discovering them, or made a fraudulent representation of her condition at the time of the sale.1

So it was decided that a person who lets premises must be taken to do so under an implied condition that they are in a habitable state, and that the tenant might quit as soon as he discovered the nuisance or defect. In one case the walls were in a dilapidated state; in another the sewerage was imperfect; and in another the house was infested with bugs.

In Smith v. Marrable, Mr. Baron Parke observed: "This is not the case of a contract, on the part of the plaintiff, that the premises are free from the nuisance; but it rather rests on an implied condition of law, that the plaintiff undertakes to let the premises in a habitable state."

But this was soon overruled, and it was decided that on a demise of houses or lands there is not any implied warranty that the property is fit for the purpose intended3; and Smith v. Marrable was only justified on the ground that it was a mixed demise of a house and furniture.

It may here be observed that, in an action for rent, the tenant has no defence so long as his estate or term continues.1 A tenant pleaded that the land was permanently overflowed with water; but the Court said "le soile remaine, et le lessee avera le pisce en le eaue."

5

Although the vendor has fraudulently concealed incumbrance, yet the purchaser cannot follow the purchase-money after it is disposed of by the vendor. In such a case, the remedy is under the covenants for title. But purchasemoney cannot be considered as irrevocably disposed of when merely paid into Court; if sufficient ground be shown, as misrepresentation of rent by a vendor, the Court will give compensation out of the funds paid in. But if there be no misrepresentation or concealment by the vendor, payment of purchase-money into Court is the same as payment to the

1 Schneider v. Heath, 3 Camp. 508.

6

2 See Smith v. Marrable, 11 Mee. & Wels. 5., and cases there cited; and see Cornfoot v. Fowke, 6 Mee. & Wels. 358.

3 Sutton v. Temple, 12 Mee. & Wels. 52.; Hart v. Windsor, Ibid. 68.

412 Mee and Wels. 79. et seq.

5 Cator v. Earl. of Pembroke, 1 Bro. C. C. 301.; 2 Ibid. 282.

Cann v. Cann, 3 Sim. 447.

vendor, and it cannot be recovered after the title is accepted and conveyance executed.1

In a case where a vendor filed a bill for a specific performance of a contract for the sale of a mansion house, and it was proved that the premises had the dry rot, and that this was known to the vendor, and that he had concealed and misrepresented the fact, the defendant, admitting the contract, was held entitled to compensation.2

In these cases we may remark, that the knowledge of the agent is the knowledge of the principal; for, as Lord Kenyon observed in Doe v. Martin3, "the maxim, that the principal is civilly responsible for the acts of his agent, universally prevails, both in Courts of Law and Equity." But a principal is not bound by declarations made by an agent after the contract.

ART. X.-THE CONFERENCE ON THE COMMERCIAL LAW OF ENGLAND, IRELAND, AND SCOTLAND.

THIS important and interesting event in the history of the Amendment of the Law, "came off" (in sporting phrase) on the 16th of November, and has fully answered the expectations of all who were concerned in it. The Conference was recognised as the first Meeting held in the metropolis, in which the mercantile community of the United Kingdom had an opportunity of assembling together and stating their wishes, and consulting as to the remedy for the grievances which affect them.

Referring to the Article on the proposed Conference in our last Number, we shall now bring down the history of the movement to the present time, regretting that we can devote so little space to the subject.

"THE PROGRAMME OF THE CONFERENCE WAS AS FOLLOWS:"I. On Monday evening, the 15th, at 7 o'clock, a Preliminary Meeting will be held.

"1. To adjust the proceedings of the Conference.

"2. To receive reports and suggestions from the Members of the Deputations.

"II. On Tuesday, the 16th, at 1 o'clock, the Conference will meet. Lord Brougham, the President of the Law Amendment Society, will take the chair.

"A statement of the objects of the Conference, and resolutions founded upon it, will be submitted.

"III. On Wednesday morning, the 17th, from 12 o'clock, A. M., the rooms of the Society will be open for the use of the Deputations.

"The Members of the Deputations are requested to leave their town addresses at the rooms of the Society, 21. Regent Street.

"THE RESOLUTIONS PASSED AT THE CONFERENCE WERE AS FOLLOWS.

"Moved by the Right Hon. M. T. Baines, M. P. (Leeds), seconded by Charles Turner, Esq., M.P. (Liverpool).

66

"I. That the Mercantile Laws of England, Ireland, and Scotland are scattered and disconnected, and in many instances dissimilar and even antagonistic; a state of things tending greatly to restrict and embarrass commerce by producing uncertainty, perplexity, and delay.'

"II. Moved by T. E. Headlam, Esq., M.P. (Newcastle), seconded by Germaine Lavie, Esq. (Incorporated Law Society).

