Following a Precedent.

Otago Witness, Issue 2399, 22 February 1900, Page 67

Following a Precedent.

We can hardy blame, perhaps, the satisfaction which a non-suiled litigant in a certain court, once gained from an opportunity i that chance gave him A judge, travelling on ' circuit, had before him, in a small county | town, a ca=c in which a tavern keeper was j hold for the payment on a land transaction | of a laigc amount of money which he had not I agreed definitely to pay. The court declared (hat, alLLod.'di his ngreemcil was not on re- , cord, it was involved by construction, or im- I plied, in hi' pirlicirialion in a business proceeding connected with it. After judgment had been rendered, the court adjourned for dinner, and the judge ' found that the onty eating house in. the place

was the inn kept by the defendant in the case which he had just decided. He also found that the defendant personally superintended the preparation of the meaL, and that the food was charged for on the "European plan." The judge called for two boiled egg«, which, , with the other food he oulered, were brought ' to him clone to a turn. He ate them, and at , the end of the meal the bill was presented to him. lie was astonished to read on it the following items: — Two boiled egg.- 15cts Two chickens at, 75ct^ Idol 50cls He called the proprietor, ancl said, "How X this? I have had no chickens ; why do you charge me for them?" --"Those are constructive chickens, your honor," answered the host. I "What?" "Why, they are implied in the epgs, yon know, your honor," the man persisted. The judge began to understand, and said no more. However, when he handed in a sdol bill to pay for the dinner, he found that Iho innkeeper had given him his full change, without charging for the "constructive" chickens.