Fairhaven herald. [volume] (Fairhaven, Wash.) 1890-????, 1892-07-01
LEGAL ANOMALIES.
GOD CASES THAT OFTEN ARISE IN
ENGLISH COURTS or LAW.

The Power of consideration" in a
Money Transaction = An Interesting
Point About Tradesmen's BiIls--s'nIen
of Straw" in Criminal Prosecution.
At time when law reformers are
busy, it may be interesting to notice
some of the many absurdities which
still exist in English law.
A person buys goods, pays for them
+ and gets receipt The tradesman sends
IN his bill u second time. The purchaser
protests that he has paid, but cannot
find the receipt. Accordingly. the trades
man brings an action and wins. Soon
after this the missing receipt is found.
And yet the purchaser cannot by law
bring new action to recover the amount
he has paid as the result of the first ac-
tion, unless he can prove actual fraud
on the part of the tradesman. And why
is this9 Because, according to the legal
maxim, at is to the interest of the state
that there should be some finality TO
litigation" 1t certainly is not, in this
instance, "to the interest" of the pur-
chaser. O.
A owes B an undisputed debt of 800.
After much pressure he comes to b and,
dilating on his own misfortunes in par
ticular and the hard times in general,
offers him ESQ in full satisfaction. B,
partly through sympathy and partly be-
cause having written off the amount as
a ''bad debt" is only too glad to get any
thing and accedes to those terms. Most
fply
end to the matter. 1t all depends,
strangely enough, on the way in which
the money is paid.
II the amount is paid in gold or bank
notes there is no consideration" for b
agreeing to accept less than the full
amount due, and therefore if he after
ward repents of his bargain he can sue
A for the remaining eco in spite of his
promise to be satisfied with ESQ., And
yet If an old knife, rusty nail or some
other thing, however trifing, is thrown
in" then B is bound by his agreement
to take the lesser sum in full discharge,
for in this quibbling way the legal theory
of consideration" is duly satisfied.
Let us suppose that Mr.. Smith holds
two houses under one lease from Mr..
Brown, and assigns one Of them to Mr..
Robinson. If Mr.. Smith omits to pay
his rent, or breaks some other covenant
in the lease, Mr.. Brown-the superior
landlord-can "distrain" not only on
Mr.. Smiths house, but on poor Mr.. Rob
insons as well, though he may be a
model tenant.
A proposes to sell b piece of land,
and at the same time gratituitously
promises to keep the offer open for
week. In spite of this A can revoke his !
offer the very next day if b has not al |
ready accepted it. Legality, again de- |
flying all ideas of morality, argues that |
there was no consideration" for the de- |
lay agreed upon.
Very frequently busybody bringing |
a criminal charge elects to be "bound |
over to prosecute" mt the assizes, even |
though the magistrate has expressly de- |
cided that no jury is likely to convict. |
Now this can be done ION his own recog- |
nizances," without any substantial sure
ties. The result is that if, as is often |
the case, the prosecutor is impecunious,
the accused when acquitted, cannot,
except in theory, make him pay his costs,
nor does he feel inclined to bring an
action for malicious prosecution against
one who, as the lawyers say, is mot
worth powder and shot" In this way
inscriptions linen Of straw have op-
portunities-which they not seldom util-
ize-of putting people to terrible annoy
ance and great expense without mourning
any practical risk themselves.
A lessee always remains liable on the
covenants until the expiration of the
lease, even after he has assigned it with
the approval and consent of the lessor.
Quite recently two of the judges SOL
EMMY declared from the bench that it
was humiliating to confess that by the
laws of England, unlike those of France,
brokers and other agents could not be
convicted Of embezzlement for misap-
propriating money intrusted with them
for investment unless the direction to
invest was in writing. One of them at
the same time tersely and truly summed
up the history and present stage of our
law when he called it "a thing of shreds
and patches" This definition explains
tho origin of many absurdities and in
congruities. Still, it scarcely justifes
their continued existence.-London Tit
Bits