Nugent Robinson.

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personal estate by will is eighteen years for males and
sixteen for females.

A will must be made in writing and subscribed with
the testator's name, unless the person be prevented from
so doing by the extremity of his last illness, in which
case his name may be figned in his presence, and by
his express direction. But in such a case the statute
requires that the writer shall also affix his own name as
a witness, or incur a penalty of fifty dollars.

A will requires at least two attesting witnesses.

The form of a will is not material, provided it maid*
fests, in a sufficiently clear manner, the intention of
the testator. He may put it in any language he may

A will may be revoked at any time by the testator.

It may be revoked as follows:

First. — By subeeouent instrument. A second will
nullifies a former will, providing it contains words ex-
pressly revoking it, or that it makes a different and in-
compatible disposition of the property.

Second. — ^By the destruction of thejwilL

Third. — B^ marriage. Marriage, and the birth of a
child after the execution of a will, is a presumptive
revocation of such will, provided wife and child are
left unprovided for.

An unmarried woman^s will is annulled by her mar-
riage. She may make a deed of settlement of her
estate, however, before marriage, empowering her to
retain the right to make a will after marriage.

Children bom after the execution of the will, an4 in
the ^fetime of the father, ^i\\ inherit at the death of
the testator in the same manner as if he ha4 died with-
out making a will.

Fourth. — By alteration of estate. Any alteration of
the estate or interest of the testator in the property
devised, implies a revocation of the wilL

A sale of the devised property, or a valid agreement
to sell it, is a legal revocation of such wilL

A codicil, so far as it may be inconsistent with the
will, works a revocation.

A subsequent will, duly executed, revokes all former
wills, though no words to that effect may be used.

Property cannot be devised to corpora^ona, unless
such corporations are expressly authorized to receive
bequests by their charters.

A will should ^ot be written by a legatee or devisee,
nor shou)4 cither of them, or an executor, or any one
interested in the will be called upon to witness such

Married women are noiif enabled to devise real esute
in the same manner and with the like effect as if they
were unmarried.

And no person having a husband, wife, cldld or
parent shall, by bis or her last will and testament de-

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^ise or beqneath to any beneTolent, charitable, literary,
fldentific, religious, or missionary society, association
or corporation, in trost or otherwise, more than one-
half part of his or her estate, after the payment of his
or her debts, and any such devise or bequest «hall be
▼alid to the extent of one-half and no more.

Every citizen of the United States may take lands by

And any person may take personal property by be-
quest under any will, except a witness thereto.


An marriages, births, and deaths are required by law
to bA vecorded, within a given time.

Of these the death record is the only one, as a rule,
that is kept with measurable accuracy. The authorities
are extremely careful that no body be interred without
special permusion, and due certificate as to death,
eause of death, Ac Births are only partially reported,
and though failure to report tb« fact to the Board of
Statistics by one or all of those present at the birth is
punishable under the law as a misdemeanor, the authori-
ties, in many of our cities, wink at such delinquencies,
although it is on record that fines have been imposed on
physicians and others for violation of the code in this
regard. But burial permits, procured for the removal
of the body of the deceased person, can only be granted
and signed by the Register of Records. No permits can
be procured without a proper certificate from the phy-
sician who attended the case. In the event of sudden,
violent, or suspicious death, whether with or without
the attendance of a physician, the Coroner steps in and
fubpcsnas a ** properly qualified physician,'^ to view the
body of the deceased persons, or, if necessary, to make
an autopsy thereon.

No master of a ferryboat or public conveyance may
earry the body of a deceased person without presenta-
tion of the death certificate, duly signed, and the same
rule applies to those in charge of the burial ground.

The statistics cover every . detail, regarding the
Tarious diseases causing death, the times and the seasons
in which death occurs; and in the case of birth, the
parentage, whether native or foreign bom, black,
white, or particolored, together with the place of birth,
the father and mother^s names, the mother^s maiden
name, the birthplace (County or State) of the father
and mother, their age and occupation, the number of the
child, whether first, second, &c. New York is less ac-
curate in its birth returns than any other city in the
Union, only 65 per cent, of the births b. ing reported.
Massachusetts is the most exacting and accurate of any
of the States in the matter of the registering of births.

