The Press. — London, England, 1858-03-20 00:00:00

Belgium, and honest endeavours to serve his country as a statesman. A missionary from this place went home last year, and was baptized by Mr. Noel ; and I believe is to come out here to labour amongst the heathen. Cassidy was his name. I got yesterday the best news from Mrs. Havelock and my children at Bonn on the Rhine. Now, with regards to —, I remain, ever sincerely yours,— H. HAVELOCK. I safely received the illustrated newspaper at the period of the Duke's death. Accept my thanks for it. We shall have other opportunities of dwelling on Llavelock's history, when a full biography of him will be published. The Student's Blackstone. By Robert Malcolm Kerr, LL.D., Barrister-at-Law. London : Murray. THIS book is, we believe, intended primarily for the benefit of those who propose to be examined for the new degree of " Associate of Arts " in the University of Oxford. Though we have already expressed our doubts as to the wisdom of the scheme of which these examinations are to be the result, we are not therefore bound to object to the class of publications which it may call forth, nor are we likely to do so if they continue to bo executed with the same ability as is shown in the compilation before us. Blackstone is probably the only law book (if we except Lord St. Leonards' railway volume) which is extensively read by non-professional persons, but the great length either of the original work or of the numerous adap tations of it by recent writers, together with the un avoidable dryness and technicality of the portions relating to Real Property and Criminal Law, have doubtless repelled many who have felt a laudable desire to become acquainted with the Constitution under which they live and the regulations of muni cipal or social life which habitually surround them. Mr. Warren's abridgment is moderate in size, but in reducing the four volumes of Blackstone to one it may be doubted whether he has not fallen into the error of too great a compression of his materials. And, though Mr. Warren does not write badly, on the whole, there are few who will be willing to lose every trace of the terse style and clear exposition of the older writer. It is a happy idea, then, which has prompted Mr. Kerr to eliminate from his present undertaking all those parts of Blackstone's work which belong exclusively to technical or professional readers, and to bring together from various parts of it, and from subsequent sources, all that kind of information which it is necessary for every one to possess who desires to understand the working of the great machine of government, and to gain some idea of the various subordinate wheels by which its func tions are carried on in their several departments. Every one who has attempted to take part in public affairs, or even to understand the contents of a daily newspaper, must have felt the want of such a manual of "common things" as is here presented to us. Readers will of course differ as to the utility of this or that portion according to their several callings or desires for information, and no arrangement of such heterogeneous materials as those to which law relates can possibly satisfy everybody. Some will consider that a few hints on the devolution of rea property might have been introduced; some will desiderata a little commercial law ; some, an exposi. lion of bills of exchange and the like • some, an account of the method of making wills an d carrying them into effect. But most persons will probablg agree that Mr. Kerr's selection is about as good 6 one as could be made for general purposes, indel pendently of its special adaptation to the studies of prospective " Associates." The principle which, we think, ought to govern a work of this kind is that of excluding all points on which it is absolutely neer*. miry to apply for advice to a professional person. Where property is to change hands, injuries are to be redressed, or crime is to be punished, no one thinks of acting for himself nny more than of setting a broken limb or trying to cure a scarlet fever without th e aid of the surgeon and physician. But, on the other hand, no one would inquire of his solicitor re specting the law of natiens,or pay six-and-eightpence for being told that the Cabinet has no legal existence. But, as be may wish to know something on these and similar points, he must have recourse to some such nianual as Blackstone or his editors ; and we are happy to say that the editor with whom we are now concerned has included most of the subjects on which educated persons ordinarily desire to be informed. Mr. Kerr has divided his book into nineteen chap ters taken for the most part from Blackstone, dis tinguishing his own additions by inverted commas. These occur in almost every page, and show that great care has been bestowed in bringing the work 'up to the present state of the law. Prefixed is an introduction on law in general, the laws of England in particular, and of the countries subject to them ; coinciding almost entirely with the corresponding work. After describing in right of individuals as re , property, be goes on to con 'arliament, including its origin, - --*nrna, and