LEGAL GLEANINGS.

Sticklers for their rights or fancied rights are rarely deterred from

trying legal conclusions with an adversary by reason of the game not

being worth the candle. In 1819 the Master of the Rolls delivered

judgment in a case he described as the most difficult one he had ever

been called upon to decide; a case which had been before the court for

ten years, and cost each side some four thousand pounds; the matter in

dispute being the ownership of a couple of perches of land of the value

of ten pounds.

Not long ago a traveller by a London tram-car refused, ‘from

principle,’ to pay his fare of two-pence until he arrived at the end

of his journey; and a magistrate sympathising with him, dismissed the

summons obtained by the Company. The latter appealed to the Court of

Queen’s Bench, and got the case remitted to the police court; the

upshot being that the traveller was fined one shilling, and had to pay

the costs incurred by the Company, amounting to something like fifty

pounds!

To pay for defeat is bad enough, but to win and yet lose by victory

is certainly worse. A gentleman once spent two thousand pounds in

establishing his claim to compensation for an infraction of his rights,

and then was awarded one hundred and ten pounds by the assessor of the

damages.—Nor, if his time was of any value to him, did a labourer,

seeking to recover ten shillings from an innkeeper for refusing to

supply him with refreshment, find himself the richer for invoking the

aid of the law. Going into a public-house, he called for half a pint

of ‘four-half,’ for which he put down his penny; but mine host refused

to serve him, so that he was compelled to go farther, to a house on

the opposite side of the street, where they sold beer that ‘did not

suit him so well.’ For this he claimed damages in the county court, and

got them, the judge giving him one shilling.—But more unfortunate was

a Yorkshire wight who won his cause and two shillings damages at York

assizes, but had to go to prison for his own costs.

Something said by a frank-speaking witness in a case tried by Lord

Mansfield impelled his lordship to remark: ‘You have said the parish

funds are often imprudently applied, and you have mentioned that you

once served as churchwarden yourself. If you have no objection, I

should wish to hear what was done with the money at that time?’

‘Why, my lord,’ said the farmer, ‘the money was worse applied when I

was churchwarden than ever I knew it to be in my life.’

‘Indeed,’ said the judge; ‘I should be glad to know how?’

‘Well, my lord, I will tell you,’ replied the witness. ‘A gentleman

left a hundred and twenty pounds to the poor of our parish. We applied

for it again and again; but it wouldn’t do: the executors, the lawyers,

and one and another were glad to keep the money in their hands; for

you know, my lord, it is an old saying, that might can overcome right.

We did not know what to do. I came to your lordship—then Counsellor

Murray—for advice, and you advised us to file a bill in Chancery. We

did so; and after throwing a great deal of good money after bad, we

got what they call a decree; and such a decree it was, that when all

expenses were paid, I reckon we were about a hundred and seventy-five

pounds out of pocket. Now, my lord, I leave you to judge whether the

parish money was not worse employed when I was churchwarden than ever

it was before.’ Lord Mansfield thought it might have been used to

better profit.

When a man makes a formal contract he should be sure it is one the law

will recognise. A would-be Benedict of Hancock, Ohio, offered fifty

dollars reward to any one who would procure him ‘a wife.’ Sam Wickham

introduced a bewitching widow, and the wedding soon came off. Then

Wickham wanted the dollars; but the happy man would not pay. His plea

perhaps was that he had got a widow and not a wife. Sam brought an

action for the money, and lost it, and as he paid his lawyer’s bill,

solemnly abjured the wife-procuring business henceforth for evermore.—A

year or two ago, one Thomas Clegg sued Charles Derrick in the Rochdale

county court upon the following bill of particulars: ‘For finding a

husband valued at fifty pounds, commission five per cent. per annum;

two pounds ten shillings.’ The plaintiff deposed that the wife of

the defendant, when a single woman, contracted with him to get her a

husband, saying, she was twenty-six, not married yet, and feared she

never would be; and if he would get Derrick to marry her, she would

pay him five per cent. upon fifty pounds a year. He brought the pair

together, and considered that the husband was bound to fulfil the

wife’s agreement. But Mr Clegg learned that a contract to procure

marriage between two parties for reward was altogether illegal, and

could not be sustained.

As regards matrimonial contracts, the sexes are assuredly not on an

equality. When Miss Roxalana Hoonan sued Mr Earle for breach of promise

in a Brooklyn court, she admitted the gentleman had never promised

marriage by his hand or tongue, but he had kissed her in company;

and Judge Neilson told the jury that no interchange of words was

necessary, ‘the gleam of the eye and the conjunction of the lips being

overtures when frequent and protracted;’ and thus directed, they made

the defendant pay fifteen thousand dollars for heedlessly indulging in

eye-gleams and lip-conjunctions.

