The Sun.
London, England, 1850-06-21 00:00:00

pointed" and "c :sual," are next successively discussed
with legal ability and logical precision. Indeed, this
first sec!ion of the "Introduction," occupying only
5 pages, we found replete with interest and instruc-
tion, and furnishes a concise but complete view of
those original powers or laws cf mind on
which the use or abuse of human testimony is en.
tirely dependent. In the second section of this able
"Introduction" our author proceeds to treat in a
very masterly style of " judicial evidence," by which
he intends " the evidence received by courts of justice
in proof or disproof of facts the existence of which
comes in dispute before them." Having wisely re-
tnarlied that judicial evidence is nothing
.more
(end, we would add, considering the nature
nod dignity of the latter, nothing lees) than
natural evidence, restrained or modified by positive
Jules of law, he considers the question whence. the
utility or necessity of such rules ? Perfect distribu-
tive justice—that justice which to each act of every
man's life would administer the very meed cf reward
or punishment, of blame or praise which is its due—
which would decide every controversy with infallible
corractuess, and, being incapable of doing wrong,
would be without and above appeal—such justice
belongs only to Him who canno:-. err—

Who all things sees—and all things hears."
But to mark the road of perfection, and approach
to it—to strive ever to secure the best practicable
dispensation of justice, this is the legitimate end
of municipal law, and this is attained by propound-
ing general rules, the undeviating observance of which
may violate distributive justice in a particular in-
stance, but will tend to the preservation of the common
weal and the promotion of human happiness on the
whole. "To administer perfect attributive (we
would use the term " distributive") • justice," writes
Mr. Best, "in all questions to which the innumer-
able combinations of human actions give birth, is
the high prerogative of Omniscience and impecca-
bility," but, an unclouded view and unerring decision
being denied us, " the observation of nature has
taught the reflecting portion of mankind that great
ends are best attained by the steady operation of
fixed general laws." The necessity for limiting the
discretion of judicial tribunals in determining facts is
next treated of, and, in doing so, Mr. Bentham's fal-
lacy of supposing a complete analogy between public
and domestic judicature is detected and confuted. Ob-
serving upon the necessity of speedy action in human
tribunals, whence the maxim " Interest reipublicre ut
sit finis actionum," Mr. Best eloquently says—
" Questions of philosophy, whether natural or moral,
as well as questions of history, rest for the most part in
speculation, and may be undertaken, dropped, and re-
newed at pleasure ur convenience. Whether, for in-
stance, the lam of gravitation extends beyond the solar
system; whether there is any law of relation between
the magnitudes of the planets and their distances from
the sun; whether the motion of each of what are inac-
curately termed fixed stars is independent or only forma
part of some gigantic system, are at present matters for
investigation, lying open to men in general . . . .
but judicial inquiries didi.r widely from all these,—the
plaintiff and defendant stand before the tribunal, and both
individual and social interests require a decision prompt
and conclusive."

Havincr shown the importance of rules for the dis-
posal of matters of fact and regulating the burthen
of proaf bat ween litigating parties, the nature and
principles of legal presumptions, as well as the abuses to
which they are subject, are considered and illustrated.
Legal and historical truth are not the same in cha-
racter, nor are the securities of the latter sufficient to
guard tigAinst the risks of error inevitable in the
pursuit of the former. " The legislator dealing with
judicial evidence is bound to frame characteristic
securities to meet characteristic dangers." The
punishments for perjury are the legal or political
sanctions of truth ; and so venerable is the security of
an oath, that it is a maxim of our law, " non crcditur
nisi juratis" (vel affirmantibus ?). Another security
is iu the preservation of evidence by writing, and
other solarunities, and the rejection of the testimony
of suspected persons or documents. The number of
witnesses, too, required to establish a legal crime is a
further and a powerful guarantee. Mr. Best next
examines the doctrine (which has found so many
continental admirers) of what civilians and casuists
call "plena probatio," but he styles " artificial legal
conviction," viz., a system of mechanical belief depend-
ent on the pawer of certain given quantities of proof.
The use of arithmetical calculations for estimating
the value of evidence has found a gifted advocate in
Bentham, but his celebrated "scale" is itself placed
by Mr. Best in the " balance," and found wanting.
The fallacy of that great writer is shown to consist
in his scale being of necessity infinite, and therefore,
of necessity*, inapplicable. Having shown the prin•
ciples on which judicial evidence is founded, having
demonstrated its uses and importance, and pointed
out its deficiences and abuses, our author closes
his " Introduction." He then opens upon the great
sulkt itself—the English law of evidence, which be
proceeds to treat of under three principal divisions.
Ist. Taking n general view of the system-2d. Con-
sidering the instruments of evidence, and-3J. Ex-
amining the principal rules which regulate its ad-
missibility and effect. Space and time, unfortunately,
we have not now to review the rest of this book with

