference being that the conveyance of the property
is preceded by a covenant for the payment of the mortgage money and
interest, and followed by a proviso for reconveyance upon such payment,
and by any special provisions necessary or proper in the circumstances,
such as a covenant for insurance and repairs where the security
comprises buildings. The covenants for title implied by a mortgagor
conveying "as beneficial owner" are the same as in the case of a vendor,
but they are absolute and not qualified in the manner above pointed out.
The beneficial operation of the Conveyancing Act 1881 in shortening
conveyances is well illustrated by a modern mortgage. For, by virtue
of the act, a mortgagee by deed executed after its commencement has,
subject to any contrary provisions contained in the deed, the
following powers to the like extent as if they had been conferred in
terms: (1) a power of sale exercisable after the mortgage money has
become due (a) if notice requiring payment has been served and not
complied with for three months, (b) if any interest is in arrear for
two months, or (c) there has been a breach of some obligation under
the deed or the act other than the covenant for payment of the
mortgage money or interest; (2) a power to insure subject to certain
restrictions; (3) a power, when entitled to sell, to appoint a
receiver; and (4) a power while in possession to cut and sell timber.
The act contains ancillary provisions enabling a mortgagee upon a sale
to convey the property for such estate or interest as is the subject
of the mortgage, and to give a valid receipt for the purchase-money,
and the purchaser is amply protected against any irregularities of
which he had no notice. There are also large powers of leasing
conferred by the act upon mortgagor and mortgagee while respectively
in possession, and a power for the mortgagor, whilst entitled to
redeem, to inspect and take copies of title-deeds in the mortgagee's
possession. The elaborate provisions for all these purposes which were
formerly inserted in mortgage deeds are now omitted; but sometimes the
operation of the act is modified in certain respects. The procedure
upon a sale by a mortgagee is the same as in the case of any other
vendor. He conveys, however, "as mortgagee," these words implying only
a covenant by him against incumbrances arising from his own acts.
Settlements.
The frame of a strict settlement of real estate, which is usually made
either on marriage or by way of resettlement on a tenant in tail under
an existing settlement attaining twenty-one, has been much simplified;
but such settlements still remain the most technical and most
complicated of legal instruments. By virtue of the Settled Land Acts
1882 to 1890, tenants for life and many other limited owners have
extensive powers of sale, of leasing, and of doing numerous other acts
required in a due course of management. These powers cannot be excluded
or fettered by settlors. They are, as a rule, considered in practice to
be sufficient, and the corresponding elaborate provisions formerly
inserted in settlements are now omitted, the operation of the acts being
merely supplemented, where desirable, by some extension of the statutory
powers, in relation, e.g., to the investment and application of capital
money. To complete the statutory machinery it is desirable that persons
should be nominated by the settlement trustees for the purposes of the
acts. Since the Conveyancing Act 1881, provisions for the protection of
jointresses or persons entitled under settlements to rent charges or
annual sums issuing out of the land are no longer required, as all such
persons have now powers of distress and entry, and of limiting terms to
secure their respective interests. Terms for raising portions must
still, however, be expressly created. The Conveyancing Act 1881 also
confers large powers of management during the minorities of infants
beneficially entitled upon persons either appointed for the purpose by
the instrument or being such trustees such as are mentioned in § 42. An
estate in tail may now be limited by the use of the words "in tail"
without the words "heirs of the body" formerly necessary. And a settlor
generally conveys "as settlor," by which only a covenant for further
assurance is implied under the Conveyancing Act 1881. Personal
settlements are most often made upon marriage. The settled property is
vested in trustees, either by the settlement itself, or in the case of
cash, mortgage debts, stocks or shares, by previous delivery or
transfer, upon trusts declared by the instrument.
The normal trusts after the marriage are (1) for investment; (2) for
payment of the income of the husband's property to him for life, and
of the wife's property to her for life for her separate use without
power of anticipation whilst under coverture; (3) for payment to the
survivor for his or her life of the income of both properties; (4)
after the death of the survivor, both as to capital and income, for
the issue of the marriage as the husband and wife shall jointly by
deed appoint, and in default of joint appointment as the survivor
shall by deed or will appoint, and in default of such appointment for
the children of the marriage who attain twenty-one, or being daughters
marry, in equal shares, with the addition of a clause (called the
hotchpot clause) precluding a child who or whose issue takes a part of
the fund by appointment from sharing in the unappointed part without
bringing the appointed share into account. Then follows a power for
the trustees with the consent of the parents whilst respectively
living to raise a part (usually a half) of the share of a child and
apply it for his or her advancement or benefit. Power to apply income,
after the death of the life tenants, for the maintenance and education
of infants entitled in expectancy, is conferred upon trustees by the
Conveyancing Act 1881. The ultimate trusts in the event of there being
no children who attain vested interests are (1) of the husband's
property for him absolutely; and (2) of the wife's property for such
persons as she shall when discovert by deed, or whether covert or
discovert by will, appoint, and in default of appointment, for her
absolutely if she survive the husband, but if not, then for her next
of kin under the Statute of Distributions, excluding the husband. For
all ordinary purposes the trustees have now under various statutes
sufficient powers and indemnities. They may, however, in some cases
need special protection against liability. A power of appointing new
trustees is supplied by the Trustee Act 1893. It is usually made
exercisable by the husband and wife during their joint lives, and by
the survivor during his or her life.
Wills.
The form and contents of wills are extremely diverse. A will of,
perhaps, the commonest type (a) appoints executors and trustees; (b)
makes a specific disposition of a freehold or leasehold residence; (c)
gives a few legacies or annuities; and (d) devises and bequeaths to the
executors and trustees the residue of the real and personal estate upon
trust to sell and convert, to invest the proceeds (after payment of
debts and funeral and testamentary expenses) in a specified manner, to
pay the income of the investments to the testator's widow for life or
until another marriage, and subject to her interest, to hold the capital
and income in trust for his children who attain twenty-one, or being
daughters marry, in equal shares, with a power of advancement.
Daughters' shares are frequently settled by testators upon them and
their issue on the same lines and with the same statutory incidents as
above mentioned in the observations upon settlements; and sometimes a
will contains in like manner a strict settlement of real estate. It is a
point often overlooked by testators desirous of benefiting remote
descendants that future interests in property must, under what is known
as the rule against perpetuities, be restricted within a life or lives
in being and twenty-one years afterwards. In disposing of real estate
"devise" is the appropriate word of conveyance, and of personal estate
"bequeath." But neither word is at all necessary. "I leave all I have to
A. B. and appoint him my executor" would make an effectual will for a
testator who wished to give all his property, whether real or personal,
after payment of his debts, to a single person. By virtue of the Land
Transfer Act 1897, Part I., real estate of an owner dying after 1897 now
vests for administrative purposes in his executors or administrators,
notwithstanding any testamentary disposition.
It remains to mention that by the Land Transfer Act 1897 a system of
compulsory registration of title, limited to the county of London, was
established. (See LAND REGISTRATION.)
_Conveyancing counsel to the court_ (i.e. to the chancery division of
the High Court) are certain counsel, in actual practice as
conveyancers, of not less than ten years' standing, who are appointed
by the lord chancellor, to the number of six, under s. 40 of the
Master in Chancery Abolition Act 1852. They are appointed for the
purpose of assisting the court in the investigation of the title to
any estate, and upon their opinion the court or any judge thereof may
act. Any party who objects to the opinion given by any conveyancing
counsel may have the point in dispute disposed of by the judge at
chambers or in court. Business to be referred to conveyancing counsel
is distributed among them in rotation, and their fees are regulated by
the taxing officers.
_United States._--American legislation favours the general policy of
registering all documents in the contents of which the public have an
interest, and its tendency has been steadily towards more and more full
registration both of documents and statistics. From the early days of
the colonial era it has been customary to record wills and conveyances
of real estate in full in public books, suitably indexed, to which free
access was given. During the last decade of the 19th century, three
states--Illinois, Massachusetts, and Ohio--adopted the main features of
the Torrens or Prussian system for registering title to land rather than
conveyances under which title may be claimed. These are the
ascertainment by public officers of the state of the title to some or
all of the parcels of real estate which are the subject of individual
property within the state; the description of each parcel (giving its
proper boundaries and characteristics) on a separate page of a public
register, and of the manner in which the title is vested; the issue of a
certificate to the owner that he is the owner; the official notation on
this register of each change of title thereafter; and a warranty by the
government of the title to which it may have certified. To make the
system complete it is further requisite that every landowner should be
compelled to make use of it, and that it should be impossible to
transfer a title effectually without the issue of such a government
certificate in favour of the purchaser.
Constitutional provisions have been found to prevent or embarrass
legislation in these directions in some of the states, but it is
believed that they are nowhere such as cannot be obeyed without any
serious encroachment on the principles of the new system (_People_ v.
_Chase_, 165 Illinois Reports, 527; _State_ v. _Guilbert_, 56 Ohio State
Reports, 575; _People_ v. _Simon_, 176 Illinois Reports, 165; _Tyler_ v.
_Judges_, 173 Massachusetts Reports; 55 North-Eastern Reporter, 812;
_Hamilton_ v. _Brown_, 161 United States Reports, 256).
Conveyances which have been duly recorded become of comparatively little
importance in the United States. The party claiming immediately under
them, if forced to sue to vindicate his title, must produce them or
account for their loss; but any one deriving title from him can procure
a certified copy of the original conveyance from the recording officer
and rely on that. Equitable mortgages by a deposit of title-deeds are
unknown.
The general prevalence of public registry systems has had an influence
in the development of American jurisprudence in the direction of
supporting provisions in wills and conveyances, which, unless generally
known, might tend to mislead and deceive, such as spendthrift trusts
(_Nichols_ v. _Eaton_, 91 United States Reports, 716).
Conveyances of real estate are simple in form, and are often prepared by
those who have had no professional training for the purpose. Printed
blanks, sold at the law-stationers, are commonly employed. The lawyers
in each state have devised forms for such blanks, sometimes peculiar in
some points to the particular state, and sometimes copied verbatim from
those in use elsewhere. Deeds intended to convey an absolute estate are
generally either of the form known as _warranty deed_ or of that known
as _release deed_. The release deed is often used as a primary
conveyance without warranty to one who has no prior interest in the
land. Uniformity in deeds is rendered particularly desirable from the
general prevalence of the system of recording all conveyances at length
in a public office. Record books are printed for this purpose,
containing printed pages corresponding to the printed blanks in use in
the particular state, and the recording officer simply has to fill up
each page as the deed of similar form was filled up. One set of books
may thus be kept for recording warranty deeds, another for recording
release deeds, another for recording mortgage deeds, another for leases,
&c.
AUTHORITIES.--Davidson, _Precedents and Forms in Conveyancing_
(London, 1877 and 1885); Key and Elphinstone, _Compendium of
Precedents in Conveyancing_ (London, 1904); Elphinstone, _Introduction
to Conveyancing_ (London, 1900); Prideaux, _Precedents in
Conveyancing_ (1904); Pollock, _The Land Laws_ (London, 1896).
(S. WA.; S. E. B.)
CONVEYORS. "Conveyor" (for derivation see CONVEYANCE) is a term
generally applied to mechanical devices designed for the purpose of
moving material in a horizontal or slightly inclined direction; in this
article, however, are included a variety of appliances for moving
materials in horizontal, vertical and combined horizontal and vertical
directions. The material so handled may be conveyed in a practically
uninterrupted stream, as in the case of worms, bands and pushplate
conveyors, or elevators carrying grain or coal, &c.; or it may be
conveyed from one point to another, intermittently, that is to say in a
succession of separate loads, as happens with single bucket elevators,
furnace hoists, rope and chain haulage, and also in the case of ropeways
and aerial cableways. Some of these devices are of great antiquity,
others are of quite modern origin. The principles of their construction
are simple and easy of understanding, but by variations in the details
of their construction the engineer has adapted these few appliances to
the most varied work. At one end of the scale they may be used for such
light duties as conveying the goods purchased by a customer to the
packers and bringing them back made up into a parcel or for taking his
money to the cashier and returning the change. At the other they are
adopted for handling large quantities of heavy material at a minimum
expenditure of human labour. Coal, for instance, a more or less friable
substance, the value of which is seriously diminished by fracture, may
be mechanically handled with a minimum risk of breakage. The difficult
problem of handling the contents of gas retorts and coke ovens, and of
simultaneously quenching and conveying the glowing material, has been
solved. Perhaps an even more astonishing piece of work is the
manipulation of the iron from the blast furnace; for instance, liquid
metal is drawn from a furnace into pouring pots which in their turn
discharge it to and distribute it over a pig-iron casting machine, which
is practically a conveyor for liquid metal, consisting of a strand of
moving moulds from which the solidified pigs, after cooling in water,
are automatically removed after reaching the loading terminal over the
railway trucks. Certain types of conveyors may be made to combine
efficiently, with their primary work of transport, complex sorting,
sifting, drying and weighing operations.
_Worm Conveyors._--The worm conveyor, also known as the Archimedean
screw, is doubtless the most ancient form of conveyor. It consists of a
continuous or broken blade screw set on a spindle. This spindle is made
to revolve in a suitable trough, and as it revolves any material put in
is propelled by the screw from one end of the trough to the other. Such
conveyors have been used in flour-mills for centuries. The writer has
seen in an East Anglian mill which was over 250 years old disused screw
conveyors, probably as old as the mill, consisting of spindles of
octagonal shape, made of not too hard wood, around which a broken blade
screw was formed by the insertion at regular intervals of small blades
of hard wood (fig. 1). Modern worm conveyors usually consist of a
spindle formed of a length of wrought iron piping, to which is fitted
either a broken or continuous worm. In the former case (fig. 2) the worm
is composed of a series of blades or paddles arranged like a spiral
round the spindle; each blade is fixed, by means of its shank, in a
transverse hole in the spindle, and the shank is held in position by
being tapped and fitted with a nut. In this way is formed, out of
separate blades, a practically complete screw, technically known as a
"paddle worm." The lengths or sections of the worm run to about 8 ft.,
the various lengths being coupled by turned gudgeons, which also serve
as journals for the bearings. In the so-called continuous worm conveyors
the screw is formed of a continuous sheet-iron spiral (fig. 3).
Sometimes a narrow groove is cut in spiral form on the spindle, and in
this groove the sheet-iron spiral is secured.
[Illustration: FIG. 1.--Early Flour Mill Conveyor.[1]]
[Illustration: FIG. 2.--Paddle Worm Conveyor.]
