punishable in England by death, and this penalty was almost invariably enforced. But since then, impris onment, or at most transportation for life, has been the sentence in that country. In our states, the penalty varies from death down to a small fine or short imprisonment.

A boy under fourteen years of age is deemed by law incapable of committing the crime, and cannot, therefore, be indicted on such a charge.

Seduction.

Seduction has been made a crime by statute in many of our states and territories. [See Abstracts, Title "Miscellaneous."] The majority of these statutes require that it be under promise of marriage, and it must be such a promise as to give the woman. good reason to believe in it as genuine. If the promise be made at the time of the commission of the crime, and is the inducement for her yielding to him, it is sufficient to give a right of action. Some statutes, however, do not require any such promise.

In the majority of states, the statute stipulates that the woman shall have been of previous chaste character, and in such case, the meaning is that she must have possessed actual personal virtue, in distinction from a good reputation. But though she may have fallen at some previous time, yet if she had afterward reformed, it is sufficient to come within the requirement of such a statute.

Some statutes require that she be enticed or inveigled away from her parent or guardian, or in some cases from her home or wherever she might have been staying, by the accused; in which case it would not satisfy the requirement of the statute if she left her

home voluntarily and without his interference, and was afterward seduced.

Some statutes also require that such enticing away be for the purpose of prostitution; and this expression has been generally construed to mean an indiscriminate unlawful connection, so that where the sole object of the accused was to gain possession of the woman for himself, it was not sufficient to establish the crime. Other statutes say for the purpose of prostitution or concubinage; but this, too, has generally been held to mean concubinage with another than the seducer. In some states there are several statutes covering some or all of the various kinds of wrong herein referred to. [See Abstracts, Title "Miscellaneous."]

The uncorroborated testimony of the woman will rarely, if ever, be sufficient to secure a conviction. There must be other testimony establishing the crime.

The subsequent marriage of the parties is a sufficient defence everywhere. A few statutes also expressly provide that if the accused offered marriage to the woman in good faith and she refused, it is sufficient for his acquittal. [See Chapter 40 for seduction as a tort, giving a right of civil action for damages.]

CHAPTER XXXIX.

TORTS OR CIVIL WRONGS.

Definition-A Tort as Distinguished from a CrimeClasses of Injuries Which are Torts-Torts do not Survive-Personal Disabilities no Protection against Liability for Torts-Specific Torts-Deceit-Essentials of Deceit - Concealment - Buyer's Duty of Inspection-Due Care and Prudence-Slander and Libel-Kinds of Slander-Libel Defined --Slander Per Se-Special Damages-Publication Essential -Truth of the Charge-Privileged Communications-Malice-Confidential Relations—Answers to Proper Inquiries-Test as to Their Propriety-Repeiition of a Slander-Malicious Prosecution-False Imprisonment.

Definition of a Tort.

A tort is any private or civil wrong by which an individual is injured, directly or indirectly, in person, property or reputation.

Distinguished from a Crime.

A crime, it will be remembered, is a public wrong, which the government takes upon itself to recognize and punish, for the protection of the common interests of society [See definition in Chapter 36]; while a tort is some wrong which is not of such general

public importance as to amount to a crime, but which may yet be of great importance to the person who suffers it.

Many crimes are also torts, in which case both criminal and civil action may be taken upon them. Thus an assault and battery is a breach of the peace, and therefore a public wrong, punishable as a crime; while it is also a private injury to the person assaulted, who may have a civil action for damages against the wrong-doer.

Classes of Injuries.

A tort may consist in an injury to the person, as by assault and battery, imprisonment or negligence; to the reputation, as by slander, libel, or malicious prosecution; or to property, as by conversion or trespass.

Torts do not Survive.

The death of either party to a tort, destroys the right of action, thus differing from the rule in contracts. Not only the parties to a contract are bound thereby, but also their estates after the death of either. But not so with torts, which "do not survive" the person. (There are some statutory exceptions to this rule, not necessary to mention here.)

Personal Disabilities no Protection.

Another distinction between contracts and torts is that parties under personal disabilities-that is, infants, and at common law, married women [See Chapter 5], who are unable to bind themselves by their contracts, are nevertheless liable for their torts. (The husband might also be sometimes liable for his wife's torts.)

Specific Torts.

Some specific torts will be briefly considered, little attempt being made to go into particulars.

Deceit.

It has already been stated [See Chapter 4] that when one is led, by the fraud of another, to make some bargain, or to do some other act which he would not have done except for his reliance upon the good faith of the party who deceived him, he may not only be released from any contract into which he has thus been induced to enter, but he may also have an action in tort for deceit against the deceiving party, and recover damages.

Essentials of Deceit.

To maintain this action of deceit, certain things must be proven. It must be shown that the false representation was in regard to facts material to the case; that it was made by the defendant; that he knew its falsity, and intended that the plaintiff should act upon it; that the plaintiff was ignorant of its falsity, believed it true, and did act upon it, sustaining damages thereby. And the damages must be such as are susceptible of pecuniary measurement.

Concealment.

The deceit may be practiced by failure to disclose matters which one is bound to disclose, as well as by false statements.

It must be remembered, however, that one must always be on his guard when dealing with the owner of an article who is trying to sell it, for his statements of opinion as to its value, or perhaps even his direct