1922-05-16 — Page 3

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BETS-BY-CHEQUE JUDGMENT.

Trustees not Bound to Sue.

Public policy does not require

TUESDAY, MAY 16, 1992.

"COERCION" OF MARRIED

WOMEN.

The Common Law of Wife and Husband.

DEAN IN FREE CHURCH PULPIT.

Sermon that Became an *Address,"

the

Church last

that a man shall rob bis book-i

Bishop Welldon, Dean of Dar- The presumption that a marri maker whom he has induced to woman who commits a crime ham. was announced 5.3 trust him by regularly paying his in the presence of her husband special preacher at Clapham losses and posing as an honour-has been coerced" by him is Congregational able member of society, and there founded on the old common law month. He took part in the is no provision in the Bankruptcy of the realm, writes a legal cor-service, but he did not preach. Act which provides that trustees respondent in the Most heater |

Instead he gave an address," should be allowed to play a sim-Guardian. The statement that and if is amounted to very much ilarly discreditable role.”

it is as old as King Joho means the same thing there was this This was the statement of Mr. that it dates back to a tima

advantage about the rearrange- Justice Astbury, who, in the whereof "the memory of man meat-it enabled the Daan of Chancery Division last month runneth not to the contrary," and Durham courteously to avoid a decided that a trustee in bank-the time of King John has been conflict with the Bishop of South- rupter should not sue a book-fixed as an arbitrary method of war maker for the retura of money fixing such & period, but in reali- lost in bets by the bankrupt andy the presumption is as old as paid by cheque. The action was the common law. treated as a test case, and hel The point rarely arises in mod made an order for a stay of allern times, but a recent cae on Further proceedings, giving leave the point makes subject

the to appeal. Four other actions by worth considering if only as a trustees in bankruptey depend on reminder of the existence of the the result of this case.

old common-law. First, it must be stated that in no other domes- tic relation is there any presump tion of coercion. Such a plea, for example, would not protec:

THE RULE OF THE COURT.

There is an old tradition that no clergyman shall preach out of the diocess to which he is accred- ited without the consent of the bishop of the diocess which ha le visiting and the power of preserv hands of the incumbent of the ing that tradition rests in the Parish in which he is intending

to preach."

This tradition was called into

Practice for the occasion at Clap- plied with it in the letter, if not bam, and Bishop Welldon com-

ia the spirit.

He sat in the choir seats dur-

Mr. Justice Astbury said tha: if the plaintiff were an ordinary party litigant he would

child of tender years. It is es- entitled to judgment for £955 sential that the husband be pres- and costs under the decision oent when the crime is committed ing the service wearing no robes, the House of Lords in the case of and also that the coercion be and the minister of the church, Sutters. Briggs, but as he was active. Rebusting evidence may the Rev. G. Stanley Russell, an officer of the Court it was bisbe called to disprove the coercion after briety explaining (the judge's) duty to determine for example, if the husband were difficulty that had arisen, bim- whether, having regard to a long fill in bed, or physically unable to selt preached a short sermon and established rule of Court and in exercise any coercion, the coerthas brought the. service form. the circumstances of the case, beleion is disproved. It is stated alls to a close. ought to allow such a proceeding on high authority that the to be anctioned and become a coercion must be active. E is practice in the administration not sufficient for the husband to estates in bankruptes.

Plaintif contended that the action was to recover & statutory bet, and defendant submitted that plaintiff being an officer of the Court must be so regarded by the judge trying the action.

CLEAR ABOUT THE LAW,

the

Then Bishop Welldon went to command his wife to commit the vestry, donned his official crime, but Le must actually by robes and ascended the pulpit. physical means, or possibly the He used no text but after a pre- threat of them. compel her.

liminary explanation delivered- This idee of physical compul what he had meant to be bis sion is so alien to the modern sermon as an address. relations of husband and wife His topic was the need for re- It was no longer arguable that that in the recent case the wife union amongst the Christian a loser of a bet on a horse race might consider herself fortunate Churches. who had paid his losses by chequejto have beea protected by Bishop Welldon had this to say had not a statutory right to re. the extension of an old doc-about the change of plan whereby cover the money so paid. The urine to present-day conditions.bis sermon became an address:- circumstances in which the law, The Tresumption may also b- **My cwa view of the law is was left in its present anomalous rebatted by showing

th perfectly clear. I do not hold condition when the Gaming Act the wife is equally particeps erithat the incumbent of any of 1545 repealed the old severe wins with the husband, and if the parish is entitled to prevent provisions of the gaming laws Crown cannot call reliable evi. a clergyman from associating

were irrelevant, but it was far dence in support of that the wife from being the case when the must have the benefit of the doubt. Court bad to consider whether The language of the judge in its own officer should be allowed passing sentence was, therefore to maintain such an action in the quite correct and the law correctly absence of special circumstances interpreted and applied. making it a dig and hones! thing to do.

"A GREAT DISASTER."

himself with a service like yourA That question was settled 30 years and more ago.

