THURSDAY, AUGUST 27, 1931.
THE
CHINA
MAIL.
PROBLEMS OF BACK-SEAT DRIVING speed dangerous to the public. Now
"HOW DO MOTORISTS STAND,
Legal Contribution to Vexed Question..
In view of the interest taken locally in the recent case of back- sent responsibilities, the following comment by a Solicitor on im- portant references in a recently published legal work may be found helpful.
Some time age motoring circles were perturbed by a decision given by a Singapore Magistrate affecting the responsibility of the bwner of a car, seated at the time in the back-seal of the ear, for the acts of his chauffeur, who was at the time actually driving the car.
ment makes interesting reading and is illustrated by Trallic Signals that every user of the road should know.
A Leading Decision. Where Mr.. Terrell helps us in our! dilemma in Singapore, is by his reference to a leading case, decided 80 far back as 1907 and which is There followed a certain amount still good Law and sound common That case 18 not cxnetly of correspondence in the Press with sense. regard to the Magistrate's decision aimilar to the case decided by the and some people thought one thing Singapore magistrate, (no two and other persons thought different-cases are exactly similar) but there ly and there the matter, for the are certain principles which are of time being at all events, ended. universal application which were Since the decision and the conse- then considered. Before proceed quent perturbation, there has aring with an examination rived in the Colony a book written differences between the British Law by Mr. Edward Terrell, a Barrister and the Local Law, let us consider at-Law of Gray's Inn and the Mid- this case first. dle Temple, and of the Oxford Cir- euit.
of the
The title of the case is Ducross v Lambourne and for the information Mr. Terrell has called his book. uf anyone who might be interested The Law of Kunning-Down Cases, (there are not likely to be many) and in the preface the auther tells the case is reported in the Law ns that he anticipates that critical Reports, Int Volume, King's Bench readers might possibly take excep-Series, and at page 40, briefly atat
Mr. Ducross did not like this and so he appealed to Quarter Sessions, but he Wus not successful. · Ą etrange set of circumstances arose at the hearing at Quarter Sessions there was a conflict of evidence as to whether the car was driven by Ducross or somebody else.
A Lady in the Case. Four persona went for the ride on that Summer's day. They were Mr. Ducross, the owner of the car, Miss Victoria Godwin, Mr. Charles Sangster, and Fred Nicholls (Mr. Dueroes's chauffeur).
The prosecution witnesses said that Ducrose was driving but the witnesses for the défence said that Miss Victoria Godwin was driving.
any case, it was not questioned that Victoria had a licence and was
expert driver. It was also not in dispute that Duerosa and, Miss Godwin were both seated in the front seat.
Well, the result was that Quarter Sessions without deciding whether the appellant was himself driving the ear dismissed the appeal, and finding us facts that if the lady was dirving she was doing so with the consent and approval of the appellant, who knew that the speed at which the car was travelling was dangerous, and that since Ducross was in control of the car, he ought to have prevented it.
With this decision, Ducrose was not satisfied and he took the case a step further and appealed to the King's Bench Division, and three
tion to the use of the phrase "runed thus: (1907) 1. K. B. 40 Front-celebrated Judges tried the appeal ning down" in the title. He points Seat Driving.
and learned counsel appeared and
The case was put up in proper form by the Warwickshire Quarter Sessions for the King's Bench Judges and the point of Law to be decided was whether the appellant was guilty of "aiding and abetting" the commission of an offence.