"II. That it is highly desirable that a well-digested and well-arranged body of Mercantile Law should be framed and established for the whole of the three kingdoms.'

"Moved by W. N. Massey, Esq., M.P. (Newport), seconded by Alexander Hastie, Esq., M. P. (Glasgow), supported by James Aspinal Turner, Esq., President of the Commercial Association (Manchester).

"III. That, dismissing all local and even national prejudices, the assimilation and improvement of the Mercantile Laws of the Three Kingdoms, and the improvement, and, where requisite, the assimilation of the procedure, should be effected by selecting those principles and rules, where

ever they may be found, which shall be deemed the best and most beneficial to the commercial classes and to the community at large; and that to this end it is necessary carefully to examine the Mercantile Laws, and to have recourse to the experience of other countries.'

"Moved by Robert Baird, Esq., Writer (Glasgow), seconded by William Rand, Esq., President of the Chamber of Commerce (Bradford).

"IV. That it is desirable that this assimilation and improvement should be brought about by a general revision, amendment, and consolidation of the different branches of the Mercantile Law taken successively; but that while these larger measures are proceeding, much immediate relief might be afforded by a series of single Acts addressed to the more pressing and grievous evils; which Acts, by proper arrangements, might be made subservient to the ultimate object.'

"Moved by John Dillon, Esq. (Morrison, Dillon, & Co., London), seconded by S. T. Hassell, Esq., President of the Chamber of Commerce (Hull).

"V. That while this work is going forward, it is important that no new measures of Mercantile Law should be introduced into Parliament, but such as may apply generally to the Three Kingdoms, or serve as steps towards a general assimilation.'

"Moved by the Right Hon. the Earl of Harrowby, seconded by William Brown, Esq., M.P. (South Lancashire).

“VI. That a Commission, consisting of members of both Houses of Parliament and members of the Legal and Commercial Professions, appears the most efficient means of obtaining the desired results.'

"Moved by Charles Cowan, Esq. M.P. (Edinburgh), seconded by Christian Allhusen, Esq. (Newcastle).

"VII. That the President, Vice-Presidents, and Council of the Law Amendment Society, and the following gentlemen-Lord Wharncliffe, Lord Ashburton, Lord Monteagle, Lord Goderich, M.P.; the Right Hon. M. T. Baines, M.P.; the Hon. Arthur Kinnaird, M. P.; Mr. Dillon; Mr. Bethell, Q. C., M.P.; Mr. Thomson Hankey, Mr. W. S. Lindsay, Mr. T. B. Horsfall, M.P.; Mr. Cobden, M.P.; Mr. Turner, M.P.; Mr. Hastie, M.P.; Mr. Massey, M. P.; Mr. Lavie, Mr. Alderman Copeland, Mr. Leone Levi, Mr. Alderman

Thompson, M.P.; Mr. Slater, Mr. Kennedy, M.P.; Mr. Cairns, M. P.; Mr. Headlam, M. P.; Sir George Goodman, M. P.; Mr. Cowan, M.P.; Sir A. E. Cockburn, M. P.; Mr. W. Hutt, M.P.; Mr. Crossley, M. P.; with power to add to their number-be appointed a Committee to represent the views of this Conference to Her Majesty's Government, and to take such other measures as may from time to time appear necessary for carrying these views into effect.'

"Moved by William Hutt, Esq., M. P., seconded by Mr. Morgan, Town Clerk (Birmingham).

"VIII. That this Meeting recognises with pleasure and approval the efforts which have been made by other bodies besides the Law Amendment Society for the assimilation and improvement of the Mercantile Laws of the Three Kingdoms, but would suggest for the consideration of these bodies, whether their future efforts would not be more efficient if made in connexion with those of the abovementioned Committee.'

"Moved by William Ewart, Esq., M.P., seconded by Robert Ingham, Esq., M.P.

"Thanks to chairman.""

The proceedings of Monday, the 15th November, 1852, are abridged from the reports in the daily prints, and were as follows:

:

"A conference of deputations of Town Councillors, Chambers of Commerce, and other public bodies, has been held in London during the past month, for the purpose of promoting the assimilation of the Commercial Laws of the United Kingdom. The conference was held at the rooms of the Society for Promoting the Amendment of the Law, 21. Regent Street. On the evening of Monday 15th November, Lord Brougham, the noble President of the Society, the Earl of Harrowby, James Stewart, Esq., William Hawes, Esq., and several other members of the Council, attended at seven o'clock, for the purpose of receiving the various deputies, and arranging the plan of proceeding to be adopted in the Conference.

"The following are the deputations from Chambers of Commerce and other public bodies: :

Aylesbury ............John Lee, Esq., D.C.L.