[Illustration: FIG. 3.--Continuous Worm Conveyor.]
The _spiral_ or _anti-friction_ conveyor (fig. 4) was introduced about
1887. In this case a narrow spiral, which passes concentrically round
the spindle, with a space between both, is fixed to it at set intervals
by small blades, each of which is itself fixed by its shank and a nut to
the spindle. The spiral may be made of almost any section, from a round
bar about ½ in. in diameter to L or T section, but is preferably a flat
bar. Worms are fitted into wooden or iron troughs leaving a clearance of
1/8 to 1/4 in. The spindle must be supported at suitable intervals by
bearings, preferably of the bush type. A continuous worm, being more
rigid than a paddle worm, needs fewer supports. The lid of the worm
trough should be loose, not screwed on, because in case of an
accumulation of feed through a choke in a delivery spout the paddles of
a paddle worm would be broken, or a continuous worm stripped, unless the
material could throw off the lid and relieve the worm. The ratios of the
pitch of the worm to the diameter must be regulated by the nature of the
material to be conveyed, and will vary from one-third to a pitch equal
to, or even exceeding, the diameter. The greater the pitch the larger
the capacity, but also the greater the driving power required, at the
same speed. For handling materials of greater specific gravity, such as
cement, &c., it is advisable to use a smaller pitch than for substances
of lower specific gravity, such as grain. The capacity of a continuous
worm exceeds that of either a paddle or spiral conveyor of the same
diameter, pitch and speed. As regards the relative efficiency of paddle
and spiral conveyors a series of careful tests made by the writer
indicated that, run at a slow speed the paddle worm, but at a high speed
the spiral worm, has the greater efficiency. There is of course a speed
at which the efficiency of both types is about equal, and that is at 150
revolutions per minute for conveyors 4 to 6 in. in diameter.
[Illustration: FIG. 4.--Spiral or Anti-Friction Conveyor.]
The power necessary to drive worm conveyors under normal conditions is
very considerable; a continuous worm of 18 to 20 in. diameter running at
60 revolutions per minute will convey 50 tons of grain per hour over a
distance of a hundred feet at an expenditure of 18½ to 19 H.P. A
material like cement would require rather more power because of the
greater friction of the cement against the blades and the trough.
Delivery from a worm conveyor can be effected at any desired point, all
that is necessary being to cut an outlet, which should preferably be as
wide as the diameter of the worm, because the worm delivers only on its
leading side, and is practically empty on the other side, so that a
smaller outlet might only give exit to a portion of the feed, unless it
was on the leading side.
A special form of worm conveyor is the _tubular_ (fig. 5), which
consists of an iron tube with a continuous spiral fitted to its inner
periphery, or of iron or wooden tubes of square sections fitted with
fixed baffle plates inside. In working it revolves bodily on suitable
rollers. This type is more costly than the ordinary worm conveyors, and
also requires more power. Its efficiency is, moreover, easily impaired
if run at too high a speed, because the centrifugal force asserts itself
and counteracts the propulsion, which in this case is effected by
gravity. Some experiments made in 1868 by George Fosbery Lyster,
engineer of the Liverpool docks, gave convincing results (see _Proc.
Inst. Mech. Eng._, August 1869). The tubular worm conveyor is suitable
where a granular material has to be moved over a comparatively short
distance, say from one building to another on the same level, and where
no bridge is available for the installation of any other kind of
conveyor. Conveyors of this type have, however, come into use for
conveying hard and cutting substances over considerable lengths.
Ordinary worm conveyors are practically debarred from use for such
substances on account of the short life of the intermediate bearings,
which are not necessary with externally supported tubular worms.
[Illustration: FIG. 5.--Tubular Worm Conveyor.]
To sum up, worm conveyors are of the simplest construction and of small
prime cost. The terminals again are much less expensive than those of
most other kinds of conveyors. When the distance to be traversed by the
material is short, the worm conveyor has this advantage, that it is
cheaper than other kinds of conveyors. If it be desired not only to
convey but also to mix two or more materials, such as cement and sand in
a dry state, or poultry food, this appliance is thoroughly well adapted
for the work. On the other hand, there is a grinding action exercised on
any material conveyed, and when hard or cutting substances are handled
the wear and tear on the conveyor blades, trough and bearings is very
great, and the power absorbed by a worm conveyor is a sensible item.
_Band Conveyors._--The inventor of band conveyors for the handling of
grain and minerals was G. F. Lyster, who, as already mentioned, in 1868
carried out exhaustive experiments at the Liverpool docks, where he
established the band conveyor as a grain-handler. For granaries the band
conveyor is an ideal appliance. Its capacity is great, and it can be run
at relatively high speeds with a moderate expenditure of power. The band
conveyor of to-day is an endless belt of canvas or more often
india-rubber with insertion, and when fitted with the usual receiving
and delivery appliances can be used to handle grain from or into
granaries and also to feed bins or sections of a warehouse. The endless
bands run over terminal pulleys, and are also supported on their way by
a series of guide rollers, which are in greater number on the loaded
than on the empty strand. The band is usually run quite flat, except
that at the point or points where the grain is fed on it is slightly
hollowed for a few feet, by means of two curving rolls which are set
obliquely so as to make it trough-shaped. The supporting or guide
rollers are 4 in. to 6 in. in diameter, and are sometimes made of wood,
but more often consist of steel tubes to which spindles with conical end
gudgeons are secured. The gudgeons generally run in suitable
bush-bearings, which should be well lubricated. Band conveyors should be
driven on the delivery and not the receiving terminal, as the tight side
of the band is the flattest. The guide rollers, for ordinary grain
conveyors, are fitted to the upper or working side of the band at
intervals of about 6 ft., and at distances of 12 ft. on the lower or
return strand. In cases where both strands of the band are used for
carrying grain, the lower strand must be supported by as many rollers as
the upper. Under such conditions, terminal pulleys must be of larger
diameter than usual, the object being to throw the two strands farther
apart, so as to give sufficient space between the two strands to spout
the feed in and out again at the other end. The two strands can be run
any distance apart by the use of two additional pulleys for the
terminals. This arrangement would be in place where it was desired, as
it might be, to run one strand of the band along the top floor of the
granary to distribute, while the other strand travelled along the
ground-floor or basement to withdraw, the grain.
[Illustration: FIG. 6.--Throw-off Carriage for Band Conveyor.]
Band conveyors are kept tight, when the band is not very long, by a
tightening gear, similar to that used on elevators, and consisting of
two screws which push or better pull the two pedestals of one terminal
pulley farther away from the other terminal. If the band is of such
length that an adjustment of 4 to 5 ft. on the tightening gear is not
sufficient, it is advisable to use in place of screws a tightening
pulley, over which the belt passes, but which is itself held in
tension by weights. The choice of the exact tightening gear will
depend on various considerations, the length of the belt, the type of
throw-off carriage used, and the quality of the belt all being factors
to be considered. The throw-off carriage (fig. 6), which serves to
withdraw material from the band at any desired point, is a simple but
ingenious appliance consisting essentially of guide pulleys which by
raising one part of the band and lowering the other have the effect of
causing the grain to quit the surface of the band at the point where
it is deflected upwards. The grain is thus cast clear of the band, and
into the air, being caught as it falls in a hopper and spouted in any
desired direction. Throw-off carriages differ in certain details, but
the principle is the same. For feeding a band conveyor it is important
to give the material a horizontal velocity, approaching that of the
band. The grain should therefore be fed through a spout rather less in
breadth than half of the width of the band, and set at an incline of
42½° to the horizontal. Band conveyors run at a speed of 400 to 600
ft. per minute, according to the nature of the material; oats, for
instance, would be liable to be blown off the band at a speed in
excess of 500, which would be suitable for wheat. Nuts, maize and the
heavier seeds could be carried at 600. The power consumption by a
grain-laden band compares favourably with any other form of conveyor.
An 18-in. band 100 ft. in length running 500 ft. per minute would
carry 50 tons per hour at an expenditure of only 4.5 H.P.
While the band conveyor is an ideal conveyor in warehouses and mills, it
is also capable of rendering good service in handling such heavy
materials as coal and minerals. Of course for such purposes the band and
its fittings must be of much more substantial construction. The central
portions of the band carrying the load, being subjected to great wear
and tear, are often made of solid india-rubber extending to nearly half
the thickness of the band in the middle, and tapering off towards the
edges, while the surface facing the guide rollers is of insertion coated
with india-rubber. Bands properly prepared and stretched will bear a
strain of 3 tons to the square inch. Balata bands may be used in place
of india-rubber, but though less expensive are not so lasting. Bands
that have to carry coal or minerals are usually curved along the entire
length of the upper or loaded strand into a trough shape by guide
rollers (fig. 7). Bands of woven wire are sometimes used with
coal-washing plants, but have the disadvantage of lack of durability.
They are more liable to stretch and are high in price. They may be run
as high as about 600 ft. per minute, but to ensure proper grip-driving
terminals must either be faced with leather or made of wood.
[Illustration: FIG. 7.]
The speed of band conveyors loaded with coal or minerals greatly depends
on the size of the fragments; the proper speed for large pieces would be
150-200 ft. per minute, while smaller material could be carried at a
maximum velocity of 700-750 ft. Band conveyors will carry in an upward
direction, up to 24 degrees, without any loss of capacity. They can be
used not only to carry light and heavy bodies, such as grain and coal,
in a continuous stream, but also to convey relatively large bodies such
as sacks of flour, or cement, &c., intermittently. Thus a band 26 in.
wide and 350 ft. long is used at a flour-mill in York to load sacks of
flour into railway trucks; by this means 12 wagons can be loaded by two
men in 1 hour. Band conveyors are not necessarily fixed in one place. A
portable model has rendered good service in tunnel-cutting, mining and
quarrying. This band is mounted in a light steel frame, itself fitted
with small wheels, so as to be readily put in any required position, and
is entirely self-contained, being provided with tightening gear, a small
motor, &c. If required, several lengths can be joined together, or one
band can deliver upon another at a lower level. The same advantages that
attend the use of the band-conveyor for handling grain may be claimed
for this appliance when carrying coal and heavy bodies, namely the
demand for relatively small power, smooth and noiseless work, and gentle
handling of material. On the other hand the feed cannot be withdrawn at
intermediate points except by means of a throw-off carriage. The
numerous bearings of the guide rollers require careful lubrication, and
the rubber bands should be protected as much as possible from changes of
temperature.
The _metal band_ or belt conveyor, a modification of the rubber or
canvas band conveyors, is an endless belt composed of iron plates
connected to endless chains, usually of malleable cast iron, running
under the plates. Such appliances, being obviously more cumbrous than
band conveyors, are only used in handling material of a hard and cutting
nature. They usually deliver only at the end, but if intermediate
delivery be desired a scraper may be so fixed across the band at a given
point, at an angle of 45°, as to scrape the whole or part of the feed
into a shoot, or a scraper may be mounted obliquely on a suitable
carriage which can be moved to any points at which delivery may be
required. In some bands of this type supporting rollers are attached to
the links and travel with them, or are fixed to the framing so that the
band runs over them, an arrangement which has the advantage of
economizing driving power and of promoting smooth running. Metal band
conveyors are tightened in the same way as textile or rubber bands, and
may run at a speed of 60 to 120 ft. per minute. The driving gear must
always be placed at the delivery terminal, so that the loaded strand is
in tension. Such appliances are often used as sorting tables or picking
bands, for instance, for coal, cement, minerals, &c.
In another modification of the metal band conveyor, the _travelling
trough_ conveyor, the sides of each plate are turned up so as to form
the conveying surface of the band into a continuous trough. With this
arrangement intermediate delivery is impossible, as the sides of the
trough will not allow the use of a scraper. As compared with push-plate
conveyors (which consist of scrapers mounted on endless travelling
chains that run usually in troughs), travelling trough conveyors are
gentle handlers of material.
A conveyor which is capable of dealing with many different kinds of
material is known as the _vibrating trough_ conveyor. It is so far like
the band and travelling trough conveyor that the material it conveys
from one point to another is conveyed without the use of any stirring or
pushing agent, such as belong to worm, push-plate and cable trough
conveyors. For materials requiring gentle treatment, this type of
conveyor is eminently suitable. There are different kinds of vibrating
trough conveyors. In one type the trough is caused to make a
reciprocating motion by means of a crank and connecting rod, the trough
itself being supported on rollers. In another type the trough is
actuated by a cam, or by cranks with some kind of quick return motion.
In the appliance known as the Zimmer or swinging conveyor the trough is
supported in its reciprocating motion by means of laminated spring legs
set obliquely to the trough. These legs are securely bolted at one end
to the floor or any other solid support, and at the other end to the
trough itself; hence no lubrication is required, as would be the case
with supporting rollers. Moreover the combined action of the
reciprocating motion of the crank and the rocking of the spring legs has
the effect of causing the material to travel faster in the trough with a
given stroke of the crank than would be the case with any other support.
The material to be conveyed is not carried along with its support as in
the case of a band or travelling trough conveyor, but is caused to move
in a series of hops, to use popular language.
[Illustration: FIG. 8.--Swinging or Zimmer Conveyor.]
The action will be sufficiently explained by the appended diagram
(fig. 8), which, however, is exaggerated to give a clearer idea of the
actual movements, which are on quite a small scale. The line AB
represents the bottom of the trough, while CC are two of the spring
legs; the full lines indicate the spring legs at the extreme backward
position of the crank, while the dotted lines show the spring legs and
bottom of the trough at the extreme forward position of the crank D.
The material to be conveyed, represented by E, is thrown forward by
the forward movement of the crank, and describes a short parabolic
curve; it is thrown at about a right angle to the inclined legs CC,
but before it has time to complete its parabolic course, the trough
has been moved by the crank into its original position. As soon as the
material has dropped down, the trough makes another forward movement,
whereupon the material is thrown forward another stage, and this
process, which is continually repeated, as indicated by the letters
E1, E2, E3, has the effect of carrying or conveying the material in
the direction desired. It is important to note that the actual
movement both of trough and material is within narrow bounds; the
horizontal movement of the trough is only about 1 in., while the
vertical or upward movement is about 1/8 in. The material is conveyed
by this vibrating trough with a minimum of friction, as it is evident
that the material is carried forward without any contact with the
trough, while the very nature of the motion precludes injurious
friction between the particles themselves. When the trough is full the
material will move as it were in a solid mass.
