Punch, or the London Charivari, Volume 103, July 23, 1892 by Various
page 9 of 42 (21%)
page 9 of 42 (21%)
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A CLERKENWELL CATO. SIR,--I recently purchased _Dodger's Digest of Dustbin Law_, and recommend it to the perusal of every householder. In the case of _The Vestry of Shoreditch_ v. _Grimes_, Lord Justice SLUSH remarks--"The Vestry complains that the Defendant's bin was improperly covered; that, in fact, it was not under coverture. To this the Defendant replies that his bin was void _ab initio_, as there was nothing in it. Then the question arises whether the Defendant's Cook was justified in tipping the Dustman into the empty bin, considering that the Legislature has distinctly forbidden tips of all kinds to Dustmen. I am of opinion that the Cook was the Defendant's agent, and that the rule of _qui facit per alium facit per se_ applies here. The Cook's proceeding was undoubtedly tortious; it was not a criminal action, though it certainly cannot be called a civil one. I agree with my brother CHIPPY that the _ratio decidendi_ must be, whether the Dustman, in coming to clean out an empty dust-bin, had a _malus animus_ or no. On all these points I hold that judgment must be for the Vestry." Your readers will see the importance of such clear _obiter dicta_. Yours, AMATEUR LAWYER. * * * * * [Illustration: PROOF POSITIVE. "I CAN'T THINK HOW THAT IMPRESSION GOT ABOUT, LADY GWENDOLINE. I SPEND HALF MY TIME IN CONTRADICTING IT. OUR NEW MEMBER IS BY NO MEANS A |
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