the qualiflea• portion of the original work Chapter 1. the absolute right garde their person and propel eider the subject of Parliament its history ; its laws and CUSiOE Tilt 1 3 11ESS, MARCH 20, 1858. done of electors and representatives ; the Sovereign and his title, the Royal family, councils, duties, pre rogative, and revenue. The succeeding chapter, on Courts of Justice, contains a passage in which the difference between law and equity—a question often asked and not always answered—is very clearly stated. After showing, with Blackstone, that the difference does not oonsisteither in" abatement of the "rigour of the common law," or in "adhering to the " spirit as opposed to the letter," or " in acting on " the opinion of the judge," he thus proceeds : Such, then, being the parity of law and reason, which govern both species of courts, " why should the relief af forded in the one differ from the redress obtainable in the other? To which question there is, in truth, no answer ; except that so it has been from the first, and so it is. To instance the case of waste, which is a spoil and destruction of the estate (as by cutting down timber, or pulling down a house), committed by him who is in possession, to the injury of the person entitled to the reversion of the pro perty. For this the law awards redress in the shape of damages ; but this redress is evidently nut a complete remedy, for the reversioner is entitled to have the property, with all its advantages, and not merely damages for the loss of them. The chancellor in early times, therefore, inter fered, and the courts, on the precedent, now constantly do, to prevent the waste from being committed. And so, in the case of a breech of contract ; a court of equity will com pel a party specifically to perform his agreement, whereas courts of law in general can only give damages for the breach of it. Briefly, courts of equity prevent wrongs, courts of law redress them when committed ; a distinction as to the mode of relief, which will be found to exist with respect to almost all those civil injuries of which the courts of law and the courts of equity take a concurrent cog nisance." " Again, in the courts of common law there are pre seribed forms of proceedings, derived from the original writs issued from chancery, which constituted the founda- tion of the jurisdiction, and to these a party must confine himself. In the action itself a general and unqualified judgment only can be given, for the plaintiff or for the de fendant, without any adaptation of it to particular circum stances. But courts of equity are not so restrained. Although they have prescribed forms of proceeding, the latter are flexible, and may be suited to the different cir• camstancee of different oases. They may adjust their de. crees, and thereby vary, qualify, restrain, and model the remedy, so as to suit it to mutual and adverse claims, con trolling equities, and the real and substantial rights of the parties. Nay, more ; the) can bring before them all parties interested in the suliject matter, and adjust the rights of all, however numerous ; whereas courts of common law are compelled to limit their inquiry to the exact question be tween the parties in the litigation before them, although other parsons may have the deepest interest in the event of the suit. To this succeeds an account of the Magistracy, Clergy, Nobility, and Commonalty, and the Military system. The latter part is occupied with what are usually called " Rights in Private Relations"—i.e., those of master and servant, husband and wife, parent and child, and guardian and ward. To the chapter on Master and Servant Mr. Kerr has added several pages on the relation of principal and agent, a point too cursorily treated by some previous editors ; and to the concluding chapter, on Corporations, is appended some information, especially useful at the present time, on the subject of trading companies. We had formerly occasion to commend Mr. Kerr's edition of the whole of Blackstone, and though, of all the editors, we are of opinion that Sergeant Stephen has adopted the most scientific arrange ment, we have no objection on that account to offer to the present selection, which seems well calculated to be popular, and to answer the purpose for which it has been compiled. The Shareholder's Legal Guide. By T. H. Mark. ham, M.A. London : Robertson. THE dedication of this volume will sufficiently ex plain its aim. The work is small, but it is complete, and in its nineteen chapters the shareholder in a public company will learn the exact extent of his liabilities, while persons desirous of irmesting their capital in public companies are enabled at a glance to ascertain the responsibilities they are liable to incur.