Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1883-10-18

THE LAW OF MIsTAKEs.-The
source of almost every lawsuit is to
be found in mistakes Of the law. Ex-
perience has proved that the ablest
men sometimes make blunders and
the law has decided that a real mis-
take in fact in an important part of
contract will excuse the party mista-
ken from performing his part of the
agreement.
For instance, man made a con-
tract with one ice company and re-
fused to deal with another. When
the bill was presented he found that
the latter COMPANY had supplied his
ice. He refused to pay the bill, and
it was decided that the mistake freed
him from liability.
A horse was sold by a trader and
paid for on the spot. While the trade
was going on the horse died. The
buyer brought suit for money paid,
and it was decided it should be paid
back, since both parties had made
mistake Of fact in supposing the horse
to be alive when the trade was ended.
If a farmer intending to sell hay,
sell oats by mistake instead, he may
refuse to deliver the oat on that
ground. 1t sometimes happens that
bill is paid with counterfeit bank
notes. In such 0 case the payment is
void and the receipt is worthless.
A mistake in the quantity of the
thing bargained for is no ground for
breaking an agreement II a man
buys cheap thing, with the idea that
it will serve his purpose as well as
more expensive article, he cannot, be-
cause he was mistaken, send it back
and recover the money pgti.
A mistake of law is no ground for
refusing to carry out a contract. This
rule is founded on the old maxim:
Ignorance of the law doth not ex-
cuse." And every man il supposed
to know the law Of the land he lives
in.
Suppose debtor gives his note,
pre- Using to pay sum of money
with lawful interest, thinking that the
legal rate is six per cent. If ten per
cent. is the legal rate, his ignorance
of the fact will not excuse him from
paying the ten per cent.
When well-known legal words are
used in a contract, with a mistaken
idea Of their meaning, they are bind
ing, in their legal sense, upon the
person using them.
If land is decided TO man and to
his heirs, he receives the estate abso-
lutely, although both parties intend
ed that he should only have the es-
tate during his own life.
Some mistakes of law put an end to
agreements on the ground that they
are rather mistakes Of fact than of law.
An executor of a will pays money to
person whom he thinks is Pm heir.
If the supposed heir be an imposter,
the money can be recovered. If un-
der complicated will, a person buys
rights which are his already, lie may
get back what be paid for them.
Mistakes Of law in civil cases only
cost money; but mistakes'of the Grim
inal law have more serious effects, in
the loss Of respectability and reputa
ton. Here the plea Of ignorance Of
the law will not be accepted. A
criminal must suffer the penalty Of
his deed, though he thought it law
full when he committed it.
Formerly an outlaw might be slain
by ANYBODY; but if perpon should
now kill an outlaw, with the idea
that he had a right TO do 80, it would
be punishable as murder.
A old law book gives a curious in
stance of the plea of ignorance. Sir
John johnson, a Scotchman, was
tried for stealing and marrying one
Mary Wharton, an heiress, Ito the
great displeasure of Almighty God,
to the great disparagement Of said
Mary, and to the utter sorrow and
affection of her friends" When he
was found guilty and sentenced he
asked, with surprise, if it was a hang
ing matter. He was told that it was,
and he was sentenced and executed
on a gibbet before his ladys door in
Great Ouaen street.