Extreme explicitness would seem to be required when trafficking with

Frenchmen. In 1870, a lady purchased two hundred pounds’ worth of

jewellery in Paris, the jeweller giving her a written promise to

exchange the articles if not approved. She wore them for half-a-dozen

years, and then intimated to the astonished man her desire to change

them for others of newer style. He naturally demurred, arguing, as his

advocate urged before the civil tribunal, that it was unreasonable

that he should be called upon to accept at the price originally paid

for them, trinkets that had been used constantly for six years. The

court nevertheless decided that the agreement did not define the period

during which the exchange might be made, and he must do his customer’s

bidding. This might be law; equity it certainly was not. As we write,

a case of a very similar kind has just been decided in London against

Mr Streeter, the well-known jeweller, who, having promised to take back

a diamond ring if not approved of, was obliged to do so, though his

customer had retained it for three years.

Sharp practice is not always so successful. A gentleman took railway

tickets for himself, his servants, and his horses. After the passengers

were seated, it was found expedient to divide the train, the gentleman

being in the first part. When the second train was about to start,

the cry was ‘Tickets, please.’ The servants having none, they and the

horses were turned out of their places and left behind. The gentleman

sued the Company. The latter brought forward their by-law setting

forth that no passenger would be allowed to enter a carriage without

having first obtained a ticket, to be produced on demand. The court

very properly over-ruled the plea, deciding that by delivering the

tickets to the master, and not to the servants severally, the Company

had contracted with him personally, and could not justify their failure

to carry out the contract they had made. This was perhaps just, but

we should advise that in all such cases each passenger should have

possession of his own ticket.

Hood once figured in a court of law as a defendant in an action for

libel, the plaintiff being Sir John Carr, author of _The Stranger in

Ireland_, _The Stranger in France_, and other tedious books of travel.

Appended to the poet’s _My Pocket-book, or Hints for a right merrie

and conceited Tour, in Quarto, to be called the Stranger in Ireland

in 1805_, was a sketch entitled ‘The Knight leaving Ireland with

regret.’ This was the libel, being, as Sir John or his legal aid put

it, ‘a certain false, scandalous, malicious, ridiculous, and defamatory

representation of the said Sir John Carr, in the form of a man of

ludicrous and ridiculous appearance, holding a pocket-handkerchief to

his face, and appearing to be weeping, and also containing therein a

false, malicious, and ridiculous representation of a man of ridiculous

and ludicrous appearance following the said representation of the

said John Carr, and loaded with and bending under the weight of

three large books, and a pocket-handkerchief appearing to be held

in one of the hands of the representation of a man, and the corners

thereof appearing to be tied together as if containing something

therein, with the printed word _wardrobe_ depending therefrom; thereby

falsely and maliciously meaning and intending to represent, for the

purpose of rendering the said Sir John Carr ridiculous, and exposing

him to laughter, ridicule, and contempt, that one copy of the said

first above-mentioned book, and two copies of the said secondly

above-mentioned book, were so heavy as to cause a man to bend under the

weight thereof, and that his the said Sir John Carr’s wardrobe was very

small, and capable of being contained in a pocket-handkerchief.’ Spite

of this precise specification of the offence committed by the pencil of

the pun-loving poet, twelve good men and true failed to find that the

traveller had been libelled, however much he might have been affronted.

A young man losing his wits through parental thwarting of his

matrimonial aspirations, was placed in an asylum. Having occasion to

leave his charge for a few minutes, the attendant forgot to lock the

door upon him. The lunatic taking advantage of the oversight, slipped

out of the room, made his way to an upper gallery, smashed the window,

and leaped out a thirty feet fall. The shock restored his reason, but

he was crippled for life; and his father brought an action against the

superintendent of the asylum for compensation. The judge ruled that

the superintendent could not be held guilty of neglect because his

subordinate failed in his duty; and so saved the jury the trouble of

assessing damages, which, supposing they set the benefit done to the

patient’s mind against the injury done to his limbs, would have been a

difficult matter for calculation.

Almost as difficult as that left to certain assessors appointed by the

civil tribunal of Melun. The plaintiff in a case tried in that court

alleged that M. de Sagonrac had ordered his gamekeeper to place snares

near his land, in which ‘bats, owls and other night-birds’ were caught;

in consequence of which mice and other vermin had so multiplied that

his crops were spoiled. The tribunal holding that if the facts were so,

the defendant would be liable, appointed three farmers to ascertain

if any damage had been done to the plaintiff’s crops; whether that

damage was due to animals whose presence on the land arose from the

destruction of birds of prey by the defendant’s keeper; and if so, to

assess the amount of the plaintiff’s loss.—A yet more puzzling suit

is still at the time we write awaiting the decision of the American

bench. A landslip in Shodack filled up a creek and turned the water

in a different direction. The proprietor of a mill deprived of its

motive-power, sues the farmer owning the land on which the slip

occurred, not for damages, but to compel him to restore the stream to

its former channel.

Chambers's Journal of Popular Literature, Science, and Art, No. 754, June 8, 1878 · 第 15 / 18 题