Year: 1877

London papers make mention of a
Glasgow widow who has brought suit
against q man for kissing her. with
damages laid at $4,000. There Is of
late an alarming frequency of this class
of actions. which seems to demand that
our codes should be SO extendedas as toin-
clude and properly describe and limit
the offence. 1t cannot be the intention
of the law to put an end to all Oscula-
tory exercise; for there are occasions
when kissing is as legitimate as pleas
ant. What is needed, then, Is such
statutory regulation as shall inform the
anxious man, accustomed to set his
face resOluteiy against every labial
temptation. just whom he may kiss and
whom he may not, and what shall be
the measure of damages in case the
law is broken. One of the ancient
despOts was accustomed to have his
laws written in the smallest hand and
posted in out Of-the way places, SO that
there might be more punishment
for those who unwittingly broke them.
But such a barbarous practice is not to
be followed nOwadays-let our lips
know the danger that threatens them.


1t is quite clear that damages cannot
be levied on kisses in the abstract, for
they differ as widely as do fishes in the
sea- For "the kiss snatched hasty from
the sidelong maid," for example, only
the smallest possible damages should
be awarded, The word "sidelong," as
we interpret it, means that the maiden
was not altogether averse to the pro-
cess, and it is doubtful if even an action
for trespass in the case could be sus-
tained. Repleyin, perhaps. would lie;
at all events no man of honor who had
stolen a kiss from 'sidelong maid"
could hesitate to return it when in
formed that she was indignant at the
theft.


But referring to the authorities most
quoted on this interesting question of
law we find frequent record of kisses
of a much graver character, In the
case of Paris VS.. Helen (Marlow on
FausO it is laid down that Helen in the
process of kissing was guilty "of suck
ing forth his sOul"-a practice so rep
retensible as to merit tine heaviest
damages. A case is mentioned in Sha-
kespeare also where the plaintiff ale
ges that the defendant "then kissed me
hard. as if be plucked up kisses by the
roots. that grew upon my lips" Here
we have both trover and trespass, and
it is not clear that criminal Indictment
for highway robbery could not be had.
In the case of Donna Julia VS.. Don Juan
there was "a long, long kiss, kiss of
youth and love-" wherein specific dam
ages might be demanded, on the prin-
ciple that time is money and that a
gret deal of it was wanted. In the ia
nous case of Fatima, also pleaded by
Tennyson, counsel for the crown, the
prosecutrix testified


0love o FIRE once he drew


With ere long kiss my whole scul II trough


My lips as sunlight drinketh dew.


For this explanative process we
should presume the heaviest damages
would lie. OF another line of kisses,
similar to that of the monkey who
married the baboon's sister, Mr.. Swim
burne has treated so long and ably that
we may suppose the court to be fa-
miliar with the principles laid down in
his interesting work. 1t is related of
the author, Mr.. Swinbnrne himself, that !
some years since, at an English dinner
party, so enhancing and seductive was
the bloom of fresh cheek close to his |
own, he could not help but print with
velvet lip upon her cheek such Ian
guage as the tongue has never spoken"
Speedy judgment was rendered in the
case for the summary election of the
but execution was stayed on
the plea of emotional insanity, the con-
sequence of too much sherry.


But it is useless to multiply instances
it will strike the reader at once that
there are kisses and kisses, and judg-
ment ought not to be rendered on the
face of the certificate. No fair esti-
mate of damage is possible without go
ing behind the returns to ascertain the
character of the act. 1t might be nee
essary in particular cases to permit the
jury to view the premises, or, perhaps.
by testative experiment, TO determine
the quality of the article stolen. In
this Glasgow case, for example, it is
difficult to understand the ground upon
which so large claim as $500 is made
widows being ordinarily so familiar
with processes of that characterasn not to
A~gw L. l. |
such a case as this to suspicious of re-
,istance after the fact. But, after all,
perhaps, the best plea to the jury which
counsel for defendant could make
would be that cited by the Rev. Charles
Kingsley in the case of Pelagia:-


Lips made only to kiss:


Hands are made only to toy;


Eyes made only


To lure the lonely.


The loving and lonely and drown them in joy.


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