An important improvement in this type of vibrating trough conveyor is
the balanced conveyor, in which the trough is made in two sections,
one being placed at a slightly lower level than the other, so that
one-half may deliver into the other half. The two sections are driven
by triple or quadruple cranks set at an angle of about 180° to one
another. In this case one-half of the conveyor will move forward while
the other moves backward, thus balancing each other (fig. 9). At the
same time the material keeps moving in the same direction because all
the spring legs are of the same inclination. It is usual to drive
balanced conveyors at or near the centre of their length, but they may
also be driven from one end, in which case the balancing of the
conveyor would be effected by a powerful volute spring which is
compressed and released by a crank and connecting rod, in place of
being connected to one-half of the conveyor. Two sections of a Zimmer
conveyor can be made to run in opposite directions by merely reversing
the inclination of the spring legs; in such a case the sections of a
trough would be connected by a flexible coupling. Conveyors of this
type have been used in lengths up to 500 ft., and in widths of over 6
ft. The feed can be received or discharged at any desired point in the
length; for drawing off material at intermediate points it is only
necessary to open a slide in the bottom of the trough. If a great
increase be desired in the capacity of this conveyor the connecting
rod may be attached, not to the trough at all, but to the spring legs
at a point of about a third or half-way from the base, so that the
free ends of the legs can swing the trough backward and forward; by
this means the stroke is amplified and consequently the capacity is
increased, while the driving power required is practically the same.
[Illustration: FIG. 9.]
The power absorbed by the Zimmer conveyor is comparatively small; a
length of 100 ft. conveying a load of 50 tons per hour takes 8.75 h.p.
With a speed of 300-370 revolutions per minute of the conveyor, the
material will traverse 40-70 ft. per minute. The gentle action of this
appliance has caused it to be largely used in dealing with friable
materials, such as coal. The simplicity of the mechanism leaves little
to get out of order, and the entire absence of travelling gear, such
as supporting rollers, is a valuable feature. The capacity of the
conveyor may be sensibly increased by running it on a downward
gradient, while the capacity will be correspondingly diminished by
working in an upward direction. Among many purposes for which this
type of conveyor has been found suitable is that of a drainer in
connexion with coal-washing plants. A perforated plate at the head
will allow the water to escape, while the coal is carried to the other
end. A slight upward slant permits the water left with the coal to run
back and escape. In colliery work this conveyor makes a suitable
picking table. The motion of the trough, while not so fast as to
baffle the pickers, has the advantage of uniformly spreading the lumps
of coal. This apparatus also lends itself to the grading of coal. All
that is necessary is to fit the trough with a sieve which divides it
into an upper and lower deck. The coarser material passes along the
top of the sieve, while the finer coal, sifted out by the
perforations, travels along the bottom of the trough till discharged.
In spite of the gentle propelling action of this conveyor, it has a
thorough sifting action; a perforated plate from 10 to 12 ft. long is
usually sufficient to separate any desired grade, and at a certain
Belgian colliery a conveyor of this type fitted with grading sieves
feeds seven trucks standing in a row, but each on a different siding,
and each taking coal of a different size. This conveyor has been found
useful both as a drying and cooling appliance. Several substances of a
sticky nature, such as moist sugar, which are difficult to deal with
mechanically, can be efficiently handled by the swinging conveyor.
The _gravity_ or _tilting bucket_ conveyor can be used as a combined
elevator and conveyor. It consists essentially of two endless chains or
ropes held at fixed distances apart by suitable bars which are fitted
with small rollers at each end. Every link, or second link, carries a
bucket, and the whole forms an endless chain of buckets. But these
buckets, unlike elevator buckets, which are bolted on to a band or
chain, are free to move on the axis on which they are suspended above
their centre of gravity. When the conveyor is at work the buckets will
always be in an upright position, whether the motion be vertical or
horizontal. Each bucket carries its load to the point at which delivery
is required, where an adjustable tippling device is ready to catch and
tilt the bucket, thus emptying it. This type of conveyor is chiefly used
in connexion with coal stores and boiler houses, where it has undeniable
advantages. For instance, in feeding overhead bunkers a well-designed
gravity bucket conveyor may do the work of (1) a horizontal conveyor in
bringing coal from the railway siding, (2) a vertical elevator in
raising it to the bunkers, and (3) a horizontal conveyor in distributing
it to the respective bunkers. In some cases the returning empty strand
of buckets is used to clear the ashes from under the boilers.
Conveyors of this type run at a mean rate of 40 ft. per minute, and if
it be desired to attain a given capacity the size of the buckets must be
adapted to the increased load as an increase of speed for a higher
capacity is impracticable. The power absorbed is not great, the heaviest
demand on the motive force being made by the elevating operation. Such
conveyors have the merit of handling the material gently, while feeding
and discharging can take place at any point. There are many journals to
be looked after, but in the most approved systems their lubrication is
effected automatically. Whilst such a plant has the advantage of
requiring only one driving gear, a breakdown at one point of the
installation means the stoppage of the whole.
Among typical conveyors on this system is the Hunt conveyor (fig. 10),
which consists of a double link carrying a series of pivoted buckets
which are free to revolve on their axes at all points, except at that
point at which they discharge. This operation is effected by a cam
action, the buckets on their release righting themselves and becoming
ready for refilling. The driving gear propels the chain by means of
pawls which engage with the cross studs of the chain and have a
central thrusting action. Another well-known appliance of this type is
the pan bucket conveyor. This consists of a continuous trough built in
sections and supported on axles and guide wheels running on suitable
rails. There is one axle to each section, and in each section of the
trough a bucket is pivoted to the sides. There are several other
conveyors of this type, amongst which the "Tipit" should be mentioned.
For the Bousse gravity conveyor it is claimed that it will go round
any curve backwards or forwards in both planes, and is therefore
adaptable for installations when the typical gravity bucket would be
useless. The buckets of this conveyor are coupled together by a link
in the middle, which obviously allows more latitude in negotiating
curves than the double chain of most of the other types.
_Pneumatic Grain Elevators_ have been employed with good effect in
loading and unloading grain from ships. This method of conveying grain
falls under three systems: (1) the blast system; (2) the suction system;
and (3) the combined blast and suction system.
In the first system a barge, known as a machinery barge, is fitted with
a steam boiler, a set of air compressing engines, and a length of
flexible piping long enough to reach from any part of the barge to the
farthest corner of the ship to be loaded. A small pipe, known as the
nozzle, is inserted at the inlet end of the piping, where the grain is
taken in, and communicates with the air compressor at the other end.
Compressed air can be admitted to the nozzle or shut off by a valve. The
inlet end of the flexible pipe is pushed into the grain in the barge,
while the other end is led over the hatches of the vessel to be loaded.
As the compressor is set to work and the valve of the compressed air
supply pipe opened, the air naturally rushes up the pipe and escapes at
the other end which is lying over the ship's hatchway. If the inlet
nozzle be immersed in the grain to the depth of 12 to 18 in. the induced
atmospheric air will follow the lead of the compressed air, and drawing
the grain around into the inlet nozzle will carry it up the pipe and
deliver it into the hold of the vessel loading.
[Illustration: FIG. 10.--Travelling Bucket Elevator.]
In the suction system, which is identified with the name of F. E.
Duckham, the process is somewhat different. An air-tight tank or
receiver, 8 to 10 ft. in diameter and 10 to 20 ft. high, is fitted with
a hopper bottom, and is erected, if floating, on a barge, at a
sufficient height to allow grain falling from the hopper bottom, and
passing through an air lock, to be delivered by gravity through a shoot
into the vessel being loaded. A pipe connects the vacuum tank with the
exhaust pumps. Several flexible pipes of sufficient length to reach any
corner of the ship to be unloaded, may be connected with the vacuum
tank. As the air pumps are set working a partial vacuum is formed within
the tank, and as the nozzle end of the pipe is immersed into the grain
to the depth of a few inches, the air and grain are drawn in at the
mouth of the nozzle and carried along the pipe to the vacuum tank. The
natural expansion of the air then lets the grain drop to the hopper
bottom, whence it issues from an air-lock valve, while the air is drawn
away by a pipe communicating with the pumps and is thence discharged
into the open.
In the third system, or blast and suction combined, the grain is sucked
into a vacuum tank, as just described, and drops from this through
valves into a second receptacle, whence it is conveyed to any desired
point by flexible pipes. This second tank is divided into two sections
and provided with valves so that the two sections will alternately be
under the influence of blast or suction. Alternatively the grain is
discharged by an automatic valve from the vacuum tank into the second
air-tight chamber which communicates with the compressed air chamber.
From this section the grain is discharged by an outlet pipe by the
agency of compressed air. A similar system was introduced by Messrs
Haviland & Farmer, who have, however, since abandoned it on account of
difficulties connected with the application of the blast, which was
found to abrade the grain rather severely, especially at the bends in
the pipes. An even greater objection was the delivery of dust with the
grain, which made it impossible for trimmers to remain in the hold while
the elevator was at work. Messrs Haviland and Farmer now work on the
suction system, in which they claim to have introduced several
improvements, notably in regard to the purification of the air between
the vacuum chamber and the exhaustors, and in devising a new automatic
air trap.
The first pneumatic suction elevator in Great Britain was erected at the
Millwall docks (London) under the Duckham patents. At Sulina, on the
Lower Danube, a pneumatic elevator erected on the Haviland-Farmer
system, which has undergone one or two reconstructions, has been proved
capable of elevating 160 tons of grain per hour with 375 i.h.p.
The only objection to pneumatic elevators appears to be that of expense.
The cost of installation is relatively heavy, and the power required for
working is large. But in dealing with vessels carrying heavy cargoes of
grain the saving of labour and demurrage is sufficient to justify the
large outlay of capital required in ports where there is sufficient
grain traffic.
_Hot Coke Conveyors._--Hot coke is admittedly one of the most difficult
materials to handle by mechanical means, and though it might be too much
to say that all difficulties have been surmounted by the engineer, it
has, since the end of the 19th century, been more or less satisfactorily
handled by machinery. Even in a dry state coke is a troublesome material
to handle by machinery. It is of a gritty and rasping nature, and is at
the same time very friable. Unless it is gently handled, breakage is
bound to occur and to result in the making of a certain proportion of
fine dust known as "breeze." Apart from the depreciation in the value of
the coke, this breeze is a sharp, cutting material, calculated to do
considerable injury to the working parts of the conveyor, such as
chains, and to the bearings, if it can get inside. Of course the
conveying of the coke in an incandescent condition is another serious
difficulty, as this glowing material must be quenched by water, a
sufficiently delicate operation in itself. The chief use for hot coke
conveyors has been found in connexion with gas works, but attempts have
also been made to provide efficient machinery for the service of coke
ovens of great capacity.
The justification of any kind of machinery must rest on its relative
efficiency and economy. As compared with some other materials the
mechanical handling of hot coke does not realize such a striking
economy; a hot coke conveyor is expensive to build--on account of the
great wear and tear it must be very solidly constructed--and it is
costly in upkeep. Still in large gas works the use of machinery for
treating glowing coke is economically advisable. Exact calculations are
not very easy to make, because while the cost of hand labour in this
department of a gas works is accurately known, the efficiency of
different hot coke conveyors varies. G. E. Stephenson, of the Gathorn
gas works, estimated that a saving of 4¾d. per ton had been realized on
each ton of coke conveyed to the yard from the retort house, as against
the same material wheeled in barrows. This saving represented the
difference between the cost of twelve men, who formerly handled the hot
coke with shovels and barrows, and the cost of one conveyor with the
wages of one man to look after it. In an ordinary way one man would rake
out the coke from the retort mouthpiece into a barrow placed underneath,
while a second man quenched the glowing coke with buckets of water, or
better still with a hose. Then the barrow would be wheeled out into the
yard. Obviously this is a slow and relatively expensive method, apart
from the deleterious fumes arising from the quenching of the coke. Some
improvement was effected by the substitution for the old hand-barrows of
cage-like tipping trucks; these are run on narrow gauge rails out of the
retort house and the red-hot coke they contain is quenched by a copious
spray, the truck being placed the while over a grating through which the
surplus water is drained away, under an inverted funnel with an uptake
to carry away the fumes and vapours. These trucks have been hauled, in
lieu of human arms, by endless ropes or even small locomotives.
The earlier hot coke conveyors were of the _pushplate_ type. The
trough, some 27 in. wide, consisted of cast iron sections, while the
pushplates, formed of malleable castings, were attached at a pitch of
24 in. to a central chain and were pulled along on a wrought iron bar,
which could be renewed when necessary. These conveyors with a speed of
48 ft. per minute, had a capacity of some 20 tons per hour. A conveyor
constructed on these lines was installed at the Gathorn works in 1903.
The wear and tear was very great; moreover the chain, being central,
suffered severely from the hot coke, to the action of which it was
directly exposed.
The New Conveyor Company's conveyor consists of a water-tight trough
through which pass closely-fitting tray plates, attached to a single
chain. These plates are joggled down at one end to receive the flat
front part of the succeeding plate, with the aim of excluding the
breeze from the under part of the carrying plate. The chain is made
entirely of steel with side rollers attached to every third plate, the
plates, ¼ in. thick, are dished in the shape of a tray, which is less
liable to distortion (from heat) than a flat plate. The speed of
travel is about 45 ft. per minute, while the capacity when handling
coke from 20 ft. retorts is some 30 tons per hour.
A conveyor made by Messrs Graham, Morton & Co., consists of a
travelling tray, the sections of which are joined together by steel
spindles provided with a roller at each end, the latter running on
suitable rails. These sections consist of steel castings with a number
of lateral slots; thus the tray has the appearance of a travelling
grating. To receive the quenching water that escapes through the
grating a trough is placed beneath, and a scraper is used to free the
trough of the dust escaping through the grating.
[Illustration: FIG. 11.--Bronder Hot Coke Conveyor.]
An interesting conveyor is that of G. A. Bronder, of New York (fig.
11), which has some affinity with the gravity bucket conveyor. It runs
in a water-tight trough which is filled up to a certain height, the
water being slowly circulated by mechanism which resembles a water
wheel. The chain of buckets runs in the trough, the sides forming the
rails for the supporting rollers. The conveyor is covered in along its
whole length, and forms a sort of flue which is connected at each
bench with a number of shoots through which the coke drops into the
conveyor buckets. A pipe of large diameter is connected with an
exhaust fan, which draws away the fumes created by the quenching
process, and sends them into a chimney discharging into the open. The
chain and buckets, being carried on rollers which run on the outer
edge of the trough, cannot come in contact either with the hot coke
or with gritty particles. The chain of buckets is connected by
horseshoe-shaped brackets extending upwards beyond the sides of the
buckets and connected with the links of the driving chains. When the
conveyor is at work the covers of the mouth-pieces are opened and the
coke is fed into the buckets; simultaneously the water valves are
opened and the glowing coke is quenched. Any breeze which may have
fallen between the buckets is collected by a scraper and delivered
into a tank at one end, while the propeller wheel draws the water from
this tank and drives it back to the other end of the trough. The top
strand is the working strand and delivers its load at the terminal.