"Nor do I think that a bishop has the right of exercising au thority beyond the churches in In connection with this subject his own diocese. He does not it may be mentioned that a wife exercise authority in this church. may not be charged with being That question was settled when an accessory after the fact with Bishop Gore inhibited the present The Court, however. might her husband. Anyone who, know-Bishop of Durham from preach- refuse to allow its officer his legal ing that a crime has bien coming in Dr. Jowett's church in and equitable rights. Pi-intiff mitted, shields, aids, comforts, or Birmingham, and the inhibition was acting with the permission of relieves the principal, is liable to did not take effect. his committee of inspection, and conviction as an accessory. The

"It is in courtesy to the bishop only desired to obtain a decision one exception is the wife, who is of this diocese that I bave re- as to bis dut. His lordship said allowed to do all these things frained from carrying out in fall it would be a great disaster to the with. ut any penalty. It may be the part I had hoped to fill in administration of justice in this wondered whether knowledge of

communion with yourselves to- conatry and to the honour and these legal doctrines might not day." dignity of the Courts if the rule open the door to cleverly devised he had referred to were no: schemes for wrong-doing, espe followed in cases where the in-cially it, as was stated in the terests of bonesty and fair play case under consideration, husband made that necesary. The Courtland wife may not be indicted for always had ordered its officer to conspiracy. Authority on the act in an honourable way.

latter point is not unanimous,

HOW BABY'S OWN TABLETS ARE ·

HELPING IN

INDIA.

____

The principle was that an and it is quite possible that in any officer of the Court must not em case where there was deliberate hark upon a course of conduct attempt to take advantage of the

The fame of Baby's Owo which was unworthy of the Court, doctrine for the commission of Tablets, the Canadian children's or so as to commit the Court to crime the Court of Criminal remedy, spreads apace. Here is acts which it would feel bound to Appeal might decido that there a message of praise and thaoke repudiats. In his bumble opia was no modern reason why the recently received from India. Its for, the question of the applica bustand and wife should not be writer, Mr. B. Sharma, head clerk tion of the principle caused no guilty of conspiracy.

at the Cavalry School, Saugor, difficulty when the point was It is not generally realized that Central Provinces, states: whether the Court shouldlowa wife may not give evidence "My baby son, aged 9 months, itself to be a party to conduct against her husbard, although by has beac subject to various #bich in the case of a private moderc law she may give evidence maladies usual among infants individual would be so dishonest for him. There was a local mur-during their teething period. or dishonourable that no honest der case a few years ago where it Diarrhoea with slow fever was the or decent-minded person could was quite olvious that two men leading trouble. The child purged possibly believe it to be otherwise. and one women were equally cou-ss often as 30 times in 24 hours

It was essential that the Court cerned. The woman married one and vomited andigested milk. should maintain a high standard denied that the odd man bad any him Baby's Own Tablets his con-

married couple man and the

"When I commenced giving of commercial morality and that thing to do with it, and, in default dition appeared to be almost it should continue vigorously to of the necessary witnesses being hopeless, but the contents of one insist that the conduct of its called, all three were acquitted.

officers in the administration of estates should be in strict conformity with that idea! He must deal with the action ́on

FAME AND NOTORIETY.

**Fame js different from

the footing that the defendant notoriety. Fame comes wheu a was an honest man, who had man

vial had a marvellously soothing. effect. His maladies then graðnal-] ly disappeared, and by the time three vials were finished the child had regained his full strength."

No home where there are young: is discovered; notoriety children should be withous Baby's carried on his business as far as when he is found out," said Mr. Own the bankrupt was concerned in an P. F. Murphy, the American ever-ready remedy

Tablets. They are honest and straightforward man-aft r-dinner speaker.

ner.

||

NOT HONOURABLE."'

for in- fantile indigestion, constipation. colic, diarrhoea, teething pains, croup, colds and worms. Druz "Would it be an honest or hon. must otherwise necessarily grow gists sell them, or post free, 60 ourable thing." be continued, up in the administration of cents the vial, from Dr. Williams' "for the plaintiff to prosecute estates in bankruptcy pending Medicine Co., 96 Szechnen Road. this claim if he were sa ordi-the amendment or rapeal of the Shanghai. nary individual suing on his own Act of 1835. There would be an behalf? My answer is that it order for a stay of all further would not. I cannot imagine proceedings in the action. anyone with an elementary con- Reversed On Appeal. ception of fair and bonest deal-

SOUTH AUSTRALIAN FRUIT IN STRAND.

An experimental shipment of) ing, and leaving high-mindedness A cable dated the 10th. inst.soft fruit including peaches. on one side, holding a different announced that this verdict has pears, plume and nectarines, bas view."

been reversed by the Court of arrived in London from South

His Lordship added that he was Appeal on a test hearing, the Australia by the steamer Moreton of opinion that the discretion of Master of the Bolls stating that Bay. A display of the fruit is the Court should be exercised in there was nothing discreditable, made in the Strand window of that case, especially in view of as the law stood, in a trustee so the Victorian Government Offices

at Australia House. the deplorable practice that seting

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