Page:Encyclopædia Britannica, Ninth Edition, v. 24.djvu/397

Rh W A R W A 373 learning. They are treated at great length in old works on real property, especially Coke upon Littleton by Butler, 364&. The feoffor or his heirs were bound by voucher to warranty or judg ment in a writ of icarrantia cliartx, to yield other lands to the feoffee in case of the eviction of the latter. Vouching to warranty was a part of the old fictitious proceedings in a common recovery in use for the purpose of barring an entail before the Fines and Recoveries Act (see ENTAIL). Warranty of this nature, as far as it relates to the conveyance of real estate, though not actually abolished in all possible cases, is now superseded by covenants for title. The more usual of these are now by the Conveyancing Act, 1881, deemed to be implied in conveyances (see REAL ESTATE). For the implied warranties of title and quality see SALE. Vouch ing to warranty was at one time important in the law of personalty as well as of realty. The procedure is fully described in Glanvill. The right of calling on the holder of lost or stolen goods to vouch to warranty (interciare), i.e., to give up the naine of the person from whom he received them, under pain of forfeiture, was often granted under the name of thcam as a local franchise (see THEFT). Warranty, as it exists at present in the law of personalty, is either express or implied. There is no general rule as to what constitutes a warranty. It is not necessary that an express warranty should be in writing, the law being that every affirmation at the time of sale of personal chattels is a warranty, provided that it appears to have been so intended. The principal cases of implied warranty occur in the contracts of sale and INSURANCE (q.v. ). There is also an implied warranty in other kinds of contract, e.g., of seaworthi ness by the shipowner in a contract between him and a charterer for the hire of a ship. In all cases of implied warranty the warranty may be excluded by the special terms of the contract. For breach of warranty an action may be brought directly, or the breach may be used as ground for a counter claim or for reduction of damages, but the breach will not in the case of a warranty proper entitle the person suffering by it to a rescission of the contract. Thus in a sale the property passes although the warranty be broken. In some cases warranties on sale are the subject of statutory enact ments. By the Merchandise Marks Act, 1887, a vendor is deemed to warrant that the trade mark or trade description on any goods sold is genuine. The Chain Cables and Anchors Act, 1874, enacts that every contract for the sale of a chain cable shall (in the absence of any stipulation to the contrary) imply a warranty that the cable has been duly tested and stamped. In some other Acts, such as the Bills of Exchange Act, 1882, the term warranty does not occur, but the practical effect is the same. Scotland. The term corresponding to warranty in the law of heritable property is &quot;warrandice.&quot; Warranty, strictly speaking, seems confined to movables. Warrandice appears early in Scots law, the heir by Rr.giam Majcstatcm being bound to warrant the reasonable donations of his ancestor. Warrandice in the existing law is either real or personal. Real warrandice is that whereby warrandice lands are made over, as indemnity for those conveyed, to assure the person to whom they were conveyed from loss by the appearance of a superior title. Real warrandice is implied in ex- cambion. Its effect is that the excamber, in case of eviction, may recover possession of his original lands. This is not in accordance with the English law in exchange. Personal warrandice is either express or implied. There is an implied warrandice in every onerous deed, and an absolute warraudice presumes an onerous consideration. Express warrandice is either simple, against the future acts of the vendor, from fact and deed, against acts whether past or future, or absolute, or against all deadly, that is, on any ground existing before the sale. A clause of warrandice is the Scottish equivalent of the English covenants for title. By 32 and 33 Viet. c. 116 a clause of warrandice in the form given in the schedule to the Act imports absolute warrandice as regards the lands and the title-deeds thereof, and warrandice from fact and deed as regards the rents. For the warranty in the sale of mov ables see SALE. United States. Warranty in conveyances of real estate is ex pressly abolished by statute in many States. In some States warranty is implied on the transfer and indorsement of negotiable instruments. (j vyf ) WARREN, SAMUEL (1807-1877), author of Ten Thousand a Year, was born in Denbighshire in 1807. After a curriculum at the university of Edinburgh, of such distinction that he made the acquaintance of &quot; Christopher North&quot; through his undergraduate fame, he began the