One important difference between an ordinary gravity bucket conveyor
and this apparatus is that the buckets are here rigidly connected to
the supporting wheels.
The West hot coke conveyor consists of a strongly-built trough in
which a single wide chain partly carries and partly drags the coke. In
the trough is a false bottom, the plates of which are loosely fixed
and kept in position by angle irons on which the chain drags. By two
arm-like extensions the links of the chain are widened right across
the trough. The pitch of the chain is 12 in., so that all the large
pieces of coke are more carried than dragged. The speed of travel is
about 40 ft. per minute.
[Illustration: FIG. 12.--Wild Coke Conveyor.]
The Wild conveyor (fig. 12) consists of a cast iron or steel trough 24
to 30 in. wide by 9 in. deep, supported by cast iron brackets to which
the rails that support the strands of the chain are secured. Both
chains run outside the trough, and are secured on either side to the
pushplates, so that only the scraper comes in contact with the hot
coke. Every second link of the 12 in. pitch chain carries a push or
scraper-plate, as shown in illustration.
The De Brouwer hot coke conveyor, which is much used in gas works both
in Great Britain and on the continent of Europe, was invented by a
Belgian engineer. Its construction has undergone many modifications
which experience has shown to be desirable. It consists of a trough of
cast or wrought iron, or mild steel, 20 to 36 in. wide and 3 to 6 in.
deep. Double endless chains run in the corners of the trough, the two
chains being connected together by round cross bars set 30 in. apart,
so as to form a sort of ladder. The hot coke is carried or dragged
along by these bars. One end of the trough is closed and the other is
bent upwards with a view to retaining the quenching water. As the hot
coke is dragged along it is subjected to the action of jets of water.
The conveyor bars, which act as scrapers, sweep the water and the coke
along the trough till the point is reached where the latter curves
upwards. Then the water flows back like a small cascade on the
half-quenched coke, which is thus thoroughly extinguished.
Considerable inclines can be negotiated with this conveyor; in some
installations on the continent of Europe angles of 30° to the
horizontal have been surmounted. In a modification of the De Brouwer
conveyor, installed at the Cassel gas works, the bars which form the
rungs of the conveyor were replaced by cast iron rakes. In another
modified form, the work of F. A. Marshall, to be found in the
Copenhagen gas works, sluices are provided for withdrawing an excess
of water at any point in the trough.
In Great Britain a hot coke conveyor has been designed on similar
lines by Messrs R. Dempster & Sons, Ltd. (fig. 13). The chains are
parallel from end to end, and are composed of identical and
interchangeable malleable cast links. Instead of the chains carrying
the rollers, as is often the case, the chains are themselves carried
and guided by flanged rollers supported from the framework. This
arrangement has the advantage of decreasing the weight of the chain,
as neither the rollers nor the lubricators have to be conveyed, being
stationary. The scrapers are of cast steel and have a rake-like shape
with a view to minimize the breakage of coke.
[Illustration: FIG. 13.--Dempster Coke Conveyor.]
The essential features in a hot coke conveyor are strength and
simplicity, a minimum of wearing parts, interchangeability of wearing
surfaces and of worn and broken parts, protection of wearing and working
parts from contact with the hot coke, and facilities for keeping the
temperature of the conveyor as even as possible, so as to avoid
distortion of parts through sudden changes. To attain these latter
conditions, it appears essential to construct conveyors of the pushplate
type. In these the hot coke is kept continually moving, and thus the
good effect is secured of heating the conveyor from end to end uniformly
and gradually. This applies particularly to gas works conveyors.
For the service of coke ovens the plate or tray conveyor might be
suitable because more gentle. It must be remembered that coke oven
conveyors must be of large capacity, and moreover in this case there is
more scope for cooling the coke in front of the oven before it is
removed to the conveyor, the work being all effected in the open.
_Elevators._--This term is here confined to its proper meaning (in
English engineering treatises) of a device for raising material in a
vertical or slanting direction by means of buckets attached to endless
belts or chains. Lifts for passengers are also sometimes termed
elevators (q.v.), and in America the term is also currently applied to
the granary or warehouse in which grain is stored (see GRANARIES).
In the bucket elevator, an endless belt or chain runs over terminal
pulleys which are fixed at different levels, the distance from centre to
centre of these pulleys beings known as the length of the elevator. The
design and construction of the elevator will be varied to suit its
purpose. Grain elevators are invariably cased in wooden or iron trunks,
and the head and foot are also of wood or iron, iron trunks being
particularly used in so-called fire-proof buildings. The trunk of the
grain elevator (fig. 14) is almost always vertical whilst the band to
which the buckets are attached may consist of leather, cotton, hemp,
webbing or other suitable substances. When an elevator is intended for
lifting heavy materials, such as coal, coke or cement, it is usually set
at a slant (figs. 15 and 16), and the endless belt is replaced by one or
two strands of endless chain which support the buckets and run over the
terminal sprocket wheels. The buckets are attached to the links of the
chains, and to prevent these heavy buckets and chains from sagging in
their inclined position, rollers or more often short skidder bars are
fixed to each bucket, sliding on well-oiled angle bars on each side of
the elevator frame.
[Illustration: FIG. 14.--Grain Elevator.]
Both grain and mineral elevators are usually fitted with tightening
gears to keep the belt or chain taut; these are generally placed at the
lower or well end so as not to interfere with the position of the upper
terminal, which is almost invariably the driven one. The tightening of
the band at the bottom terminal in the elevator well necessarily alters
the space between the terminal pulley and the bottom of the well. This
is of little consequence in grain elevators, but for elevators intended
to handle coal or any material of varying size the ordinary tightening
gear is unsuitable. In such a case the best plan is to attach the
elevator-well to the terminal in such a way as to go up or down with the
sprocket wheel when the chain is loosened or tightened, while the foot
bracket which supports the well and terminal spindle remains a fixture.
In order to tighten elevator chains without interfering with either of
the terminals, adjustable jockey pulleys at some suitable point may be
used, and the desired effect can thus be attained by pressing against
the chains and thereby taking up the slack without any interference with
either the feed or delivery end.
Elevator buckets must be proportioned to the size and nature of the
material they are intended to carry, and care must be taken to
maintain a uniform feed. This may readily be effected by adjustable
outlets and spouts for grain and the like, and by certain feeding
devices for handling minerals of uneven size. For instance, an
oscillating feed shoot making from 30 to 60 oscillations per minute
can be installed in such a case, and adjusted to deposit at each
backward and forward stroke the exact amount of material adapted to
the capacity of the elevator. The speed of the shoot will naturally
vary with the size of material to be fed. For small coal 60
oscillations would be about the correct speed; for large coal the
speed might be reduced to 30 or less. Speaking generally, care should
always be taken to prevent an undue rush of feed, that is, more than
the elevator can take up, and if tenacious materials are handled,
feeding devices should be employed provided with stirrers or agitators
that will effectually keep the material moving and prevent any larger
lumps from arching over the feed spout, and thus producing chokes.
Elevators should always be fed from that side on which the buckets
ascend, that the stream of material may meet the elevator buckets on
their upward journey. This will prevent the material from filling up
the elevator well and spare the buckets from dredging through an
accumulation of feed. Elevators erected at an incline are best fed at
a point several feet above the well into the chain of ascending
buckets, as under such conditions little will miss the buckets and
drop into the well.
The reason why grain elevators are set vertically, whereas elevators
intended to carry heavy bodies such as coal and ore are generally
inclined at an angle, is that the former can be run at a much greater
velocity than the latter. Grain, for instance, would be uninjured by a
velocity at the delivery end which would fracture coal and seriously
reduce its value, to say nothing of the dust production and the damage
which would be done to the receiving spouts and shoots. Elevators
carrying a light material can be run at a circumferential velocity of
250 to 350 ft. per minute, and if vertically set, will throw the
grain, &c., clear of the elevator into the shoot for its reception. On
the other hand, elevators handling heavy material must be set at an
angle in order to give a clear delivery at a much lower speed of 50 to
60 ft. per minute; in other words, the elevator is so inclined that
the shoot for the reception of the material can be put underneath the
delivering buckets which slowly disgorge their load. To obtain good
results, without taking up too much space, an elevator carrying heavy
material should be set at 40° to 60° to the horizontal. The same
results can be obtained if the main portion of the elevator is
vertical and only the upper portion inclined, or so curved as to bring
the delivery over the shoot. The speed at which vertical elevators
should be run will depend on the diameter of the terminal pulley, that
is, the pulley over which the buckets and bands pass. The centrifugal
force of pulleys revolving at the same speed is in direct proportion
to their diameters, and this is twice as much in a 2 ft. as in a 1 ft.
pulley. It may be taken that the centrifugal force of a pulley will
increase in proportion to the square of its velocity; hence the
centrifugal force of a pulley 2 ft. in diameter running at 50
revolutions per minute will be four times the centrifugal force of a
pulley of the same diameter making only 25 revolutions per minute. It
must not be forgotten that to effect a clean discharge of the buckets
of a vertical elevator, the centrifugal force must be sufficient to
overcome the gravity of the material, because the material thrown off
the delivery pulley in a horizontal direction will be more rapidly
deflected into a parabolic curve the higher its specific gravity. It
follows that for a specifically heavy material a greater centrifugal
force will be required; that is to say, the elevator will have to be
higher speeded than in dealing with a lighter material.
[Illustration: FIG. 15.--Mineral Elevator, upper terminal.]
Elevator buckets must be varied according to the nature of the
material; for instance, shallow buckets will be found best for a soft
and clinging material such as flour, moist sugar, sand, small coal,
&c., while for a hard or semi-hard body such as wheat, coal, &c.,
deeper buckets are preferable. On account of their lower speed,
elevators for specifically heavy material require much larger buckets
and chains than grain elevators of the same bulk capacity. The most
economical form of elevator is fitted with a continuous chain of
buckets. Such elevators may be constructed to carry either grain or
minerals. The advantages are greater capacity than an ordinary
elevator of the same dimensions and a more uniform delivery; moreover,
smoother running is secured, since the buckets being close together
need not plunge intermittently through the contents of the
elevator-well.
_Intermittent Conveyors._--The elevators we have been considering,
whether used for carrying and distributing coal or grain, have this in
common, that they raise material from a lower to a higher level, so to
speak, in a continuous stream, the continuity being broken only by the
short spaces between the buckets. In the continuous bucket type indeed
the stream of material is practically, if not absolutely, continuous. In
all these cases the elevator is fed with the material in a continuous
stream, and by some mechanical means; whether by band, worm or shoot, is
immaterial. Elevators of a somewhat different and more substantial
construction may be and are often used for handling filled sacks,
barrels, carcases of animals and other bulky objects, which cannot be
delivered in a uniform stream, but may have to be conveyed by the
elevator intermittently. The ordinary buckets used for grain or coal are
replaced by other appliances for gripping and holding the object to be
raised from a lower to a higher level, but in principle these appliances
are essentially elevators.
[Illustration: FIG. 16.--Mineral Elevator, lower terminal.]
Another kind of elevator, known as a _lift_ or _hoist_, is used in mines
and quarries and in serving blast furnaces. This is an elevator with one
or two buckets. Essentially a heavy load lifter, it is intended for
material of too large a bulk to be handled economically by ordinary
elevators, and is employed for lifting in either a vertical or, more
often, an inclined direction.
For elevating materials, such as large coal, iron ore, limestone, &c.,
which are too large to be fed into ordinary elevators, and must
therefore be handled intermittently, the single bucket elevator or hoist
may be used with advantage. But as the essential use of mechanical
appliances for handling material is to save human labour as far as
possible, that hoist will prove the most economical the operation of
which is as automatic as possible. The Americans seem to have been
pioneers in the construction of _furnace hoists_, which form the
principal elevators of this class, but some excellent examples of the
modern furnace hoist are now to be found in Great Britain and elsewhere
in Europe. Generally speaking, a furnace hoist consists of an inclined
iron bridge girder set at an angle to the upright shaft of the furnace.
On this incline are laid rails for the ascent and descent of the bucket,
which in this case is known as a skip and is provided with suitable
wheels, while the hoisting gear manipulating the skips by a steel rope
is erected on or near the ground level. The rails when they approach the
upper terminus are usually bent in a more or less horizontal position so
as automatically to tilt and thereby unload the skip. To attain the same
end, the rails supporting the back wheels of the skips may be bent at
the terminus, or the back wheels may have additional wheels of a larger
diameter on the other side of their flanges, so that during the ascent
and descent the skip runs on its four normal wheels, while at the upper
terminus the outer and larger back wheels engage with short lengths of
extra rails and thus tilt and effect the automatic clearance of the
skip. The dead weight of the skip may be balanced by a counter weight,
or double tracks may be laid, so that the empty skip descends on one
track whilst the loaded skip is being raised on the other. In this case
the distributing hopper at the top of the furnace has an elongated shape
so as to take the charges alternately from buckets on either track.
Again, the two tracks may be laid one above the other, so that one skip
runs on the upper rails and the other on the lower. The two buckets will
pass each other at about the centre of the framing, where there will be
plenty of room for clearance.
