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THE HONGKONG DAILY PRESS, FRIDAY, DECEMBER 1918, 1932

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BREACH OF PROMISE ACTIONS.

MR. JUSTICE McCARDIE'S VIEWS."

When trying an action for breach of promiss of marriage not long ago, Mr. Justice McCardie made some interesting observations on the social propriety or otherwise, of bringing this kind of suit." On November 18th be had again before him, when sitting with a jury, another action of the kind, and elaborated his views. The action was brought by a young woman 24 years of age, against defendant said to be an official in the Criminal Investigation Department, Scotland Yard Mr. Justice McCardio's general observations were made in his summing-up, as follows: I confess that I never try a breach of promise caso, with or without the assistance of a jury, without realising the very serious social questions that are raised by such an action as that in the present case. I have no doubt that actions for breach of promise are often brought to compel a man to carry "oat a promise which his conscience and his heart tell him he ought not to fulfil" No one exa look around the world without meing that many engagements are somewhat bastily made. After the engagement, the man or the woman will find that a m'atake has been made. Take the case of the man. What is he to do? In be to say to the girls "All my affections have gone. I have grown almost to dislike you and your ways, but I will marry you rather than face a breach of promise of marriage?" Or is be to say: "No, I believe that the right thing and the bonest thing is not to marry, and I will submit to the verdict a jury may see fit to giro." I have long felt that an action for a breach of contract to marry is not an ordinary contract. It is wholly different to a bargain that is male in a counting-house. It is a life contract. According to the great churches it is a contract that nothing but death can dissolve.

"The consequences of a happy marriage are of Tast importance to the community." The consequence of an unhappy warriage are seen every day in the thousands of separations that were granted; they are aean in the congested lists of the divorce courts, If you reflect upon the conse quences of an unhappy marriage you will realise the gravity of the issues at stake- lifelong misery, frequent infidelity," the Divorce Court, and socialrain. Aspects which often present themselves in these cases are blackmail and the like. It would not be right in the case of the present plaintiff to bring in that topic. Such actions, you may think, too, are in many ways degrad- ing to the woman, because she is asking the jury to assess the commercial value of the man whose affections she has lost. Ta this case the plaintiff was engaged when. she was 18, and she is now 24 years of The defendant had treated the Line. plaintiff with the greatest respect, and, obviously, broke off the cagagement because to had lost his affection for her. to plaintiff's pecuniary loas, if the young woman were doomed éver because single for remain

to

As

of the.. defendant's conduct," that would be something for the jury to consider. The woman might say, I have loat this man." One of the things the jary have to consider is if she has lost anything at all, and whether she might not make just as good a marriage elsewhero-The- jury bave to ask themselves whether the girl in this case had not a very fair chance of marrying another man, one who would be fond of her. She is a graceful girl, young and attractive, and has borne herself

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Alter deliberating, the jury found for the plaintiff, and awarded her £40 Camages,

DANCE PERVERSIONS OF CLASSIC MUSIC.

The dancing world of Paris has tired of jazz music, which is giving way in the dancing rooms to perversions of Chopin's Fünett Mirch and the "Danie Macabre" of Sint-Saens. The dancers are inspired to languid and ceremonious motion Schumann, strains which recall Beethoven, and the music of Za Tosca and Maxon

by

The Society of Authors and Composers is determined not to tolerate this Ite members regard themselves as the defenders of the rights of dead artists and they are Edistressed that the works of Mozart, Beethoven, Schumanity and. Chopin should be turned to such profane nses. They have addressed a protest to the dancing halls and the restaurants where dancing during dinner is a popular attraction, and they appeal to the artistic consciousness of the musicians in thepo establishments.Tima

BELGIUM'S TIRER-WOMAN

ADVOCATES

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