pat, however, that the phrase has In this particular case it so hap-argued the case. been uttered by so many judicial pens that it was not a question of lis as to have become the legal.ex-Back-Seat but Front-Seat Driving: pression for an accident ense. The There was a gentleman called book is very well written and in-Ducross and he owned a powerful cludes a short survey of the neces- Mercedes car and on a fine Sum- Bay aspects of the Law of Contractmer's day he went out in that car In the appendix is set out The and drove along the Coventry Road Road Traffic Act of 1930 (with the through the Parish of Sheldon. It author's annotations) and also The was alleged that he was going at
Avory K. C. argued on behalf of Ducross that since it was not found
Highway Code, which is issued by fifty miles an hour, and the Police driving the car he must have been 1 the Minister of Transport with the said that was too fast and prosecut- authority of Parliament in pur- ed him. He was convicted by the suance of Section 45 of the Road magistrate for unlawfully driving Traffic Act, 1930. The latter docu- his powerful Mercedes car at a
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na à fact that the appellant was found guilty of "alding and abet- ting and he referred to the case of I. V. Coney, in which Mr. Justice Hawkins said "To constitute an alder and abettor some active steps must be taken by word, or action,. with the intent to instigate a prin- cipal." Ducross, Avory argued, did nothing of that cort.. On the other hand if Dueross was treated as a principal offender the Justice had no power, under statute, to convict him sumimarlly.
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MeCardie (now Mr. Justice McCardie) replied to those argu- ments and said that by the pro-
The appellant was present, and visions of the Aiders and Abettors thus was a príncipal in the second Act 1861, the Justice had the power degree, and he could still be con- to convict either a principal victed whether he wers' charged as offender or as an aider and abettor. a principal or as an aider and He went further and said that in abettor. those offences called misdemeanours British and Local Law. all the accused persons were prin-
There are two main differences sipale and that there was no ground batween the British and the Local for the distinction between indict- law which have a bearing upon the able misdemeanours and offences subject of our consideration. One punishable on summary conviction.hus reference to the vexed question The Appeal Judges' Declsion. of Felonies and Misdemeanours and And then the three learned judges the other deals with Principals and gave their decisión and they all Accéssories. agreed that Ducross's appeal should be dismissed and that the convic tion should stand.
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whether the party was committed CUTTING DOWN DEAD WEIGHT. over rough roads without racking and is only recognised in felonies.
of
London
or distortion."
ic-
Principals are again sub-divided Apart from the primary factor The door and tailboard ure. into principale in the first degree that reduction in the weight of a panelled with. duralumin chequer and principals in the second degree. body increases the pay-load capacity, plates, and the outside panelling is
from The distinction is not now of much lowering body weights has recent formed
four sheets of practical importance. The Locally become a matter of real import-aluminium. Between these and the Law does not draw these distinc-ance owing to the strict limitation pillars, strips of compressed felt tions.
of axle weights imposed in Great are fitted to prevent drumming. Accessories are persona who are Britain by the Road Traffic Act. As the goods to be carried are not the chief culprits nor present at Various methods have been devised books and magazines, which are the performance but are in some and adopted in the attainment of easily damaged, an interior free way' or-other concerned with the weight reduction and an interesting from projection has been provided. trime, either before or after it is Instance is furnished by a box van, and, this is lined throughout with committed.
mounted in an A.E.C. 66 h.p., short plywood.
Access to the body can be gained What is the difference between a
There is also a sub-division in wheelbase "Monarch" chassis, re- Felony and a Misdemeanour? This the case of accessories, namely accently supplied to a well-known Arm by means of a sliding door opening and into the driver's cab, immediately question has been asked for years cessories-before-the-fact and acces- of printers,
behind the nearside seat, which is The three judges who decided the at every Law examination and has sorica-after-the-fact. The Local Code Aylesbury.. appeal were Lord Alverstone, Chief puzzled a good many students. The does not recognise any such dis- The body-14 ft. long, 7 ft. 3 of the tilting pattern. This door Justice, Sir Charles Darling (now answer is that there is no logical tinctions but provides that the abet-ins, wide and 6 ft. 3 ins, high-is particularly useful when Lord Darling) and Sir Edward difference. But that is not all, ment of an offence is in itself an complete with cab and all fittings liveries of small parcels have to be Ridley.