The capacity of the skip will of course depend to some extent on the
capacity of the furnace, but an average charge may be put down at 2 tons
of ore and lime, or 1 ton of coke. To raise such a charge to a furnace
80 ft. high would require, assuming no counter weight were used, a motor
of about 100 h.p. On account of the great speed at which the hoist
works, the time taken in raising the charged skip, discharging it, and
returning it empty would be only 30 to 40 seconds. The hoist cable runs
over guide pulleys placed at the top of the furnace, and the cable is
often manipulated by an electrically driven winch in a cabin below. The
descent of the empty skip in more modern installations is utilized to
effect an even distribution of the feed from the hopper to the furnace
by causing the hopper to revolve. To this end the latter is provided
with an ingenious mechanism which only comes into operation as the car
descends. After every charge shot into the hopper the latter is revolved
a few degrees, and this has the effect of giving the delivery of the
next load in another direction, so that the charges of the skip are in
turn distributed over the whole area of the surface. This is deemed a
most essential point in furnace-charging, and it is not one of the least
recommendations of this mechanical system of furnace-charging that it
can give an even feed without any hand labour whatever. A double hoist
has been designed which has the advantage that if one elevator breaks
down the work of the furnace is not interrupted. In this system two
furnaces are connected at the top by a gantry or bridge, against which,
between the furnaces, two inclined elevators are set, so that each can
serve either furnace. The skips are on wheels and detachable from the
elevator, and are loaded from the ore pockets at the lower terminal and
drawn up on a cradle; as this reaches the top where the rails on the
gantry correspond with the gauge of the skip or car, the latter is
carried by its own weight down a slight incline to either furnace,
discharging its contents as it passes over the conical mouth. Another
advantage claimed for this system is that the rails of the cradle, when
in its lowest position, correspond with the rails which lie parallel to
the furnaces and run right under the store bins from which the skip is
loaded. The economy to be realized from a furnace hoist will be in
direct proportion to the use made of mechanical means of feed
conveyance. For instance, the store bins in connexion with such
elevators might be economically fed by suitable conveyors, or the
material might be brought in self-unloading hoppered trucks into
conveniently placed bins, ready to be drawn into the skips.
_Ropeways._--A ropeway has been defined as that method of handling
material which consists of drawing buckets on ropes, and by means of
ropes, such buckets being filled with the material to be handled and
being automatically or otherwise discharged. At what period of history
ropeways were first used it is impossible to say, but the fact that
pulley blocks, and even wire ropes, were known to the ancients, renders
a pedigree of 2000 years at least possible. In more modern days, an old
engraving shows a single ropeway in working order in 1644 in the city of
Danzig. This, the work of Adam Wybe, a Dutch engineer, was a single
ropeway in its simplest form, consisting of an endless rope passing over
pulleys suspended on posts; to the rope were attached a number of small
buckets, which evidently carried earth from a hill outside the city to
the rampart inside the moat. The rope was probably of hemp. Modern
ropeways worked with wire ropes date from about 1860, when a ropeway was
erected in the Harz Mountains. Since then several systems have been
evolved, but in the main ropeways may be divided into the single and
double rope class.
The ropeway is essentially an intermittent conveyor, the material being
carried in buckets or skips, and practice has proved it an economical
means of handling heavy material. The prime cost of a ropeway is usually
moderate, though of course it varies with the ground and other local
conditions. Working expenses should be low, because under the
supervision of one competent engineer unskilled labour is quite
sufficient. A ropeway may be carried over ground over which rails could
only be laid at enormous cost. To a certain extent ropeways are
independent of weather conditions, because their working need not be
interrupted even by heavy snowfalls. Their construction is very simple,
and there is little gear to get out of order. Sound workmanship and good
material will ensure a relatively long life. As an instance, a certain
rope in a Spanish ropeway tested new to a breaking strain of 29½ tons
was shown after carrying 160,000 tons (in two years' incessant work)
still to possess a breaking strain of 27½ tons. The power absorbed by a
ropeway is relatively moderate, and under special conditions may be nil.
The only demand it makes on the superficial area of the ground traversed
is the small emplacements of the standards, which in modern ropeways are
few and far between. Wayleaves, or the permission to erect standards and
run the line over private land, may of course mean an item in the
capital outlay. This circumstance may have checked ropeway construction
in Great Britain, but it must also be borne in mind that a large portion
of that country is comparatively level and well provided with railways.
In building a ropeway it is essential to take as straight a line as
possible, because curves generally necessitate angle stations, which
mean extra capital and working cost. On the other hand, ground that
would be difficult for the railway engineer, such as steep hills, deep
valleys and turbulent streams, has no terror for the ropeway erector.
There is a case of a ropeway of a total length of 5400 ft. with a total
difference in altitude of 2000 ft.; it is claimed this ground could not
be covered by a railway with less than 15 m. of line graded at 1 in 40.
Perhaps the simplest type of a single rope system is an endless
running rope from which the carriers are suspended, and with which
they move by frictional contact. Or the carriers may be fixed to this
rope and move with it. The ropeway itself would consist of an endless
rope running between two drums, one, known as the driving drum, being
provided with power receiving and transmitting gear, while the drum at
the opposite terminal would be fitted with tightening gear. The
endless rope is carried on suitable pulleys which themselves are
supported on standards or trestles spaced at intervals varying with
the nature of the ground. The rope runs at an average speed of 4 m.
per hour, a speed at which the bucket or skip can automatically unload
itself. In the double ropeway the carrier runs on a fixed rope, which
takes the place of the rails of a railway. The carrier is fitted with
running heads furnished with grooved steel wheels. The load is borne
by a hanger pivoted from the carrier, and is conveyed along the rail
rope by an endless hauling rope at an average speed of 4 to 6 m. per
hour. The hauling is operated by driving gear at one end, and
controlled by tightening gear at the other end just as in the single
rope system. Double ropeways have been carried in one section over 18
to 20 m., and will transport single loads of 6 cwt. to a ton or more.
Broadly speaking, the single ropeway is not so suitable for heavy
loads and long distances as the double, but in this connexion the work
of Ropeways Limited should be noted, which favours a single rope
system. Their engineer, J. Pearce Roe, introduced multiple sheaves for
supporting the rope at each standard. Thus the rope may pass over one,
two or four sheaves, which are provided with balance beams that have
the advantage of adjusting themselves to the angle caused by the rope
passing over the sheaves, thus equalizing the pressure over a number
of sheaves. A ropeway erected on this system in Japan spans 4000 yds.
of very broken ground; yet only 17 trestles are used, and as each
support is placed as high as possible, no one is of great height. An
altitude of 1130 ft. is reached in a distance of 1200 yds. The ropeway
has a daily carrying capacity of 60 tons in one direction and of 30
tons in the other. Another installation on this system, which serves
an iron mine in Spain, spans 6500 yds. of very rough country, so steep
that in many places the sure-footed mule cannot keep on the track.
This ropeway can deal with 85 tons per hour. The greatest distance
covered by this system, on one section, is 7100 yds., or about 4 m.,
and the carrying capacity is 45 tons per hour.
The motive power required for a ropeway will vary with the conditions.
In cases of descending loads the power generated is sometimes so
considerable as to render it available for driving other machinery, or
it may have to be absorbed by some special brake device. In a ropeway
in Japan of 1800 yds., which runs mostly at an incline of 1 in 1½, the
force generated is absorbed by a hydraulic brake the revolving fan of
which drives the water against fixed vanes which repel and heat it. In
this way, 50 h.p. is absorbed and the speed brought under the control
of a hand brake.
_Aerial Cableways._--The aerial cableway is a development of the
ropeway, and is a conveyor capable of hoisting and dumping at any
desired point. The load is carried along a trackway consisting of a
single span of suspended cable, which covers a comparatively short
distance. The trackway may either run in a more or less horizontal
direction, i.e. the terminals may be on the same level, or it may be
inclined at such an angle that the load will descend by gravity. The
trackway or rail rope rests upon saddles of iron or hard wood on the
tops of terminal supports, usually known as towers. These towers may be
constructed either of wood or iron, and if the exigencies of the work
render it desirable, they may be mounted on trolleys and rails, in which
case the cableway is rendered portable, and can be moved about,
sometimes a great advantage in excavating work. The motive power may be
either steam, gas, or electricity. The motor is situated in what is
termed the head tower, which is sometimes a little higher than the other
or tail tower. Sometimes, but not frequently, the latter is also fitted
with a motor. The span between the two towers sometimes extends to 2000
ft., but this is exceptional. Very heavy loads are dealt with, sometimes
as much as 8 tons in a single load. The load, which may be carried in a
skip or a tray, is borne by an apparatus called the carrier, which is a
modification of a running head, consisting of pulleys and blocks and
running along the main cable or trackway. The carrier is also fitted
with pulleys or guides for the dump line. The carrier is drawn along the
main cable by an endless or hauling rope which passes from the carrier
over the head tower and is wound several times round the drum of the
winding engine to secure frictional hold, then back over the head tower,
to the tail tower, returning to the rear end of the carrier. The
hoisting rope passes from the engine to the fall block for raising the
load. The dump line comes from the other side of the winding engine drum
and passes to a smaller block attached to the rear end of the skip or
tray. The whole weight of the skip is borne by the hoisting rope, while
the dump line comes in slack, but at the same rate of speed. Whenever it
is desired to dump the load, the dump line is shifted to a section of
the drum having a slightly larger diameter, and being thus drawn in at a
higher rate of speed the load is discharged. The engine is then
reversed, and the carriage brought back for the next load.
This is in outline the mode of operating all cableways. This appliance
has rendered great service as a labour saver in navvying, quarrying and
mining work; in placer-mining, for instance, cableways have been found
very useful when fitted with a self-filling drag bucket, which will take
the place of a great number of hands. Cableways can be worked at a great
speed, but a good mean speed would be 500 to 750 ft. for conveying and
200 to 300 ft. for hoisting. A cableway used in excavating work in
Chicago was credited with a capacity of 400 to 600 cub. yds. per day at
a total cost of 2d. per yard, including labour, coal, oil, waste, &c.
_Coaling Ships at Sea._--In the coaling of ships at sea the cableway has
rendered great service. The conditions under which this operation has to
be carried out present many difficulties, especially in rough water. One
of the chief obstacles is the maintenance of the necessary tension on
the cable used in conveying the coal from the collier to the ship. The
first test in coaling ships at sea, made by the British admiralty, took
place in 1890 in the Atlantic at a point 500 m. south of the Azores in
water 2000 fathoms deep. Ten ships of war were coaled, each vessel
taking enough coal to enable it to steam back to Torbay, 1800 m. away.
In this case the collier was lashed alongside the battleship it was
feeding, thick fenders being interposed to prevent damage, but
nevertheless as the colliers got light they pitched considerably, and
one or two sustained dents in their sides. The ships did not roll, being
kept bows-on to the swell, which became heavy before the coaling was
completed. The coal was taken in by derricks at the main deck ports. It
is clear that had the sea been really rough coaling in this fashion
would have been impossible.
The most practicable method of coaling at sea yet devised is the marine
cableway of Spencer Miller, which has been tried with some success in
the American navy. It is intended for use between vessels 350 to 500 ft.
apart. The ship being coaled takes the collier in tow, steaming at the
rate of 4 to 8 knots; it has been found that a speed of five knots in
moderately rough water will keep the cableway taut and maintain a
sufficient distance between the crafts. The collier is fitted with an
engine having double cylinders and double friction drums, which is
placed just abaft the foremast. A steel rope ¾ in. in diameter is led
from one drum over a pulley at the mast head and thence to a pulley at
the head of shear-poles on the vessel being coaled, and brought back to
the other drum. The engine moves in the same direction all the time and
keeps on winding in both the strands of the conveying rope. Should the
two vessels increase the distance between them during the operation of
conveying the coal bags, of which two, weighing 420 lb each, may be
fastened to the carrier, the extra rope called for is obtained by
slipping the upper strand from the drum; this increases the speed of the
upper cable. On the other hand should the distance between the vessels
be reduced, this operation is reversed, the speed of the upper strand
being reduced. To keep the carriage steady on its return empty, a rope,
known as the sea-anchor line, is stretched above the two strands of the
conveyor line, and under a pulley on the carriage. This cable is
attached to the vessel, resting on a saddle on the shear head, whence it
leads through the carriage over pulleys at the head of the foremast and
mainmast of the collier, running on astern several hundred feet into the
sea. A drag or sea-anchor, usually made of canvas and cone-shaped, is
attached to the end of this rope. This anchor is used to support the
empty carriage on its return to the collier. The diameter of the cone's
base is graduated to the speed of the vessels. Thus in a smooth-water
test, with a ship steaming at 6 knots, one 7 ft. in diameter was used,
while the same anchor answered its purpose very well with a ship doing 5
knots in rough water.
The results given by this system of coaling at sea are relatively
satisfactory. Tests made in the United States navy showed that 20 to 25
tons of coal per hour could be delivered by a collier to a war-vessel
during a moderate gale. As the ship was under steam all the time and
consumed 3 to 4 tons of coal per hour, the balance of the coal bunkered
amounted to between 16 and 20 tons per hour, or say 384 tons in 24
hours. It has been suggested that under service conditions the speed of
the towing vessel might be increased to 8 or 10 knots an hour; this
would of course increase the coal consumption unless the collier
proceeded under her own steam. But in such a case the space between the
two crafts might be diminished, which would have the effect of causing
the cable to sag and of stopping the work, since the conveyor cable to
act properly must be kept taut. In Great Britain the Temperley
Transporter Company have taken up this method of coaling at sea, working
in collaboration with Spencer Miller, and have introduced several
improvements in detail. Their system has been tried by the British
admiralty.
The coaling of a large vessel by this appliance has the advantage of
economizing hand labour. One man is required to work the hoist on the
collier, while 20 men will be in the hold filling the bags and
delivering them to the deck, where 15 or so will transfer the bags to
the lift. One or two men suffice for the overhead work; their station is
in the trestle trees. On board the receiving ship a few men will be
stationed at the shear head to empty the bags into a canvas shoot, and
then return them, while there will be the usual force of bunker
trimmers. A ton of coal per minute has been transferred from the collier
to the vessel, but for this capacity the ships must not be too far
apart, else the rope would not remain taut under such loads. During the
Russo-Japanese War, many of the Russian battleships were coaled by means
of aerial cableways. The coaling of vessels in this manner seems a
success, but it would be desirable to increase the carrying capacity of
the cableway or to duplicate the installations.
_Telpherage._--A telpher ropeway or cableway may be defined as a ropeway
or cableway worked and controlled electrically, only a rail rope being
required besides the live rail or wire from which the electric current
is taken. Telpherage was devised by Professor Fleeming Jenkin in 1881,
and developed by him in conjunction with Professors W. E. Ayrton and J.