the care and gravity such a subjtct and such a
writer deserve. It may be we shall hereafter hay:. an
opportunity to resume where we reluctantly leave off,
fir having lingered thus long with pleasure over his
introductory pages, we believe the more we read
the more we should admire. The well-ordered ap-
proach to a fine building argues much for the beauty
and effect of the interior. We have, at all events,
read enough to qualify us to form an opinion of the
author, and if our estimation of his talents, his erudi-
tion, his industry, and his taste, can tend to promote
his interests or extend his reputation, we can only
say he has won it, and that highly. It is to such
men the profession of the bar is, after all, indebted
for its true character and proper illustration, and
while works like the present emanate from its ranks
it wants nothing ef future promise—it has lost
nothing of ancient renown.

MR. LUMLEY'S FETE TO MM. SCRIBE

AND HALEVY.

On WodnesdaySir7L;rtsareti brilliant mete and
drjeuner artistique at his villa, at Fulham, to MM. Scribe
and 11a167y. The grounds were laid out in the most
exquisite taste. When evening came on the grounds
were illuminated, and the brilliant lamps sparkling
:among the trees and flowers gave to the whole an ap-
pear:awe of fairy lam!. There were boat races on the river,
and in the grounds archery and other amusements,
whit-t, as regards music and dancing, it was a very
festival if art. The elite of almost every nation of the
world, front Russia to Nepaul, were there assembled, and
never in the annals cf festivals do we remember such
reunion of rank, talent, and beauty.

