CURIOUS ANCIENT LAWS.

New Zealand Herald, Volume LXIII, Issue 19280, 19 March 1926, Page 8

CURIOUS ANCIENT LAWS.

ANGLO-SAXON TRADING

THE PREVALENCE OF THEFT. An interesting discourse on the AngloSaxon law relating to the sale of goods, and the marked differences between it and the law of to-day, was given by Professor R. M. Algie, who occupies the chair of law at Auckland University College, before the Auckland Chamber of Commerce at its monthly luncheon yesterday. Professor Algie, who spoke at short notice in the unavoidable absence of Professor W. Ridd.et, sa;;d that lately he had been called upon to investigate the origins of some features of the present-day Sale of Goods Act, and he proposed, iu agricultural language, to "top-dress the Stone Age." The prevalance of theft in early times accounted for the apparent harshness of the present law in throwing heavy responsibility on common carriers and hotelkeepers for the safety of goods ia their charge or on their premises. The fear in the old days was that the carrier might be in league with the highwaymen, and the inkeeper with the carrier. A sale of goods in Anglo-Saxon times—a comparatively rare occurrence —was a very formal business. It might take place ordinarily only in certain defined towns known as "ports," and before official witnesses whom the Anglo-Saxon chronicler described as "chosen, unlying men," and who possibly were the precursors of justices of peace. If any dispute afterwards arose, the onus of proof was laid on the defendant. This was a cunning method of bringing him into Court, for otherwise the law would have been powerless to make hun attend. The dispute was first heard before the witnesses to the contract, who reduced it to the actual points of difference. The formal hearing followed. If the defendant denied the contract, he was required to bring six neighbours or "compurgators" to testify to his good character and truthfulness. If he only disputed some items of tho contract, the official witnesses were called in and their evidence was heard. The judgment of the Court might be executed by a "borh" or bailiff.

The Anglo-Saxon law, strange as it might appear to-day, reflected the times in which it existed. Law was a conservative method of keeping a people abreast of human progress. Properly it should lag a little behind public opinion. When it tried to lead the community, the result was legislative chaos, as might be seen in the Workers' Compensation Act and its many amendments. All laws needed the support of public opinion. The former New Zealand anti-shouting law was a disgrace to the theory of legisla-' tion. The gaming laws were little better. It was illegal to bet with bookmakers, but legal to bet with a machine, out of which the State obtained a. large revenue. Yet people wondered why juries returned verdicts of not guilty when the evidence clearly showed that the law had been broken.