Perry. The telpher itself consists of a light two-wheeled truck,
carrying the driving motors, which, to avoid gearing or other
complicated mechanism, are usually coupled directly to the axles of the
telpher. Thus the telpher is a self-propelled electric carrier running
on a mono-rail, which, according to the conditions, may be a steel rail
or a steel cable. From the telpher are suspended carriers which can be
adapted to any kind of material. In many cases the whole load may be
suspended from the telpher, or the load, especially if of some length,
may be supported at one end by a telpher, and at the other end by what
is known as a trailer, or again, two telphers may be installed, one at
each end of the load. The telpher carries a small trolley sheave or bow
which serves to collect the current from a trolley wire stretched a
little above the rail. Frequently the telpher is accompanied by an
attendant who manipulates it, but by dividing the trolley wire into
sections any system of telpherage may be constructed to work
automatically, and by switching off the current from the section in
which the telpher is required to stop it can be brought to a standstill
at any required point. The speed of the telpher may be readily regulated
by the introduction of a resistance between any section of the line and
the supply of electricity. The speed may be high, as much as 1500 ft.
per minute over the straight portions of the line, but slackened at
curves and loading stations, or when approaching a terminus. The
required power may be obtained from the mains of an ordinary electric
supply with either direct or alternating current, but the former is
preferable. The mean expenditure of power in a working day is said to
average (including electrical hoisting) 1 H.P. per ton of average load.
The uses of telpherage are many and various. In factories and
warehouses, where the buildings are scattered, it has been installed
with excellent results. Being essentially an overhead system, there is a
saving of floor space, the ground not being obstructed by trucks or
trolleys. The same reasons which render ropeways an economical means of
handling such material as coal, ore, stone, slate, &c., between the mine
or quarry and the rail or barge, may be adduced in favour of telpherage.
For the unloading of railway trucks in a crowded goods-yard it is
undoubtedly applicable. Any kind of tipping or hoisting operations can
be automatically effected by its aid, and any sort of grab may be used
in dealing with such materials as sand, clay or gravel. Telpherage is
clearly a labour-saving method of handling materials, but of course the
exact conditions under which any system is to be used need careful
study, while the economy to be effected by the installation of a telpher
line must to a great extent depend upon the available supply of
electrical energy. (G. F. Z.)
FOOTNOTE:
[1] The illustrations in this article are taken, by kind permission,
from the _Proceedings of the Institution of Civil Engineers_.
CONVOCATION (Lat. _convocatio_, a calling together), an assembly of
persons met together in answer to a summons. The term is more usually
applied in a restricted sense to assemblies of the clergy or of the
graduates of certain universities.
In the American Protestant Episcopal Church a convocation is a voluntary
deliberative conference of the clergy; it has no legislative function,
and like the convocation of a university, assembles primarily to discuss
matters of common interest.
In England the name "convocation" is specifically given to an assembly
of the spirituality of the realm of England, which is summoned by the
metropolitan archbishops of Canterbury and of York respectively, within
their ecclesiastical provinces, pursuant to a royal writ, whenever the
parliament of the realm is summoned, and which is also continued or
discharged, as the case may be, whenever the parliament is prorogued or
dissolved. These assemblies consist of two Houses, an upper and lower.
In the upper house sit the archbishops and bishops, and in the lower the
deans and archdeacons of every cathedral, the provost of Eton College,
with one proctor elected by each cathedral chapter and two by the
beneficed clergy in each diocese in the province of Canterbury (in the
province of York two proctors are elected by each archdeacon), with a
prolocutor at their head. When and how this convocation originated is
not historically clear. This much is known from authentic records, that
the present constitution of the convocation of the prelates and clergy
of the province of Canterbury was recognized as early as in the eleventh
year of the reign of Edward I. (1283) as its normal constitution; and
that in extorting that recognition from the crown, which the clergy
accomplished by refusing to attend unless summoned in lawful manner
(_debito modo_) through their metropolitan, the clergy of the province
of Canterbury taught the laity the possibility of maintaining the
freedom of the nation against the encroachments of the royal power. It
had been a provision of the Anglo-Saxon period, the origin of which is
generally referred to the council of Clovesho (747), that the
possessions of the church should be exempt from taxation by the secular
power, and that it should be left to the benevolence of the clergy to
grant such subsidies to the crown from the endowments of their churches
as they should agree to in their own assemblies. It may be inferred,
however, from the language of the various writs issued by the crown for
the collection of the "aids" voted by the _Commune Concilium_ of the
realm in the reign of Henry III., that the clergy were unable to
maintain the exemption of church property from being taxed to those
"aids" during that king's reign; and it was not until some years had
elapsed of the reign of Edward I. that the spirituality succeeded in
vindicating their constitutional privilege of voting in their own
assemblies their free gifts or "benevolences," and in insisting on the
crown observing the lawful form of convoking those assemblies through
the metropolitan of each province.
The form of the royal writ, which it is customary to issue in the
present day to the metropolitan of each province, is identical in its
purport with the writ issued by the crown in 1283 to the metropolitan of
the province of Canterbury, after the clergy of that province had
refused to meet at Northampton in the previous year, because they had
not been summoned in lawful manner; whilst the mandates issued by the
metropolitans in pursuance of the royal writs, and the citations issued
by the bishops in pursuance of the mandates of their respective
metropolitans, are identical in their purport and form with those used
in summoning the convocation of 1283, which met at the New Temple in the
city of London, and voted a "benevolence" to the crown, as having been
convoked in lawful manner. The existing constitution of the convocation
of the province of Canterbury--and the same observation will apply to
that of the province of York--in respect of its comprising
representatives of the chapters and of the beneficed clergy, in addition
to the bishops and other dignitaries of the church, would thus appear to
be of even more ancient date than the existing constitution of the
parliament of the realm.
Contest between spirituality and crown.
From this period down to the eleventh year of the reign of Edward III.
there were continual contests between the spirituality of the realm and
the crown,--the spirituality contending for their constitutional right
to vote their subsidies in their provincial convocations; the crown, on
the other hand, insisting on the immediate attendance of the clergy in
parliament. The resistance of the clergy to the innovation of the
"praemunientes" clause had so far prevailed in the reign of Edward II.
that the crown consented to summon the clergy to parliament through
their metropolitans, and a special form of provincial writ was for that
purpose framed; but the clergy protested against this writ, and the
struggle was maintained between the spirituality and the crown until
1337 (11 Edward III.), when the crown reverted to the ancient practice
of commanding the metropolitans to call together their clergy in their
provincial assemblies, where their subsidies were voted in the manner as
accustomed before the "praemunientes" clause was introduced. The
"praemunientes" clause, however, was continued in the parliamentary
writs issued to the several bishops of both provinces, whilst the
bishops were permitted to neglect at their pleasure the execution of the
writs.
Five characteristic periods.
The history of the convocation of the province of Canterbury, as at
present constituted, is full of stirring incidents, and it resolves
itself readily into five periods. The first period, by which is meant
the first period which dates from an epoch of authentic history, is the
period of its greatest freedom, but not of its greatest activity. It
extends from the reign of Edward I. (1283) to that of Henry VIII. The
second period is the period of its greatest activity and of its greatest
usefulness, and it extends from the twenty-fifth year of the reign of
Henry VIII. to the reign of Charles II. The third period extends from
the fifteenth year of the reign of Charles II. (1664) to the reign of
George I. This was a period of turbulent activity and little usefulness,
and the anarchy of the lower house of convocation during this period
created a strong prejudice against the revival of convocation in the
mind of the laity. The fourth period extends from the third year of the
reign of George I. (1716) to the fifteenth year of the reign of Queen
Victoria. This was a period of torpid inactivity, during which it was
customary for convocation to be summoned and to meet _pro forma_, and to
be continued and prorogued indefinitely. The fifth period may be
considered to have commenced in the fifteenth year of the reign of Queen
Victoria (1852).
First period.
During the first of the five periods above mentioned, it would appear
from the records preserved at Lambeth and at York that the metropolitans
frequently convened congregations (so called) of their clergy without
the authority of a royal writ, which were constituted precisely as the
convocations were constituted, when the metropolitans were commanded to
call their clergy together pursuant to a writ from the crown. As soon,
however, as King Henry VIII. had obtained from the clergy their
acknowledgment of the supremacy of the crown in all ecclesiastical
causes, he constrained the spirituality to declare, by what has been
termed the Act of Submission on behalf of the clergy, that the
convocation "is, always has been, and ought to be summoned by authority
of a royal writ"; and this declaration was embodied in a statute of the
realm (25 Henry VIII. c. 19), which further enacted that the convocation
"should thenceforth make no provincial canons, constitutions or
ordinances without the royal assent and licence." The spirituality was
thus more closely incorporated than heretofore in the body politic of
the realm, seeing that no deliberations on its part can take place
unless the crown has previously granted its licence for such
deliberations. It had been already provided during this period by 8
Henry VI. c. 1, that the prelates and other clergy, with their servants
and attendants, when called to the convocation pursuant to the king's
writ, should enjoy the same liberty and defence in coming, tarrying and
returning as the magnates and the commons of the realm enjoy when
summoned to the king's parliament.
Second period.
Sheldonian compact.
The second period, which dates from 1533 to 1664, has been distinguished
by four important assemblies of the spirituality of the realm in
pursuance of a royal writ--the two first of which occurred in the reign
of Edward VI., the third in the reign of Queen Elizabeth, and the fourth
in the reign of Charles II. The two earliest of these convocations were
summoned to complete the work of the reformation of the Church of
England, which had been begun by Henry VIII.; the third was called
together to reconstruct that work, which had been marred on the
accession of Mary (the consort of Philip II. of Spain), whilst the
fourth was summoned to re-establish the Church of England, the framework
of which had been demolished during the great rebellion. On all of these
occasions the convocations worked hand in hand with the parliament of
the realm under a licence and with the assent of the crown. Meanwhile
the convocation of 1603 had framed a body of canons for the governance
of the clergy. Another convocation requires a passing notice, in which
certain canons were drawn up in 1640, but by reason of an irregularity
in the proceedings of this convocation (chiefly, on the ground that its
sessions were continued for some time after the parliament of the realm
had been dissolved), its canons are not held to have any binding
obligation on the clergy. The convocations had up to this time
maintained their liberty of voting the subsidies of the clergy in the
form of "benevolences" separate and apart from the "aids" granted by the
laity in parliament, and one of the objections taken to the proceedings
of the convocation of 1640 was that it had continued to sit and to vote
its subsidies to the crown after the parliament itself had been
dissolved. It is not, therefore, surprising on the restoration of the
monarchy in 1661 that the spirituality was not anxious to retain the
liberty of taxing itself apart from the laity, seeing that its ancient
liberty was likely to prove of questionable advantage to it. It voted,
however, a benevolence to the crown on the occasion of its first
assembling in 1661 after the restoration of King Charles II., and it
continued so to do until 1664, when an arrangement was made between
Archbishop Sheldon and Lord Chancellor Hyde, under which the
spirituality silently waived its long-asserted right of voting its own
subsidies to the crown, and submitted itself thenceforth to be assessed
to the "aids" directly granted to the crown by parliament. An act was
accordingly passed by the parliament in the following year 1665,
entitled An act to grant a Royal Aid unto the King's Majesty, to which
aid the clergy were assessed by the commissioners named in the statute
without any objection being raised on their part or behalf,[1] there
being a proviso that in so contributing the clergy should be relieved of
the liability to pay two subsidies out of four, which had been voted by
them in the convocation of a previous year. In consequence of this
practical renunciation of their separate _status_, as regards their
liability to taxation, the clergy have assumed and enjoyed in common
with the laity the right of voting at the election of members of the
House of Commons, in virtue of their ecclesiastical freeholds.
The most important and the last work of the convocation during this
second period of its activity was the revision of the Book of Common
Prayer which was completed in the latter part of 1661.
Third period.
Claim of Lower House to sit independently.
Bangorian controversy.
Fourth period.
Fifth period.
The Revolution in 1688 is the most important epoch in the third period
of the history of the synodical proceedings of the spirituality, when
the convocation of Canterbury, having met in 1689 in pursuance of a
royal writ, obtained a licence under the great seal, to prepare certain
alterations in the liturgy and in the canons, and to deliberate on the
reformation of the ecclesiastical courts. A feeling, however, of panic
seems to have come over the Lower House, which took up a position of
violent antagonism to the Upper House. This circumstance led to the
prorogation of the convocation and to its subsequent discharge without
any practical fruit resulting from the king's licence. Ten years elapsed
during which the convocation was prorogued from time to time without any
meeting of its members for business being allowed. The next convocation
which was permitted to meet for business, in 1700, was marked by great
turbulence and insubordination on the part of the members of the Lower
House, who refused to recognize the authority of the archbishop to
prorogue their sessions. This controversy was kept up until the
discharge of the convocation took place concurrently with the
dissolution of the parliament in the autumn of that year. The
proceedings of the Lower House in this convocation were disfigured by
excesses which were clearly violations of the constitutional order of
the convocation. The Lower House refused to take notice of the
archbishop's schedule of prorogation, and adjourned itself by its own
authority, and upon the demise of the crown it disputed the fact of its
sessions having expired, and as parliament was to continue for a short
time, prayed that its sessions might be continued as a part of the
parliament under the "praemunientes" clause. The next convocation was
summoned in the first year of Queen Anne, when the Lower House, under
the leadership of Dean Aldrich, its prolocutor, challenged the right of
the archbishop to prorogue it, and presented a petition to the queen,
praying her majesty to call the question into her own presence. The
question was thereupon examined by the queen's council, when the right
of the president to prorogue both houses of convocation by a schedule of
prorogation was held to be proved, and further, that it could not be
altered except by an act of parliament. During the remaining years of
the reign of Queen Anne the two Houses of convocation were engaged
either in internecine strife, or in censuring sermons or books, as
teaching latitudinarian or heretical doctrines; and, when it had been
assembled concurrently with parliament on the accession of King George
I., a great breach was before long created between the two houses by the
Bangorian controversy. Dr Hoadly, bishop of Bangor, having preached a
sermon before the king, in the Royal Chapel at St James's Palace in
1717, against the principles and practice of the nonjurors, which had
been printed by the king's command, the Lower House, which was offended
by the sermon and had also been offended by a treatise on the same
subject published by Dr Hoadly in the previous year, lost no time in
representing the sermon to the Upper House, and in calling for its
condemnation. A controversy thereupon arose between the two houses which
was kept up with untiring energy by the Lower House, until the
convocation was prorogued in 1717 in pursuance of a royal writ; from
which time until 1861 no licence from the crown was granted to
convocation to proceed to business. During this period, which may be
regarded as the fourth distinguishing period in the history of the
convocations of the Church of England, it was usual for a few members of
the convocation to meet when first summoned with every new parliament,
in pursuance of the royal writ, for the Lower House to elect a
prolocutor, and for both houses to vote an address to the crown, after
which the convocation was prorogued from time to time, pursuant to royal
writs, and ultimately discharged when the parliament was dissolved.