Where a tenant hires rooms from another the relation

of landlord and tenant is formed with certain corre-
sponding rights aiid privileges. If the hiring be by
the month, the tenant may leave when the month ex-
pires, without inctirring any new liabiliiy. In such a
case the landlord has the liberty of terminating the
tenancy at the end of the month, and the power to dis-
possess the tenant, upon giving the latter five days^
written notice that unless the tenant removes at the
end of the month the landlord wiU resort to proceed-
ings to dispossess him.

If the hiring be by the year, the same corresponding
rights and privileges attach, excepting that th^ five
days' preliminary notice need not be given to the yearly
tenant. If the hiring is by the year, the tenant cannot
be dispossessed until the year expires, if the rent be
paid in the meantime.

The difficulties tenants often experience arise from a
misunderstanding of the nature of their hiring — that ia.
while they frequently regard it as by the year, ^hn lana^
lord regards it as by the month If the coon happens
to agree with the landlord, in his construction with the
hirinnc, the tenant must go; and in this respect the
landlord has the advantage; tenements are gCLenujy
hired by the month, at a monthly rental, and the printed
receipt given provides that *'the letting is by the
month only.^ These circumstances tend to corroborate
the landlord in his theory, which accounts for the fact
that landlords generally succeed in their construction of
those agreements.

If the tenant, instead of accepting these receipt? pro-
viding that the hiring is '* by the month only/' ^. dl get
the landlord to leave that provision ont^ nis chances of
remaining for the year are improved; and if he can in*
duce the landlord to insert in the receipt the words,
'Hhe hiring is for one year.'* his possession for that
time is cQsured. 'Where a tenant hires by the month
and remains in possession alter the expiration of the
month, the landlord has an option either to treat the
tenant as a tresspasser or as a tenant for a renewed term
of one month. He may treat him as a tresspasser by
dispossessing him, or as a tenant for a new term of
one month by accepting the second mouth's rent.

In this way these monthly tenancies are sometime*
continued for months, when all of a sudden they a&«
brought to a close by five day's notice from the land-
lord that the tenant must remove at the end of the

If the hiring is by the month, it matters not what the
landlord's reason for terminating it may be, the law
gives him a legal right to bring it to a close, and his
motive for so doing becomes immaterial.

The only way for a tenant to protect himself from
this risk is by written agreement, specifying distinctly
that he hires by the year, or by a receipt signed by the
landlord or his agent, indicating in substance the

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thing, or bj an oral nndentanding, had in presence
of witnesses, that the hiring is by the year, and for the
tenant to refuse to accept receipts indicating that the
hiring is by the month only.

Leases for one year or less need no written agree-
ment Leases for more than a year mnst be in writins:;
if for life, signed, sealed and witnessed in the same
manner as any other document.

Leases for oyer three years mnst be recorded. No
particnlar form is necessary.

In the city of New York, when the dontion of the
oocnpation is not specified, the agreement shall be held
Tabd antil the first day of the May following the occu-
pation under such agreement.

A landlord can no longer distress for rent in New
York, nor has any lien on the goods and chattels of the
tenant for rent due. Rent may be collected by action
after the remoral of the tenant.

A tenant is not responsible for taxes, unless it is so
stated in the lease.

A lease falling into the hands of a party aoddentallj
would be invalid, and must, in all cases, be deliyere^
to the party for whom it is intended.

The tenant may underlet as much of the property as
he may desire, unless it is expressly forbidden in the
lease. Tenants at will cannot underlet.

A lease made by a minor is not binding after the
minor has attained his majority. But it binds the
lessee, unless the minor should release him. Should the
minor receive rent after attaining his majority, the
lease will be thereby ratified. A lease giyen by a
guardian will not extend beyond the majority of the
ward. A new lease randen yoid a former lease.