Felony had certain grievous conse- offence and is punishable by law. weighs only 12 cwts-a saving of made. Lord Alverstone sald that two quences attaching to it, for in- The offence of abetment is approximately 15 cwis. in compari- The space between the body, and important pelats had to be consider stance, the forfeiture of lands and punishable whether the crime is son with a similar type of body cat is sealed, and made weather- ed, one of law and the other as, to goods. But that was abolished in committed or not. And this is built of wood. This weight reduc- tight by a fitment of heavy rub- the proper conclusions to be drawn the year 1870. There is, however, where we get back to the question tion has been achieved by using berised canvas. from the facts. He pointed out as a difference of procedure, affecting of back-seat driving and may trace duralumin framing and aluminium this was not a felony it did not Arrest, Trial, the form of oath taken some parallel with the ches of panelling. matter whether Ducross were a by the jury and the method of the Ducross referred to above.
Duralumin has been used for the principal or only an aider and abat- civil remedy to be pursued. How The offence of abetment corres- eight bearers supporting the body tor and he went further und stated ever, where there is a Statute in ponds as nearly as possible with the upon the chassis, for the floor, the that it was provided that an aider which the adverb feloniously is British accessory-before-the-fact, door and corner pillars, the side
The popularity of the two A.EC. and abettor may be charged along used, the offence is a felony. In but it makes allowance for mere upights and roof framing, the waist. "Ranger single deck buses, operat with the principal offender and may the Local Penal Code any difficulty passive concurrence what is known rail and the tubular struts ascended by the Montreal Tramwaya Com- be liable to the same punishment is overcome by defining what con- in Britain as accessory-after-the-ing from the uprights to the roof pany of Canada, has been manifest and be referred to
Duralumin cases which stitutes a particular erime, the fact and that le not sufficient to framing. upheld his view. He went
on to method of trial ‘and the punishment constitute the offence of abetment. any that the case quoted by Mr. which may be inflicted. Avory (Reg. v Coney) was a case of spectators at a prize fight and could not be applied generally to other cases. He thought that there 'was evidence of aiding and abetting and that the Court of Quarter Sessions must have had that fact in mind and that the appeal must be dismissed.
Sir Edward Ridley, sald that he agreed with the Lord Chief Justice und had very little to add.
Sir Charles Darling said that he was of the same opinion as the other two Judges. Ducrose, he sald, was the owner of the car and in control of it and he allowed Mias Godwin to drive. He emphasised the word "allowed." He ought not to have allowed her to drive so fast. It was erroneous to speak of Docross as an accessory, because an accessory before the fact is," "one who, being absent at the time of the crime committed, doth yet pro cure, counsel or command another to commit a crime.
Principals and Accessories. The distinction between prin- cipals and accessorica is based on
The scale might, in our local case, have been turned by a hair, and there we have got to leave It. Singapore Free Press.
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BRITISH BUSES ASSURED SUCCESS IN CANADA.
baving from the first day they were placed tensile strength greater than that in service. The element of novelty of mild steel the whole framework that attended their first appearance is thus strong enough for all por- on the streets, has now worn ok, poses, yet light in weight and suff- and they are retaining their place in clently flexible to follow the chassis the affections of the travelling public, because of their peculiarly Individual standards of smoothness when accelerating, when running” at: speed, and when slowing down, It; is yet too early to judge of their all round performance from a pure- ly operating polat view; but in the: few weeks they have been in, der- vice every indication has been given that the A.E.C. has designed a vehicle for Canadian service, whose ultimate Auccess is almost Inevitably assured.”
Features of the AE.C. "Ranger”. chassis which was specially design ed to meet Canadian conditione are: 110 h.p. o.h.v. engine, automatic coll ignition, 19 ft. wheelbase, overall frame length of 80 ft, specially strong side members and springs. left hand steering, new type front wheel braking system, extra large petrol tanks, etc...
The Vernay-Lang, Scientific Expedition which spent six months in 1930 in the heart of darkest, Africa used five, Dodge Trucks and a Dodge Touring Car for transport purposos. There were en- tire days during the gruelling Journey across central Kalahari when four miles an hour was top speed.