There were, however, several occasions between 1717 and 1741 when the
convocation of the province of Canterbury transacted certain matters, by
way of consultation, which did not require any licence from the crown,
and there was a short period in its session of 1741 when there was a
probability of its being allowed to resume its deliberative functions,
as the Lower House had consented to obey the president's schedule of
prorogation; but the Lower House having declined to receive a
communication from the Upper House, the convocation was forthwith
prorogued, from which time until the middle of the 19th century the
convocation was not permitted by the crown to enjoy any opportunity even
for consultation. The spirituality at last aroused itself from its long
repose in 1852, and on this occasion the Upper House took the lead. The
active spirit of the movement was Samuel Wilberforce, bishop of Oxford,
but the master mind was Henry Phillpotts, bishop of Exeter. On the
convocation assembling several petitions were presented to both houses,
praying them to take steps to procure from the crown the necessary
licence for their meeting for the despatch of business, and an address
to the Upper House was brought up from the Lower House, calling the
attention of the Upper House to the reasonableness of the prayer of the
various petitions. After some discussion the Upper House, influenced
mainly by the argument of Henry, bishop of Exeter, consented to receive
the address of the Lower House, and the convocation was thereupon
prorogued, shortly after which it was discharged concurrently with the
dissolution of parliament. On the assembling of the next convocation of
the province of Canterbury, no royal writ of exoneration having been
sent by the crown to the metropolitan, the sessions of the convocation
were continued for several days; and from this time forth convocation
may be considered to have resumed its action as a consultative body,
whilst it has also been permitted on more than one occasion to exercise
its functions as a deliberative body. In 1865, under licence from the
crown, the Convocations of Canterbury and York framed new canons in
place of the 36th, 37th, 38th and 40th canons of 1603, and amended the
62nd and 102nd canons in 1888. In 1872 convocation was empowered by
letters of business from the crown to frame resolutions on the subject
of public worship, which resolutions were afterwards incorporated in the
Act of Uniformity Amendment Act 1872.
As a deliberative body, convocation has done much useful work, but it
suffers considerably from its unrepresentative nature. The non-beneficed
clergy still remain without the franchise, but the establishment of
Houses of Laymen (see LAYMEN, HOUSES OF) for both provinces has, to a
certain extent, secured the co-operation of the lay element. Several
attempts have been made to promote legislation to enable the
convocations to reform their constitutions and to enable them to unite
for special purposes; in 1905 a bill was introduced into the House of
Lords. It did not, however, get beyond a first reading. In 1896 a
departure was made in holding joint sessions of both convocations, in
conjunction with the two Houses of Laymen, for consultative purposes.
This body is now termed the Representative Church Council, and it
adopted a Constitution in November 1905. All formal business is
transacted in the separate convocations. It is usual for convocation to
meet three times a year.
The order of convening the convocation of the province of Canterbury
is as follows. A writ issues from the crown, addressed to the
metropolitan archbishop of Canterbury, commanding him "by reason of
certain difficult and urgent affairs concerning us, the security and
defence of our Church of England, and the peace and tranquillity,
public good and defence of our kingdom, and our subjects of the same,
to call together with all convenient speed, and in lawful manner, the
several bishops of the province of Canterbury, and deans of the
cathedral churches, and also the archdeacons, chapters and colleges,
and the whole clergy of every diocese of the said province, to appear
before the said metropolitan in the cathedral church of St Paul,
London, on a certain day, or elsewhere, as shall seem most expedient,
to treat of, agree to and conclude upon the premises and other things,
which to them shall then at the same place be more clearly explained
on our behalf." In case the metropolitical see of Canterbury should be
vacant, the writ of the crown is addressed to the dean and chapter of
the metropolitical church of Canterbury in similar terms, as being the
guardians of the spiritualities of the see during a vacancy. Thereupon
the metropolitan, or, as the case may be, the dean and chapter of the
metropolitical church, issue a mandate to the bishop of London, as
dean of the province, and if the bishopric of London should be vacant,
then to the bishop of Winchester as subdean, which embodies the royal
writ, and directs the bishop to cause all the bishops of the province
to be cited, and through them the deans of the cathedral and
collegiate churches, and the archdeacons and other dignitaries of
churches, and each chapter by one, and the clergy of each diocese by
two sufficient proctors, to appear before the metropolitan or his
commissary, or, as the case may be, before the dean and chapter of the
metropolitical church or their commissary, in the chapter-house of the
cathedral church of St Paul, London, if that place be named in the
mandate, or elsewhere, with continuation and prorogation of days next
following, if that should be necessary, to treat upon arduous and
weighty affairs, which shall concern the state and welfare, public
good and defence of this kingdom and the subjects thereof, to be then
and there seriously laid before them, and to give their good counsel
and assistance on the said affairs, and to consent to such things as
shall happen to be wholesomely ordered and appointed by their common
advisement, for the honour of God and the good of the church.
The provincial dean, or the subdean, as the case may be, thereupon
issues a citation to the several bishops of the province, which
embodies the mandate of the metropolitan or of the dean and chapter of
the metropolitical church, as the case may be, and admonishes them to
appear, and to cite and admonish their clergy, as specified in the
metropolitical mandate, to appear at the time and place mentioned in
the mandate. The bishops thereupon either summon directly the clergy
of their respective dioceses to appear before them or their
commissaries to elect two proctors, or they send a citation to their
archdeacons, according to the custom of the diocese, directing them to
summon the clergy of their respective archdeaconries to elect a
proctor. The practice of each diocese in this matter is the law of the
convocation, and the practice varies indefinitely as regards the
election of proctors to represent the beneficed clergy. As regards the
deans, the bishops send special writs to them to appear in person, and
to cause their chapters to appear severally by one proctor. Writs also
go to every archdeacon, and on the day named in the royal writ, which
is always the day next following that named in the writ to summon the
parliament, the convocation assembles in the place named in the
archbishop's mandate. Thereupon, after the Litany has been sung or
said, and a Latin sermon preached by a preacher appointed by the
metropolitan, the clergy are praeconized or summoned by name to appear
before the metropolitan or his commissary; after which the clergy of
the Lower House are directed to withdraw and elect a prolocutor to be
presented to the metropolitan for his approbation. The convocation
thus constituted resolves itself at its next meeting into two houses,
and it is in a fit state to proceed to business.
The constitution of the convocation of the province of York differs
slightly from that of the convocation of the province of Canterbury,
as each archdeaconry is represented by two proctors, precisely as in
parliament formerly under the Praemunientes clause.
There are some anomalies in the diocesan returns of the two
convocations, but in all such matters the _consuetudo_ of the diocese
is the governing rule.
BIBLIOGRAPHY.--Wilkins, _Concilia Magnae Britannia et Hiberniae_ (4
vols. folio, 1737); Gibson, _Codex Juris Ecclesiastici Anglicani_ (2
vols. folio, 1713); Johnson, _A Collection of all the Ecclesiastical
Laws, Canons and Constitutions of the English Church_ (2 vols. 8vo,
1720); Gibson, _Synodus Anglicana_ (8vo, 1702, re-edited by Dr Edward
Cardwell, 8vo, 1854); Shower, _A Letter to a Convocation Man
concerning the Rights, Powers and Privileges of that Body_ (4to,
1697); Wake, _The Authority of Christian Princes over their
Ecclesiastical Synods asserted, occasioned by a late Pamphlet
intituled A Letter_ _to a Convocation Man_ (8vo, 1697); Atterbury,
_The Rights, Powers and Privileges of an English Convocation stated
and vindicated in answer to a late book of Dr Wake's_ (8vo, 1700);
Burnet, _Reflections on a Book intituled The Rights, Powers and
Privileges of an English Convocation stated and vindicated_ (4to,
1700); Kennet, _Ecclesiastical Synods and Parliamentary Convocations
of the Church of England historically stated and justly vindicated
from the Misrepresentation of Mr Atterbury_ (8vo, 1701); Atterbury,
_The Power of the Lower House of Convocation to adjourn itself_ (4to,
1701); Gibson, _The Right of the Archbishop to continue or prorogue
the whole Convocation_ (4to, 1701); Kennet, _The Case of the
Praemunientes_ (4to, 1701); Hooper, _The Narrative of the Lower House
vindicated from the Exceptions of a Letter, intituled The Right of the
Archbishop to continue or prorogue the Convocation_ (4to, 1702);
Atterbury, _The Case of the Schedule stated_ (4to, 1702); Gibson, _The
Schedule Reviewed, or the Right of the Archbishop to continue or
prorogue the whole Convocation, cleared from the Exception of a late
Vindication of the Narrative of the Lower House, and of a Book
intituled The Case of the Schedule stated_ (4to, 1702); Hody, _A
History of the English Councils and Convocation, and of the Clergy's
sitting in Parliament_ (8vo, 1702); Wake, _The State of the Church and
Clergy of England in their Councils, Synods, Convocations,
Conventions, and other Public Assemblies, occasioned by a book
intituled The Rights, Powers and Privileges of an English Convocation_
(fol., 1703); Burnet, _History of His Own Time_ (2 vols, folio, 1734),
re-edited by Dr Martin J. Routh (6 vols. 8vo, 1833); Hallam,
_Constitutional History of England_ (3 vols. 8vo, 1832); Cardwell,
_Documentary Annals of the Reformed Church of England_ (2 vols.,
1839); Cardwell, _A History of Conferences and other Proceedings
connected with the revision of the Common Prayer_ (8vo, 1841);
Cardwell, _Synodalia, a Collection of Articles of Religion, Canon and
Proceedings of Convocation in the Province of Canterbury_ (2 vols.
8vo, 1842); Lathbury, _A History of the Convocation of the Church of
England_ (2nd ed., 8vo, 1853); Trevor, _The Convocation of the two
Provinces_ (8vo, 1852); Pearce, _The Law relating to Convocations of
the Clergy_ (8vo, 1848); _Synodalia_, a Journal of Convocation,
commenced in 1852 (8vo); _The Chronicle of Convocation_, being a
record of the proceedings of the Convocation of Canterbury, commenced
in 1863 (8vo). (T. T.; T. A. I.)
FOOTNOTE:
[1] It had always been the practice, when the clergy voted their
subsidies in their convocation, for parliament to authorize the
collection of each subsidy by the same commissioners who collected
the parliamentary aid.
CONVOLVULACEAE, a botanical natural order belonging to the series
Tubiflorae of the sympetalous group of Dicotyledons. It contains about
40 genera with more than 1000 species, and is found in all parts of the
world except the coldest, but is especially well developed in tropical
Asia and tropical America. The most characteristic members of the order
are twining plants with generally smooth heart-shaped leaves and large
showy white or purple flowers, as, for instance, the greater bindweed of
English hedges, _Calystegia sepium_, and many species of the genus
_Ipomaea_, the largest of the order, including the "convolvulus major"
of gardens, and morning glory. The creeping or trailing type is a common
one, as in the English bindweed (_Convolvulus arvensis_), which has also
a tendency to climb, and _Calystegia Soldanella_, the sea-bindweed, the
long creeping stem of which forms a sand-binder on English seashores; a
widespread and efficient tropical sand-binder is _Ipomaea Pes-Caprae_.
One of the commonest tropical weeds, _Evolvulus alsinoides_, has
slender, long-trailing stems with small leaves and flowers. In hot dry
districts such as Arabia and north-east tropical Africa, genera have
been developed with a low, much-branched, dense, shrubby habit, with
small hairy leaves and very small flowers. An exceptional type in the
order is represented by _Humbertia_, a native of Madagascar, which forms
a large tree. The dodder (q.v.) is a genus (_Cuscuta_) of leafless
parasites with slender thread-like twining stems. The flowers stand
singly in the leaf-axils or form few or many flowered cymose
inflorescences; the flowers are sometimes crowded into small heads. The
bracts are usually scale-like, but sometimes foliaceous, as for instance
in _Calystegia_, where they are large and envelop the calyx.
The parts of the flower are in fives in calyx, corolla and stamens,
followed by two carpels which unite to form a superior ovary. The
sepals, which are generally free, show much variation in size, shape and
covering, and afford valuable characters for the distinction of genera
or sub-genera. The corolla is generally funnel-shaped, more rarely
bell-shaped or tubular; the outer face is often marked out in
longitudinal areas, five well-defined areas tapering from base to apex,
and marked with longitudinal striae corresponding to the middle of the
petals, and alternating with five non-striated weaker triangular areas;
in the bud the latter are folded inwards, the stronger areas being
exposed and showing a twist to the right. The slender filaments of the
stamens vary widely, often in the same flower; the anthers are linear
to ovate in shape, attached at the back to the filament, and open
lengthwise. Some importance attaches to the form of the pollen grains;
the two principal forms are ellipsoidal with longitudinal bands forming
the _Convolvulus_-type, and a spherical form with a spiny surface known
as the _Ipomaea_-type. The ovary is generally two-chambered, with two
inverted ovules standing side by side at the inner angle of each
chamber. The style is simple or branched, and the stigma is linear,
capitate or globose in form; these variations afford means for
distinguishing the different genera. The fruit is usually a capsule
opening by valves; the seeds, where four are developed, are each shaped
like the quadrant of a sphere; the seed-coat is smooth, or sometimes
warty or hairy; the embryo is large with generally broad, folded,
notched or bilobed cotyledons surrounded by a horny endosperm. _Cuscuta_
has a thread-like, spirally twisted embryo with no trace of cotyledons.
[Illustration: _Convolvulus sepium_, slightly reduced.
1. Flower cut vertically.
2. Fruit, slightly reduced.
3. Seed cut lengthwise showing embryo.
4. Embryo taken out of seed.
5. Horizontal plan of arrangement of flower.]
The large showy flowers are visited by insects for the honey which is
secreted by a ring-like disk below the ovary; large-flowered species of
_Ipomaea_ with narrow tubes are adapted for the visits of honey-seeking
birds.
The largest genus, _Ipomaea_, has about 400 species distributed
throughout the warmer parts of the earth. _Convolvulus_ has about 150 to
200 species, mainly in temperate climates; the genus is principally
developed in the Mediterranean area and western Asia. _Cuscuta_ contains
nearly 100 species in the warmer and temperate regions; two are native
in Britain.
The tubers of _Ipomaea Batatas_ are rich in starch and sugar, and, as
the "sweet potato," form one of the most widely distributed foods in the
warmer parts of the earth. Several members of the order are used
medicinally for the strong purging properties of the milky juice (latex)
which they contain; scammony is the dried latex from the underground
stem of _Convolvulus Scammonia_, a native of the Levant, while jalap is
the product of the tubercles of _Exogonium Purga_, a native of Mexico.