In case tli«3re are no writings the tenancy begins from
the day possession is taken; where there are writings
and the time of commencement is not stated, the
tenancy will be held to commence from the date of said

If a landlord consents to receire a substitota^ tfM
former tenant is thereby releasedi

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E starting for the first time as a

3tor most be stmck by the extreme

tlicity of the material and the ease

, which the mdiments of the art are

e learnt A lamp of soft clay, a

d to put it upon, and a few wooden

tools of most simple shapes — these, and

a bit of sponge, and your own fingers are really all

that is necessary to produce a result When the result

has been attained, and the work has been modelled,

then no doubt there are a few things to learn to enable

you to transpose your work—wbich now exists in soft

material — ^into a hard and more dorable substance,

either into stone, plaster, or terra cotta. There is no

good in disguising the fact that to carre properly, a

strong arm and a firm grasp are required, and that is

not consistent with a woman^s more delicate frame.

8ht may console herself though with the refiection that

there are many man sculptors who do not do their own

carving, so she will not be exceptional if she employs

help to perform that part for which she is not fitted.

In earlier days it would have been almost impossible
for ladies to taJce up the profession of a sculptor, as we
have reason to belieye that the clay model was much
less depended upon, the statue in marble being worked
from small sketches or models, and not so elaborately
pointed up, or so dependant for its general form upon
mechanism as now. With all this great difference it is
•till a pity for a man who is able, not to carve or finish
his marble work himself, and In fact our best work has
been produced by the sculptor's own chisel; it is, how-
ever, considered legitimate help, and a lady would be
perfectly Justified in employing assistance in that
branch of the art.

You will find that although the rudiments are so
easily learned, the art of modelling will not appear so
1V7 M^y; >ad ^ y^^ ^^^^ your work, you will find

there is more and more to learn, and the knowledge
will gradually dawn upon you that sculpture is not
merely a copy of what yon see, but rather a free trans-
lation. It is easier certainly to produce a show in this
art than in painting, that is, it requires a less skilled
artist to reach to a certain point in the one than in the
other; but that being the case, it is equally certain that
it requires greater art to put indiyiduality into sculpt-
ure than into painting, and to touch the deeper chords
of human nature, for that which helps you at the com-
mencement of your career, namely, the simplicity of
your materials, impedes you as you march onward, and
makes it very difficult for you to impress your thoughts
into it. You have form, and form alone, to deal with,
color being entirely excluded. (The question of poly-
chromy Is not alluded to here, as the color employed by
the Greeks was especially unrealistic and decoratiye
in iu character.) Bcnlptnre, therefore, is one step
further off life than her sister art, and it requires more
imagination both to enjoy it thoroughly and to practice
it to perfection*

To prove that form is more rarely appreciated than
color, we would instance the general opinion of faces
that we meet at an assembly. Ask why a certain face
pleases more than another, and the answer will be
generally one based on complexion and expression
rather than on form. Now complexion is impossible to
render in sculpture, and in the power of expression the
art is exceedingly limited ; the subtle changings, the ex»
quisite language of the eye, being entirely outside tlm
province of sculpture.

We will assiune now that you are not troubling your*
self about the limits of a sculpture^s art, that you are
not going into the abstruse question of Lessing's
Lacoon, about what can and what cannot be done« nor
are dreaming at present of ranking with Fnidiaa,
Ifichael Angelo, and the other giants, but arc simply

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taxioiis to do joor little in the modeller's art, and would
be glad if all unneceasary difficulties were cleared for

A few fdoms may be oseftd at starting.

1. Do not be afraid of making a moss; the corollary
natqraUy foUowi, do not ^ork on a carpeted 0oor, or
mother and aonts will '* go '* for yoa with righteous in-
digna^on; therefore select a room where yoa can do as
yoa HJce^ see only that it has a good light, either a high
■Ide-^ht (blocking out the lower) or a skylight, the
forme^ (teing better because less flattering to your work ;
•iooi|} to the north or north-east is preferable in order
to avoid the snn.

SL If ork with soft clay, and hare a sponge by your
side \o keep your Angers from sticking, and let the clay
yqu put on be softer than that on which yoa work.
The principle of modelling, as opposed to canring, is,
tl^at ^ the first you pat on, and in the lat^r yoa ta^e

9. Use your fingers as much as yoa can, and let your
tools be as simple as possible — more like a continuation
of fingers, as if Nature had pn>vided you with two or
three smaller and larger ones, (jet them bo slightly
curved. Just as your fiugers when muc)) osed, will of
themselves assume a backward fur^.

