Five Mile Beach weekly journal., 1908-10-30
BREACH OF PROMISE.
Manner In Which the Law Treats Il
In Different Countries.

HtaNNtfgf III III hH0 law tHgak8 "
In Different Countries.
England is the best place, from the
plaintiffs point of view, for a breach
of promise action. All other coun-
tries seem to regard with grave sus-
picion any attempt to recover none
tary compensation for the loss of a
prospective husband, and unless the
plaintiff has a very strong case indeed
1t Is never worth her while to carry
her grief into the law courts.
In France breach of promise cases
are rare, for the simple reason that
the law requires the plaintiff to prove
that she has suffered pecuniary loss.
Now, this is not an easy thing to do
ON the part of the lady. especially In
a country where a girl without a dot
that Is, a marriage ~portion-has a poor
chance of finding a husband. Holland
and Austria have adopted the French
system, and the result has been about
the same. Breach Of promise actions
are rare. the injured damsels or their
relatives usually taking the law into
their own hands.
Practical Germany, as might be ex-
pected. has perhaps the best method
for solving this problem. When a
young couple become engaged they
have to go through a public betrothal
ceremony that ought to knock all the
shyness out of them. In the local
town hall the pair declare their affec-
ton, willingness to marry. ETC., ending
by signing a collection Of documents
that apparently leave no loophole for
escape. But If either party to the con-
tract wishes to withdraw another jour-
ney Is undertaken to the town hall
and another collection of documents
signed, witnessed and sealed. Then
the authorities determine the question
of compensation-should 1t be claimed.
In this connection 1t may be said that
the man ear and often does claim a
solatium for his wounded feelings.
The usual award is one-ffth of the
marriage dowry. 1t is easy to under.
stand when all this Is remembered
how loath the young people of Ger
many are to break their betrothai
oaths.
AS the law of Italy affords little or
no protection whatever to Tilted dam
sells or SWANS. 1t Is not surprising that
the stiletto should be the favorite mode
of deciding breach of promise cases.
The italian law demands that the per-
son suing for the breach shall produce
a written promise to marry from the
defendant; otherwise the action cannot
proceed. This difficulty Is almost in
s~urmountable, and the italian judges
are seldom troubled to adjudicate be-
tween one time lovers.
To bring an action for breach of
promise of marriage against a relgning
monarch is an achievement. but it has
been done, and by nm English lady.
Miss Jenny Mighell sued the sultan of
Johore. and as there was n doubt
whether the dusky one was actually a
reignlng monarch the case was allowed
lie go iA+e-eeHFf but the j~udgedg4eh-
ly disposed of the action by ruling it
inadmissible for the reason referred to.
and Miss Mighell was nonsuited.
1t Is remarkable that n of the two
actions which have brought verdicts
for 100000 each to the plaintiffs should
have had for its defendant the editor
of a matrimonial paper. The second
case was between a well known actress
and the eldest son Of an earl.-London
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