Species of _Ipomaea_ (morning glory), _Convolvulus_ and _Calystegia_ are
cultivated as ornamental plants. _Convolvulus arvensis_ (bindweed) is a
pest in fields and gardens on account of its wide-spreading underground
stem, and many of the dodders (_Cuscuta_) cause damage to crops.
CONVOY (through the Fr. from late Lat. _conviare_, to go along with,
from Lat. _cum_, with, and _via_, way; "convey" has the same ultimate
origin [see CONVEYANCE], neither word being connected, as has sometimes
been supposed, with Lat. _convehere_, to carry together), a verb and
noun now almost exclusively used in military and naval parlance. As a
verb it signifies in the first instance to accompany or to escort; and
in the 17th century we even hear of cavalry "convoying" infantry, but
its meaning was soon complicated by the growing use of the word "convey"
in the sense of "to carry," and as the usual task of an escort was that
of accompanying and protecting vehicles containing supplies, the noun
"convoy" (Fr. _convoi_) was introduced and has thenceforward in land
warfare meant a train of vehicles containing stores for the use of
troops and its guard or escort. Sometimes even the word is found in the
meaning of the train of vehicles without implying that there is an
escort, so far has the original meaning become obscured; but the idea of
military protection is always present, whether this protection is given
by a separate escort or provided by the weapons of the drivers
themselves.
In naval warfare the term is used to describe a method adopted for
defending merchant ships against capture. It was usually applied to the
vessels to be protected--as for example "the Baltic convoy," or "Captain
Montray's convoy." Until the 17th century the English term was "to waft"
and the warship employed to guard the traders on their way was called "a
wafter." The practice of sailing in convoy for mutual protection was
common in the middle ages, when all ships were more or less armed and
the war vessel was not entirely differentiated from the trader. Thus the
ships of the great German confederation of cities known as the Hanseatic
League were required to sail in convoy. So were the six trading
squadrons which sailed yearly from Venice. The masters of all the
vessels were required to obey the authority of an officer who had the
general command. In the 16th century the Spanish trade with America was
compelled by law to sail in convoys (_flotas_), in order to avoid the
danger of capture by pirates to which single ships were exposed. In the
17th and 18th centuries the use of convoy was universal. Dutch, French
or British ships were collected at a rendezvous, and were accompanied by
warships till they reached the point at which they were compelled to
separate in order to go to their various destinations. The main danger
was near the enemy's ports. An example of the way the duty was
discharged may be found in the Newfoundland convoy. They sailed from
England under the direction of a naval officer and the protection of his
ships, commonly a forty- or fifty-gun ship with a smaller vessel in
attendance. The convoy sailed to the banks of Newfoundland. When they
had filled up with stock fish, they were escorted across the Atlantic by
the same officer. He accompanied those of them bound to the
Mediterranean to the port of Leghorn, and, when they had unloaded and
reloaded, saw them home. All cases were not so simple. The ships engaged
in the East and West India trade, for instance, sailed together. In the
Channel they were protected by the main strength of the fleet. When
beyond the Scilly Islands they were left to the care of a smaller force,
and continued together till in the neighbourhood of Madeira, when they
separated. Convoys were subject to attack in two forms, by strong
squadrons which overpowered the guard, and by privateers, corsairs and
isolated cruisers. This latter peril was much increased in the case of
British commerce by the reluctance of the merchant captains to obey the
naval officers. They were very much inclined to separate from the convoy
as they approached their destination in the hope of forestalling rivals.
As a natural consequence they were frequently captured by hostile
privateers. French naval officers had authority and large powers of
punishment over merchant skippers. The British naval officers had not.
In 1803-34, on the renewal of the war with France, the British
government saw the necessity for regulating convoy more strictly than
had hitherto been the case. It therefore passed "an act for the better
protection of the trade of the United Kingdom during the present
hostilities with France." By this act (the 43rd Geo. III. Cap. 57) all
vessels not exempted by special licence were required to sail in convoy
and to conform to strict regulations, under penalties of £1000 (or, when
the goods included government stores, of £1500) and the loss of all
claim to insurance in case of capture. (D. H.)
The object of convoying is to attach an official public character to the
convoyed ships, i.e. a sort of assimilation of them to the escorting
ship or ships of war. Thus European states and jurists hold that the
declaration of the commander of the convoy, that there is no contraband
of war on board the convoyed ships, pledges the national good faith, and
must be assumed to be correct in the same way as it is assumed that the
convoy itself is carrying no contraband of war. Great Britain has never
taken this view. Down to 1907 she had maintained that it is materially
impossible for any neutral state to exercise the necessary supervision
to secure absolute accuracy of the ship's papers. Number 29, however, of
the instructions given by the government to the British
plenipotentiaries at the Hague Conference of 1907 stated that "H.M.
government would ... be glad to see the right of search limited in every
practicable way, e.g. by the adoption of a system of consular
certificates declaring the absence of contraband from the cargo...." As
the greater includes the smaller, we may assume that, if a consular
certificate might suffice to exempt from the exercise of search, the
state guarantee of a convoy would certainly suffice. The London
Convention on the Laws and Customs of Naval War has laid down the rules
as to convoys in the following terms:
Neutral vessels under national convoy are exempt from search. The
commander of a convoy gives, in writing, at the request of the
commander of a belligerent warship, all information as to the
character of the vessels and their cargoes, which could be obtained by
search.--Art. 61.
If the commander of the belligerent warship has reason to suspect that
the confidence of the commander of the convoy has been abused, he
communicates his suspicions to him. In such a case it is for the
commander of the convoy alone to investigate the matter. He must
record the result of such investigation in a report, of which a copy
is handed to the officer of the warship. If, in the opinion of the
commander of the convoy, the facts shown in the report justify the
capture of one or more vessels, the protection of the convoy must be
withdrawn from such vessels.--Art. 62. (T. BA.)
CONVULSIONS, the pathological condition of body associated with
abnormal, violent and spasmodic contractions and relaxations of the
muscles, taking the form of a fit. Convulsions may be a symptom
resulting from various diseases, but the term is commonly restricted to
the infantile variety, occurring in association with teething, or other
causes which upset the child's nervous system. The treatment (plunging
into a hot bath, or administration of chloroform) must be prompt, as
convulsions are responsible for a large part of infant mortality.
The name "Convulsionaries" (Fr. _Convulsionnaires_) was given to certain
Jansenist fanatics in France in the 18th century, owing to the
convulsions, regarded by them as proofs of divine inspiration, which
were the result of their religious ecstasies (see JANSENISM). The term
"Convulsionists" is sometimes applied to them, as also, more loosely, to
other religious enthusiasts who exhibit the same symptoms.
CONWAY, HENRY SEYMOUR (1721-1795), English field marshal and statesman,
was the second son of Francis Seymour, of Ragley, Warwickshire, who took
the name of Conway on succeeding to the estates of the earl of Conway in
1699 and was created Baron Conway in 1703 (see SEYMOUR or ST MAUR).
Henry Seymour Conway's elder brother, Francis, 2nd Baron Conway, was
created marquess of Hertford in 1793; his mother was a sister of Sir
Robert Walpole's wife, and he was therefore first cousin to Horace
Walpole, with whom he was on terms of intimate friendship throughout his
life. Having entered the army at an early age, Conway was elected to the
Irish parliament in 1741 as member for Antrim, which he continued to
represent for twenty years; in the same year he became a member of the
English House of Commons, sitting for Higham Ferrers in
Northamptonshire, and he remained in parliament, representing
successively a number of different constituencies, almost without
interruption for more than forty years. Meantime he saw much service in
the army abroad, where he served with conspicuous bravery and not
without distinction. In 1745 he became aide-de-camp to the duke of
Cumberland in Germany, and was present at Fontenoy; in the following
year he had command of a regiment at Culloden. In 1755 he went to
Ireland as secretary to the lord-lieutenant, a position which he held
for one year only; and on his return to England he received a court
appointment, having already been promoted major-general. In 1757 he was
associated with Sir John Mordaunt in command of an abortive expedition
against Rochfort, the complete failure of which brought Conway into
discredit and involved him in a pamphlet controversy. In 1759 he became
lieutenant-general, and served under Prince Ferdinand of Brunswick in
the campaigns of 1761-1763. Returning to England he took part in the
debates in parliament on the Wilkes case, in which he opposed the views
of the court, speaking strongly against the legality of general
warrants. His conduct in this matter highly incensed the king, who
insisted on Conway being deprived of his military command as well as of
his appointment in the royal household. His dismissal along with other
officers was the occasion of another paper controversy in which Conway
was defended by Horace Walpole, and gave rise to much constitutional
dispute as to the right of the king to remove military officers for
their conduct in parliament--a right that was tacitly abandoned by the
Crown when the Rockingham ministry of 1765 reinstated the officers who
had been removed.
In this ministry Conway took office as secretary of state, with the
leadership of the House of Commons. In the dispute with the American
colonies his sympathies were with the latter, and in 1766 he carried the
repeal of the Stamp Act. When in July of that year Rockingham gave place
to Chatham, Conway retained his office; and when Chatham became
incapacitated by illness he tamely acquiesced in Townshend's reversal of
the American policy which he himself had so actively furthered in the
previous administration. In January 1768, offended by the growing
influence of the Bedford faction which joined the government, Conway
resigned the seals of office, though he was persuaded by the king to
remain a member of the cabinet and "Minister of the House of Commons."
When, however, Lord North became premier in 1770, Conway resigned from
the cabinet and was appointed to the command of the royal regiment of
horse guards; and in 1772 he became governor of Jersey, the island being
twice invaded by the French during his tenure of command. In 1780 and
1781 he took an active part in opposition to Lord North's American
policy, and it was largely as the result of his motion on the 22nd of
February in the latter year, demanding the cessation of the war against
the colonies, when the ministerial majority was reduced to one, that
Lord North resigned office. In the Rockingham government that followed
General Conway became commander-in-chief with a seat in the cabinet; and
he retained office under Shelburne when Rockingham died a few months
later. On Pitt's elevation to the premiership, Conway supported Fox in
opposition; but after the dissolution of parliament in 1784 he retired
from political life. He was made field marshal in 1793, and died at
Henley-on-Thames on the 9th of July 1795. Conway married in 1747
Caroline, daughter of General Campbell (afterwards duke of Argyll), and
widow of the earl of Aylesbury. He had one daughter, Anne, who married
John Darner, son of Lord Milton, and who inherited a life interest in
Strawberry Hill under the will of Horace Walpole.
Conway was personally one of the most popular men of his day. He was
handsome, conciliatory and agreeable, and a man of refined taste and
untarnished honour. As a soldier he was a dashing officer, but a poor
general. He was weak, vacillating and ineffective as a politician,
lacking in judgment and decision, and without any great parliamentary
talent. In his later years he dabbled in literature and the drama, and
interested himself in arboriculture in his retirement at
Henley-on-Thames.
See Horace Walpole, _Letters_, edited by P. Cunningham (9 vols.,
London, 1857), many of the letters being addressed to Conway; _Memoirs
of the Last Ten years of the Reign of George II._ (2 vols., London,
1822); _Memoirs of the Reign of George III._, edited by Sir D. le
Marchant (4 vols., London, 1845); _Journal of the Reign of George
III._, 1771-1783 (2 vols., London, 1859). See also the duke of
Buckingham and Chandos, _Memoirs of the Court and Cabinets of George
III._ (4 vols., London, 1853). Much information about Conway will also
be found in the biographies of his leading contemporaries, Rockingham,
Shelburne, Chatham, Pitt and Fox. (R. J. M.)
CONWAY, HUGH, the nom-de-plume of FREDERICK JOHN FARGUS (1847-1885),
English novelist, who was born at Bristol on the 26th of December 1847,
the son of an auctioneer. He was intended for his father's business, but
at the age of thirteen joined the training-ship "Conway" in the Mersey.
In deference to his father's wishes, however, he gave up the idea of
becoming a sailor, and returned to Bristol, where he was articled to a
firm of accountants till on his father's death in 1868 he took over the
family business. While a clerk he had written the words for various
songs, adopting the nom-de-plume Hugh Conway in memory of his days on
the training-ship. Mr Arrowsmith, the Bristol printer and publisher,
took an interest in his work, and Fargus's first short story appeared in
_Arrowsmith's Miscellany_. In 1883 Fargus published through Arrowsmith
his first long story, _Called Back_, of which over 350,000 copies were
sold within four years. A dramatic version of this book was produced in
London in 1884, and in this year Fargus published another story, _Dark
Days_. Ordered to the Riviera for his health, he caught typhoid fever,
and died at Monte Carlo on the 15th of May 1885. Several other books
from his pen appeared posthumously, notably _A Family Affair_.
CONWAY, MONCURE DANIEL (1832-1907), American clergyman and author, was
born of an old Virginia family in Stafford county, Virginia, on the 17th
of March 1832. He graduated at Dickinson College in 1849, studied law
for a year, and then became a Methodist minister in his native state. In
1852, owing largely to the influence of Ralph Waldo Emerson, his
religious and political views underwent a radical change, and he entered
the Harvard Divinity School, where he graduated in 1854. Here he fell
under the influence of "transcendentalism," and became an outspoken
abolitionist. On his return to Virginia this fact and his rumoured
connexion with the attempt to rescue the fugitive slave, Anthony Burns,
in Boston aroused the bitter hostility of his old neighbours and
friends, and in consequence he left the state. In 1854-1856 he was
pastor of a Unitarian church at Washington, D.C., but his anti-slavery
views brought about his dismissal. From 1856 to 1861 he was a Unitarian
minister in Cincinnati, Ohio, where, also, he edited a short-lived
liberal periodical called _The Dial_. Subsequently he was an editor of
the _Commonwealth_ in Boston, Mass., and wrote _The Rejected Stone_
(1861) and _The Golden Hour_ (1862), both powerful pleas for
emancipation. In 1862-1863, during the Civil War, he lectured in England
in behalf of the North. From 1863 to 1884 he was the minister of the
South Place chapel, Finsbury, London; and during this time wrote
frequently for the London press. In 1884 he returned to the United
States to devote himself to literary work. In addition to those above
mentioned, his publications include _Tracts for To-day_ (1858), _The
Natural History of the Devil_ (1859), _Testimonies Concerning Slavery_
(1864), _The Earthward Pilgrima
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