4. Be sure you consider the q^est^on of weight and
|»alance when arranging your supports, or one fine
morning you may see your work, w^en far advanced,
lying on the floor. If you anticipate baking when the
work is done, you must either have no supports at all,
or place them in such a manner, that you can easily re-
move them when the clay is tolerably hard, without in-
juring the surface of your work.

5. All clay bakes, some harder than otbcrs, but te^
cotta merely means baked clay.

6* In working from life, depend as little as possible
opon measurements; rely upon the eye, and so culti-
vate it.

•« These few precepts in the memory see thou char-
acter," to quote the wordly-wise Po|onius.

in working from life yoi^ sl^ould also try to have your
iUler very mucl^ in the same light |s yqur work, for
fight and shade are most important factors, and you will
fib4 ^^^^ ^^^ relative proportions of shadow were won-
derfolly understood in the best Qree^ work, and in fact
Id all good work, two equal shadows never being near
to each other.

In addition to clay, you can also use wax for mo^el-
ttug\ it has the advantage of being much cleaner, but
gtm we should not recommend it, as clay admits of
freer and quicker work, and the end is attained with
more facility. English clay bakes about the same color
as when moist. The French is dark grey, and bakes a
light reddish hue. Besides the essentials^ clay, tools,
and a board — ^you will find it more convenient to have a

proper s^nd, or banker, as it is called, with a revolving
top, so that you may easily turn yo\if model around, for
it is most important not \o wor^ ^00 long at one view^-
it is the fault of a painter when first learning to modeL

Your sitters, too, yon should pm^e as coinfortablo s*
you can, so that yon are not worried by their not heing
at their ease; an offic^ revolvinj^ chair on a raised dais
is perhaps the ^st contriyance vou haye while model-
ling in the round, to take relief into consideration, bat
this though often tried at starting, we should not rec-
ommend at first. It has difficulties of its own, which,
when understood, might hamper you when afterward
modelling from the round. These difficulties of treat-
ment would be soon overcome when yon had learned how
to model at alL

One great advantage a sculptor h^s over a paints is
that he can take advantage of artificial lighting. We
can thus throw the light where we will; (or, altboo^
work will, and should, look better in a certain light, it
should not loo^ wrong in any. It does not matter very
much what you choose to model first: no doubt you will
select someUiing difficult, but will soon discard it for
some more simple form. A foot, or a hand, whether
antique or cast from life are as ^oo4 as anything, or a
face where the planes are simple and broadly marked.
For the foot or hand you would probably require no
support at all; for the heads just an upright stick fast-
ened well Into 9 {>oard, or bat, as we call it, that is,
two boards each about eighteen inches or two feet square,
fixed at two sides with two-inch space between, one
above ^he other, parallel, so that you have room to
place your tools in between. When you have the sap-
port ready, build your work m to ^he f>at^ keeping tiie
upright well in the middle, so as not to let it protrnde
at the neck or elsewhere. Keep your work clean-look-
ing and simple, the planes all distinctly marked, and
particularly avoi4 all details and sharp cuttings ontO
you have the general form rig^itly set in. It is good not
to be always too near your wor^ Continually place
your model and work together, so as to compare them,
remembering to have them a^ the same angle to the
light. You will understand by this thaf it ia seldom
you can sit to your work. "^Then wording keep damp
cloths over your work, and do not let the cloths touch
the more important surfaces.

If you should intend that your clay ^podel should |p>
to the kiln to be baked, there are two or threeparticalan
you must carefully attend to. In the first phu^ see that
your clay is quite clean, from lime, plaster or atone, as
the presence of any of these is sufficient to burst yoor
work and make pieces fly. Secondly, before sending it
away from your studio, see that your work is perfectly
dr^ It is only through non-attention in these matters
that much of be^nner*s work is spoiled in the firing; it
is seldom the fault of the potter. A small filgore can be

