VERY HARD CASH.

BY THE AUTHOR OF "IT IS NEVER TOO LATE TO MEND."

CHAPTER XLVIII.

ALFRED HARDIE spent three days writhing in
his little lodging. His situation had been sadder,
but never more irritating. By right possessor
of thousands, yet in fact reduced to one suit, two
shirts, and half-a-crown: rich in intellect, yet
hunted as a madman: affianced to the loveliest
girl in England, yet afraid to go near her for fear
of being torn from her again, and for ever. All
this could last but one week more; but a week's
positive torture was no trifle to contemplate,
with a rival at his Julia's ear all the time. Suppose
she should have been faithful all these
months, but in this last week should be worn
out and give herself to another: such things had
been known. He went to Lincoln's Inn with
this irritating fear tearing him like a vulture.
Mr. Compton received him cheerfully, and told
him he had begun operations in Hardie versus
Hardie: had written to Thomas Hardie two days
ago, and inquired his London solicitor, and
whether that gentleman would accept service of
the writ in Hardie versus Hardie.

"To Thomas Hardie? Why, what has he to
do with it?" asked Alfred.

"He is the defendant in the suit." Then
seeing amazement and incredulity on Alfred's
face, he explained that the Commissioners of
Lunacy had treated him with great courtesy;
had at once furnished him with copies, not only
of the order and certificates, but of other valuable
documents. "And there," said he, "lies the
order; signed by Thomas Hardie, of Clare
Court, Yorkshire."

"Curse his impudence," cried Alfred, in a
fury: "why, sir, he is next door to an idiot
himself."

"What does that matter? Ah, now, if I had
gone in a passion and indicted him, there would be
a defence directly; "no malice, defendant being
non compos." Whereas, by gently, quietly, suing
him, even if he was a lunatic we would make
him or his estate pay a round sum for falsely imprisoning
a sane Briton. By-the-by, here is
counsel's opinion on your case," and he handed
him a short opinion of a distinguished Queen's
Counsel, the concluding words of which were
these:

3. If the certificates and order are in legal
form, and were made and given bonâ fide, no
action lies for the capture or detention of
Mr. Hardie.

"Why it is dead against me," said Alfred.
"There goes the one rotten reed you had left
me."

"Singularly dead," said the attorney, coolly:
"he does not even say 'I am of opinion.' He is
in great practice, and hard-worked: in his hurry
he has taken up the Lunacy Acts, and has
forgotten that the rights of sane Englishmen
are not the creatures of these little trumpery
statutes; no, thank you; our rights are centuries
older, and prevail wherever, by good luck,
the statutes of the realm are silent; now they
are all silent about incarcerating sane men. Besides,
he gives no cases. What is an opinion without
a precedent? a lawyer's guess. I thought
so little of his opinion that I sent the case to a
clever junior, who has got time to think before
he writes." Colls entered soon after with the
said junior's opinion. Mr. Compton opened it,
and saying, " Now let us see what he says," read
it to Alfred. It ran thus:

"There was clearly a right of action under the
common law: and it has been exercised.
Anderdon v. Brothers; Paternoster v. Paternoster, &c.
Such a right can only be annulled by the express
terms of a statute: now the 8 and 9 Victoria,
cap. 100, sect. 99, so annuls it, as against
the madhouse proprietor only. That, therefore,
is the statutory exception, and tends to confirm
the common right. If the facts are as represented
(on which, of course, I can form no
opinion), Mr. Hardie can safely sue the person
who signed the order for his alleged false
imprisonment.

"I agree with you that the usual course by
praying the Court of Chancery for a Commission
de Lunatico Inquirendo, is timorous, and rests on
prejudice. Plt., if successful, is saddled with his
own costs, and sometimes with Deft.'s, and obtains
no compensation. It seems clear that a jury sitting
at Nisi Prius can deal as well with the main fact
as can a jury sitting by the order of the
Chancellor; and I need not say the costs will go
with their verdict, to say nothing of the damages,
which may be heavy. On the other hand, an
indictment is hazardous; and I think you can lose
nothing by beginning with the suit. By having a