Among the distinguished personages who were pre-
sent we observed the following:—His Excellency
! General Jung Behadur Koonwur Ranajee, Colonel
Juggut Shumshero Koonwur Ranajee, Colonel Dheer
Shumshere Koonwur Ranajee, Rummihr Singh Adhi-
kares Khagee Khurbeer Kbutree, Handal Singh Thapa,
Khubce, Khutree, Lal Singh Khutree, the Duke of
Cleseland, the Duke of Leeds, the Duke of Leinster,
his Excellency the Baron de Brunnow, the Count de
Maresralchi, Charge d'Affaires of France; his Excel-
lency the Baron and Baroness Rehausen, the Marquis of
Huntley, the Marquis of Granby, the Marquis of Bath,
the Earl of Benst, the Earl of Falmouth, the Earl of
Malmesbury, the Earl and Countess of Powlett, the E arl
of Southampton, the Earl of Shelburne, the Earl of Lone•
dale, the Earl of Mountcharles, le Marquis d'Azeglio, le
Marqnis Centurione, the Viscount Mahon, the Viscount
Malden, the Viscount Mandeville, the Viscount Anson,
the Viscount Cranbourne, the Viscount Clifden,
the Viscount Dupplin, Lord Anuesley, the Viscount En-
field, the Viscount Exmouth, the Viscount Templeton,
the Viscount Ranelagh, the Viscount Maidstone, the
Viscount Canterbury, the Count de Barks, Lord
Brougham, Lord George Paget, Lord Harry Vane,
Lord Beaumont, Lord Brooke, Lord W. Lennox, Lord
do Tabley, Lord Otho Fitzgerald, the Baron de Gold-
staid, Lord Harry Loftus, Lord Sandys, Lord Saltoun,
the Countess of Harrington and the Lady Jane St.
Maur Stanhope, the Countess of DLIngArVOLI, the Vis-
countess Forbes and the Misses Weatcombe, the Count
and Countess de Rossi, the Baroness de Rothschild, the
Baron Mayer de Rothschild, the Baron and Baroness
Charles de Rothschild, the lion. A. Willoughby, the
the Icon.
Lyon,
Colonel
• R. Bourke.
titemilAol.l.Unp.rocnarenddMidris; UthepHtoonn,.
Claude
the Hon. Dawson Darner, M.P., the Hon. A. Duncomte,
Colonel the Hon. C. Fox, the Hon. Fleetwood Pellew,
Colonel the Hon. C. Grey, Colonel Hamilton, Colonel
John Macdonald, Bart., Sir Denham Nor.
rays
oidw foerrdL3 Bert.,
, Sir Ralph Howard, Bart., M.P., Lady and
Ladys and Is' 11-l)w rls Wdi
Generaloo-d r,
Sir Alexander
r d‘Vßu °
Bart., Sir Edward Butler, Bart.. end Lady Butler, sir
Edtv,rd Shakerley, Bart., Sir William Somerville, Bart.,
M.l'., Lady and Miss O'Donel, Lady Morgan, Sir John
and Lady Bayley, Sir John and Lady Campbell, Sir
John and Lady Kirkland, Sir George and Lady Smart,
Sir John Lowther, M.P., Sir Thomas and Lady Barrett
Kennard. Sir Edward, Lady, and Miss Sugden, Sir Tho-
mas, Lady, and Miss Talfourd, Sir Frederick Trenoh,
Bart, M.P., Sir Henry Webb, Bart., Mrs. Grote and
Miss no:orley, Mr. and Mrs. Brereton Trelawney. the
Greek Consul and Madame ltalli, Mr. Ker, M.P., Cap-
tain Lion, Mr. W. Locke, Mr. Mackinnon. M.l'., Mr.
Sergeant Murphy, Mr. Moncktun Milnes, M.P.,Hon. B. C.
Neville, Mr. and Mrs. Oliviera, Mr. Paulo, Mr. Paolo,
M.P., and Mrs. Packe Reading. and Miss Jane Packs, Mr,
alit Mrs. I'rinreps, Mr. and Mrs. John Sandford, Mr.,
AL-a. and the Misses Melt tisno(7s
,t,A
Colonel
oonwheari., Coloneltijor
Dickson, Colonel, Mrs., a
Moutijoy 111.:.rtyn, B. Disraeli, and Mrs. Disraeli,
BAIT), 11.1dr:in. M,P.. and Miss Baldwin, M. de Berg,
Mr. and Mrs. Hubert do Bur b, Hon. Colonel and Mrs.
I' got', M. and Madame Breuin Mrs.
n ancl"),l.,isasnri lairs.
Borth-
wick, . Bernal, M.P., Bernal Osb,vne, i\ila
Osborne, Henry Baring, M. P., E. Cutler, Esq., 11. Sin-
gleton, Ecq., 132.i1ie Cochrane, M.P., Mr. Cubitt, M.P.,
and the Mtsres Cubitt, Mrs. and Miss Gorr, Mr. and
Mrs. Palmer, Captain Harry Lee Carter, Hon. Major
Needham,
M.P.,
and Mrs. Dodd, and Miss
SI•-ui-:dc•r s the Chevalier Dodd,
Drouet, Mr. Milner Gibson,
M. do Dervieu, the Count de Wielouski, Colonel Lewis,
Captain Warburton, Mr. E. Bligh, Captain Galway,
Capn,in Arthur, Mr. Thacliaray, Mr. and Mrs. Town-
ley, the lion. General Upton, M. and Madame Scribe,
M. and Mad4mo litilevy, Mr. and Mrs, Chalet Dickens