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baked solid, but a larger one should always be hollowed
out, as there is much more room for air to play round it
If you hollow it out, take care that there are a few small
boles— in unimportant places where they would not be
seen— to allow of escape of air. The hollowing out
should be done when the clay is totally hard, but before
it is quite dry. It is better to build up your work sol-
idly and hollow it out afterward, than to hollow it out
from the first. The latter c^ be done, but the diflcul-
tiet necessitated by it are apt \o distract your attention
from your chief object, as very great oars would be re-
quired to put the model together. The question of sap-
ports has been referred to. Most busts you can build up
without tffLj support at all; and (o^ statuettes you can
generally arrange a support t^t cap readily b^ removed
when the clay becomes of sufficient consistency to stand
alone. Take care, also, that the clay is well kneaded,
so that it holds together, and that ^ete are no air-holes

You can never be quite sure of the color when baked,
as that depends a little upon the surro^ndings of your
work in the kiln, nor can you always aroid slight

There is another important point to remember about
terra cotta. As clay naturally shrinks when drying, you
must allow for it If you should want your work, when
finished, to be of a certain size, one-tenth is generally
allowed— a little more or less would depend upon the
degree of moisture that is in the clay, but it is seldom
necessary to be so very particular.

There are drawbacks to terra cotta, but it is well to
know that terra cotta can be repaired. A thin coat of
distemper or paint will hide the cracks, although it also
slightly hides the more delicate modelling, so it is not
therefore to be recommended for finer work— better
•how the cracks.

If you douH intend to haye your work baked, but to
have it cast in plaster preparatory for bronze or marble,
you need not be so careful in preparing your clay,
neither need you consider your supports except for their
strength and position. Do not attempt to cast your
work yourself, for it requires some little skill to mix the
plaster, and there are men (moulders) who make it their
vocation — only caution them that you want your work
returned to you exactly as you left i^ otherwise you
may find your surfaces all gone and worked out, or fin-
ished according to the moulder^s notion.

These remarks will assist those who migbt try to
sao4el onaidedi but if you get to like tl^e work, and

would wish to succeed, you should take a f^ 1
from an expert, so as to be guided In your progress.

In modelling, remember always that you iiava (nenkf
form to deal with, but you f^ave, if modelling a bast| to
give the impression of the]iead a^id not a copy of it, and
this is where the art of the scf^^ptor is called into play.

In sculpture yon cannot give ^p color to the eye; yoa
cannot give eyelashes, nor the ^eness of the hair^
all these points so important in life— so you must exe-
cute your work that none of these spedaUies ihoibd be
missed. '* How is Hhis to be done ! *' you will aslL In
a "great measure it must be left to you to decide^ to foor
own feeling and individuality. There are several ways of
interpreting life, and several scfiool^ forj^^ on ^eN
ways of execution, and a sc^ptor is perhaps the |a|S
person to recommend one way or the other, as, if he
loves his art, he has become a specialist himself, ana
would unintentionally direct you towards his own way
of interpretation. He can teach jov^ to see nature, it is
true, but can only teach you to re^ider it in Ms own
way — ^he is not able to say yhich is tbe right way, mo}^
ably there isn't one; it is only a matter of (pe];ng.

The destination of ^ wor^ aa well f^ ^fie subject itfel|>
are most important factorf^ in 4etermining the treatn)en|jl

We will refer to one or two ways of tr^atipcnt faj
instance, in the eyea the Greeks lef( the pupils blan^
but they gathered shadow by sinking the whole eye, an^
generally making the lower eyelid (peeper than the upper.
We modems usually cut in th^ p^pi^ and ieftve ikp m
where nature placed it, convent^onalizix^g the pfipil mo^
Perhaps the former ^^y is more suitable for ideal v^or^.
and the latter for portrait and cfoarftcter. The 4i^r
vantage of the lat^r way \s that \t if more ^epepd^f
for its true effect upon the )igh| ^ ^bic^ it ^y ^
placed. The Boman work is marked W{^^ ^ ^t WM
way as our own, only not so deep^.

Whilst speaking of the antique ^e fHFt^W l^^lfffsA
a too free use of it Students genefsUy f|QTi)|pf!)jpgffKjy(^
and they stop there so long, that the ^o^^^gMffll ^ f(U

Online LibraryNugent RobinsonCollier's cyclopedia of commercial and social information and treasury of ... → online text (page 139 of 148)