THE SURPLUS INCOME OF A LUNATIC. 493 man would be, so it might be able, on the other hand, to improve on his morals. Yet, so far it has not attempted to do so. Not the least interesting thing in this whole bit of law is the glimpse which it gives us of our friend, the Average, Reasonable, Prudent Man. In negligence cases his prudence has been a re- proach to us all. We know that his investments as a trustee have been wise beyond reproach. We have seen with wonder that " his conduct under given circumstances is . . . always the same." ^ But here he is spending his income, and here, therefore, for once we feel that he stands before us as a brother. There is something refreshing in the way in which we hear of his opinion of first cousins. " South of the Tweed," says Sir George Jessel, it is not to be " presumed that it is a matter of interest to him what becomes of his first cousins." They may go to the poor-house.^ William G. Thompson. Richard W. Hale. 1 Holmes, Com. Law, iii. 2 Compare Code Nap. § 510. Les revenus d'un interdit doivent 6tre essentiellement employes adoucir son sort, et accelerer sa guerison. § 511. Lorsqu'il sera question du mariage de I'enfant d'un interdit, la dot ou I'avancement d'hoirie (advancement of heir's portion) et les autres conventions matrimoniales seront regies par un avis du conseil de famille, homologue par le tribunal, sur les conclusions du procureur du Roi. See Tripier's edition of the Codes. •
