The Abolition of Roman-Dutch Law in British Guiana. 99 
on what another thing of the same kind will fetch, or it may be left to the decision 
of a third party.” It can also be fixed by custom, as in the case of market 
price, if that is sufficiently certain at the time. 
It will be seen, therefore, that there was no cause for the cry of dissatisfaction 
that arose when the original decision was given, apart from that which natural- 
ly arises from an erroneous judgment. Whilst on this subject, however, it 
might be recommended for the consideration of commercial readers and lawyers 
whether the existing law might not be profitably and reasonably amended 
or consolidated by the imtroduction of some such measure on the lines of the 
English Sale of Goods Act, which codified the law in England. Legislation 
on those lines has on several occasions seemed to be not only wise but necessary 
and not only in this colony but elsewhere, and it appears to me to give proper 
scope for those who wish to make some change in the existing law. Whethe« 
such a change should involve the introduction of all that is contained in the 
English Act, rather than be merely a codification of our common law and 
existing practice, or whether some or any of the principles of our law should 
be retained is not for me to say here. 
In British Guiana, ot course, laesio enormis may be pleaded as a ground 
for rescinding a sale whilst a further difference deals with the question of 
warranty. In English law the presumption is that the principle of caveat 
emptor applies, whereas in Roman-Dutch law, warranty is presumed unless it 
is expressly excluded. Differences such as these would necessarily have to be 
carefully considered in the course of the drafting of any bill. 
That Roman-Dutch law is based on principles of equity and justice, 
is perhaps iather a needless statement as it is also when speaking 
of English law. Cases, however, come to mind in which the latter 
seems harsh and inequitable when compared with the law in this 
colony. Take a case which especially rises in our minds here: It 
is well-known that over fifty per cent. of the children born in British Guiana 
are illegitimate. Vailous explanations have been given as tu the cause of this, 
but whether thuse explanations are right or wrong, unfortunately there seems 
not much prospect of improvement. However that may be, under the existing 
law, provided illegitimate childien are not born from adulterous intercourse, 
their parents are enabled to remedy the wrong they have done to them by a 
subsequent marriage together. Such a marriage will legitimise the offspring 
here, bué it is not so in England. In English law an illegitimate child is the 
child of no one, without name and without parents, an outcast; Romar-Dutch 
law would soften this, supplies a remedy, and even if that remedy is not made 
use of, yet leaves the child a mother with the right of inheriting property 
from and through her. 
One other example may be mentioned and one which it is now sought to 
introduce into English law. If divorce is recognised by the State, why should 
a distinction be made betweenthe acts of men and those of women. In English 
law man is placed on a different plane to woman, but Roman-Dutch law 
would treat them alike. 