study of medicine, but soon abandoned it for the English bar. He entered at the Inner Temple in 1828, and was success ful in his profession. He took silk in 1851, was made recorder of Hull in 1854, represented Medhurst in parliament for three years (1856-59), and was rewarded by his party leaders in 1859 with a mastership in lunacy. Meantime he had made a much more brilliant success in fiction-writing. Very early in his career, before he was called to the bar, he had begun to write for Blackivood. His Passages from the Diary of a Late Physician appeared in that magazine between August 1830 and October 1831, being collected into two volumes in 1832. A third volume was published in 1838, the contents of which appeared originally in the same magazine between September 1832 and August 1837. These short stories, most of them of a horrible character, with morbid interest shielded under a moral purpose, were extremely popular, and so realistic that as long as the writer remained anonymous it was customary for doctors to declare that some brother must be making capital of the secrets of his profession. Warren s brief experience as a medical student thus stood him in good stead. But his great success was Ten Thousand a Year, which ran in BlacJaoood from October 1839 to August 1841, and was published separately immediately on its conclusion. Critics com plained of the coarseness of the workmanship, of the banality of the moralizing, the crudeness of the pathos, the farcical extravagance of the humour ; but meantime the work established itself as one of the most popular novels of the century. Of the higher qualities of imagination and passion Warren was destitute, but his sketches of character, especially farcical character, Tittlebat Titmouse, Oily Gammon, Mr Quicksilver (an open caricature of Lord Brougham), are bold and strong, forcibly imprinted on the memory, and the interest of the story is made to run with a powerful current. For several years Warren was content to be known as the author of Ten Thousand a Year, and many tales were told of his open pride in the achievement. In 1847 he made another venture, but Noiv and Then was not a success. The Lily and the Bee, a squib on the Crystal Palace, published in 1851, though it had the honour of translation into Italian, was a signal failure. A pessimistic dissertation on The Intellectual and Moral Development of the Aye, published in 1853, also fell flat, and thenceforth Warren, after publishing his Works, Critical and Imaginative, in four volumes in 1854, retired on his laurels. He died at London, July 29, 1877. Besides his novels and other contributions to Blackivood, Warren wrote several legal works of repute Introduction to Law Studies (1835), Extracts from Blackstone (1837), Manual of Parliamentary Law (1852). His whole attitude towards the subject of insanity in its legal relations was determined by his clear perception and tenacious grasp of the fact that the disease insanity is merely one of the indicia of legal &quot; unsoundness of mind ;&quot; he thus reduced medical expertism to its proper proportions, by treating the alienist as a witness and not a judge. The masterly brevity with which he addressed the jury in the Windham inquiry branded as practically irrelevant the mass of the evidence produced at the trial, and pre pared the public mind for the third section of the Lunacy Regula tion Act of 1862. 1 To the doctrine of moral insanity he offered an uncompromising but ineffective and, it must be confessed, an ignorant opposition. It is doubtful whether he understood the meaning, and it is certain that he had never studied the evidences, of the theory which he so severely condemns. A writer who imagined that the cases of Oxford and MacNaughten bore any resemblance to the &quot; observations &quot; of Pinel was hardly qualified to criticize even the less worthy of his disciples. Yet this hostility was not altogether irrational. Exaggerating, indeed mistranslat ing, the language of Pinel, in whose work moral insanity appears as &quot;manic sans delire,&quot; the English alienists had pressed into their service cases which were far less closely allied to insanity than to crime, and had claimed, in the name of science, to return the verdict whenever mental incompetence existed or was presumed. Against these extravagant pretensions the school of Alderson and Rolfo arose in healthy revolt. Ignorant of, or possibly not caring to sift, the residuum of fact which undoubtedly they would have 1 It is substantially as follows : Under every commission, the inquiry shall be confined to the question whether or not the alleged lunatic is, at the time of such inquiry, of unsound mind, and no evidence as to his acts, demeanour, or state of mind at any time being more than two years before the date of the inquiry shall be receivable in proof of insanity, unless the judge or master shall otherwise direct.