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 A Century of English Judicature.

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tunately, as old as matrimony itself. Great as have been the social changes which have characterized the last century, in this respect there has been no alteration, no new devel opment. I think it is impossible to do other wise than proceed upon the old lines."

negligently, but with an honest belief in its truth, would not sustain an action for de ceit, he said: "I have arrived, with some re luctance, at the conclusion to which I have felt myself compelled, for I think that those who put before the public a prospectus to

While he believed that the amendment of the law should be left to the legislature, he was not unmindful of the hardship often oc casioned by the application of established rules. But he held that "in laying down a proposition of law it is necessary to keep in view the consequences, and not to contem plate its operation in the particular case." Therefore, in holding, in Derry v. Peek, 14 . A. C. 376, that an untrue statement made

induce them to embark their money in a commercial enterprise, ought to be vigilant to see that it contains such representations only as are in strict accordance with fact, and I should be very unwilling to give any countenance to the contrary idea. I think there is much to be said for the view that this moral duty ought, to some extent, to be converted into a legal obligation, and that the want of reasonable care to see that