— The Legislature (remarks Mr. Markham) has, it is sub mitted, in regulating the liabilities of shareholders in different classes of companies, acted wisely in refusing to confer exemptions on shareholders, save in exchange for some corresponding benefit to the public. Thus railway, dock, canal, gas, waterworks, cemeteries, and market com panies, are very frequently a benefit to the public, and if persons can be found to subscribe funds for the construc• tion of such companies, the Legislature, in return for the benefit which the public must derive from their establish ment generally, confers upon their shareholders limited liability. Whereas in the case of companies formed to carry on, say a distillery, or to sell groceries, the object is not one by any means necessarily for the benefit of the public, and no sound or politic reason exists why the five hundred distillers or the five hundred grocers should not be equally liable with the one distiller and the one grocer; they take the profits and should bear the losses ; and their object and its results are not even incidentally to benefit the public, but to fill their own pockets ; but whether this reason be accepted or not, it is an undoubted fact, that in some companies the shareholders are not liable beyond their unpaid calls, whereas in others they are liable for all the debts of the concern. Those companies, then, in which a sharehold er may invest with comparative sectirity, on the ground that h e Can lose no more than his share, are, amongst others, railway, waterworks, gas, canal, d oc k, d ra i nage, and other like societies, of a nature to 'serve the public at large. Such companies are for the most part subject to an Act of Parliament, which became law thirteen years ago, and which provides that the shareholders shall be made liable to the creditors of the company to the extent of their shares only. The book is written for laymen, not for lawyers. In style it is simple and comprehensive, and the author in his remarks exhibits a thorough acquaint ance with the state of the law as affecting public companies. PUBLICATIONS RECEIVED.-MARCH 19. BOOKS. The Most Holy Book of Psalms ' Literally Rendered ion() English Verse, according to the Prayer•book Version. lty Edgar Alfred Rouring. J. W. Parker and Son. The Nature and Purpose of God. Second Part. Blackwood and Son, Memoirs of the Early Italian Painters. By Mrs. Jameson, John Murray. Letters from Spain in 1856 and 18:57. By John Leycester Adolphus, MA. John Murray, Cream. By Charles Reads, Author of " White Lies," dtc. Trubner and Co. PAMPHLETS. The Commercial Crisis of 1837; its Cilium—Report to the Registrar• General on the International Statistical Congreu, held at Vienna in 18,57.—The Future Government of haul. By Major M. H. Court, M.R.A.S. Allen and Son—A See. mon for the Times. By the Rev. W. Brock, M.A. Hatchard. The Comprehensive History of England. Part VII. and VIII. BLit:lie and Son. HEE Bre.tEsnes TaisAnut.—.Signor Giuglini, we regret to say, was so seriously unwell last night as to be unable to appear in the part assigned to him in Zingara, the opera he selected for his benefit. The Figlia del Reggiwento was substituted at very short notice. 'ehe house was very fully attended, and great sympathy was expressed for the indisposition of Signor Giuglini, who, we trust, will shortly be restored to perfect health. fitelltg pad anD ttitg Livia FRIDAY EVENING. THE return of the Bank of England for the week ending Wednesday last, the 17th inst., shows the following changes compared with that for the week preceding : Decrease in Circulation Increase in Public Deposits Decrease in Other Deposits Decrease in Government'Securities 457 Decrease in Other Securities Increase in Bullion Increase in Rest 1,6,92 Increase in Reserve Bullion in both Departments Circulation, including Bank Post Bills This comparison presents the same general features that have marked the returns now for a number of weeks, namely, a continuous increase in the stock of bullion and in the reserve of notes. The Privat e Securities also continue to fall off, but less Ibis week than in some preceding weeks ; and it may be ex pected that this item will not descend much below its present amount. The bullion is within a fraction of 18,000,0001., while the unemployed notes exceed 12,300,0001. With such a state of things it is clear that if the rate of discount is not reduced next week it will be because the Directors are of opinion that even a two-and-a-half per cent. rate would fail to stimulate the active employment of capital to anY important additional extent. There is still comparatively little demand for capital, though the internal trade of the country Is certainly reviving. It is reviving, however, appa rently only to meet current wants. Stocks are cer tainly not increasing. In connection with this fact may be taken the stationary character of our foreign commerce at the present moment. From these two causes alone, apart from any considerations of the extension of commercial confidence, the existing dulness of mercantile speculation has arisen.; and its natural consequence is extreme inactivity in the Money Market. It is di ffi cult to place any large amount of capital in unexceptionable bills, because transactions which such bills would represent aro comparatively limited, and there is no dispo sitio n to encourage any but the most legitimate en ter p rise ! . Under these circumstances, the Money blazket ts shout the same as last week, but, if anything, with a somewhat better demand on account of the home trade. Rates remain at two and a quarte r to two