INTRODUCTORY CHAPTER.

THE object of this work, as already stated in the Preface, is to give, in as comprehensive a manner as is possible within moderate limits, an account of the present laws of England, and a main idea throughout has been to bring into special prominence the present and living law, and only to deal with past law, or that which is practically obsolete, so far as it is necessary to enable the reader to understand the present. As, however, it is often necessary, in considering a legal question, to follow the old principle laid down by Lord Coke, melius est petere fontes quam sectari rivulos, and to trace the law to its source, references have, as far as possible, throughout the work been given to authorities, where the diligent student can obtain the fullest and most accurate information on the various subjects discussed.

The celebrated author of the 'Curiosities of Literature' ('), has told us that the introduction to a literary work being the entrance to the book, ought to be rendered as inviting as possible to the reader, and ought to contain something analogous to the work itself: "An elegant porch announces the splendour of the interior. A good preface is as essential to put the reader into good humour, as a good prologue is to a play, or a fine symphony to an

(1) Disraeli's 'Curiosities of Literature': Essay on Prefaces.

opera. The object of the present work being to deal concisely with a great variety of legal subjects, and to render substantial assistance to the student who desires to obtain within a reasonable compass a statement of the present laws of England, the aim of this Introductory Chapter, in order that it may be inviting to the reader and analogous to the work itself, must be to indicate briefly the general plan of the book and the order in which the various subjects treated of are discussed.

The first main division of this work deals with that perennial source of interest to mankind, that universal object of human desire-Property. The principal distinctions between the two classes of property, real and personal, are considered in the First Chapter. The remainder of Book I. is then devoted to the subject of Real Property, the law as to personal property being, however, in some places (see p. 9) considered simultaneously. The various estates and interests which can be enjoyed in real property are first considered, and then the various modes in which it may be dealt with by its owners by way of total or partial disposition, by conveyance, mortgage, lease, settlement, and will. In no portion of law have the great changes that have taken place in modern times been more conspicuous than in the law with regard to real property. The alterations which have been introduced into the law of real property by the Conveyancing Acts and the Settled Land Acts are considered in the appropriate parts of Book I., and particularly in Chapters VIII, IX., X., XI., and XII., which deal with the subjects of Conveyances on Sale, Mortgages, Leases, and Settlements. A separate chapter (Chapter XVIII.) is devoted to the consideration of the law as to the property of married women, while in Chapter XIX. the law as to charities (so far as it is connected with property), and mortmain is reviewed with special reference to the Mortmain and

and Charitable Uses Act, 1888. Book II. is devoted to Personal Property, and in dealing with that subject special chapters have been devoted to particular descriptions of property which have of recent years come into peculiar prominence. The law with regard to Negotiable Instruments, now to a great extent codified by the Bills of Exchange Act, 1882, is made the subject of Chapter IV. Policies of Insurance and Assurance are dealt with in Chapter V. Patents, Designs, and Trade-marks are considered in Chapters VII., VIII., and IX. respectively; Copyright in Chapter X. Chapter XI. is devoted to the difficult subject of Bills of Sale. Chapter XII. treats of the rules which govern the descent of personal property in cases of intestacy materially altered as they have been by the Intestates' Estates Act, 1890.

Next, after the consideration of the law with regard to property, comes the consideration of that portion of law which is more intimately connected with the administration of justice by the Courts. As in the study of physical force the laws of bodies at rest are usually treated apart from the laws of bodies in motion, so here the principles of English law which are chiefly concerned with that which is technically termed "non-contentious" business have been dealt with before we proceed to the consideration of "contentious" business. The great changes, not only in practice, but in principle, which have been introduced by the Judicature Acts and Rules are considered (p. 346, et seq.), and the general plan of the remainder of the work indicated (p. 358). Books III. and IV. treat of the principal business which now devolves upon the Queen's Bench Division, under the two main divisions of the Law of Contracts and the Law of Torts.

Book V. is concerned with Equity, and deals not only with the business which has been specially assigned by the Judicature Act to the Chancery Division, but also with

those other subjects which seem to fall most appropriately within this portion of the work. And here it should be borne in mind, as pointed out in a celebrated case (1) by that great judge the late Sir George Jessel, that with regard to many subjects "the doctrines of Equity are progressive, refined, altered, and improved; and, if we want to know what the rules of Equity are, we must look rather to the more modern than the more ancient cases." The doctrines of Equity are accordingly considered with special reference to the modern cases which may be regarded as settling the principles by which the Courts are guided in their decisions at the present day.

Many subjects which have been already considered in other portions of the work and in different bearings, are again brought before the reader in the Book devoted to Equity.

The law as to Trusts has been incidentally alluded to (p. 16, et seq.) in connection with the subject of Real Property, but in the Book devoted to Equity it is assigned the premier position, and attention is directed to the important changes which have been made in recent years by the Conveyancing Acts of 1881 and 1882, the Trustee Act, 1888, and the Trust Investment Act, 1889. Charities have already been brought before the attention of the reader in Book I., but here Trusts for their benefit are dealt with and the doctrine of cy-près is considered (p. 537, et seq.). Joint Tenancies and Tenancies in Common have previously occupied the attention of the student (p. 57, et seq.) as modes in which lands and tenements may be held in "concurrent ownership." Here the law as to the partition or sale of such estates is considered as a portion of the business assigned to the Chancery Division of the High Court. Mortgages have been considered in one of the

(1) In re Hallett's Estate, 13 Ch. D. 710.

chapters devoted to Real Property (p. 97, et seq.). They are now (p. 559, et seq.) considered along with Charges and Liens in their contentious aspects, and the rights of parties in proceedings for foreclosure and redemption. The law as to Infants, which has been to some extent discussed in connection with Real Property (p. 48) and Contracts (p. 386, et seq.) and Torts (p. 433, et seq.), is considered (p. 605) with special reference to actions by and against them, and the questions of their guardianship, custody, and religious education.

Other portions of the same book which may be here referred to, are Chapter X. dealing with the law of Partnership, codified to a great extent as it has been by the Partnership Act, 1890; Chapter XI. on the law of Companies (materially altered by the recent legislation of the Directors' Liability Act, 1890 (p. 645); the Companies (Memorandum of Association) Act, 1890 (p. 639); the Companies Winding-up Act, 1890 (p. 651)); and Chapter XVIII. on the business specially assigned to the Chancery Division.

Book VI. is concerned with Practice-well described by Lord Penzance as "the machinery of justice in its administration" (1)—and matters connected therewith, including (Chapter XVIII.) a notice of the various bodies other than the High Court which exercise jurisdiction in this country, and (Chapter XIX.) a review of the law concerning the position of Counsel and Solicitors, the members of the two branches of the profession to whom the conduct of legal business is entrusted. A new chapter (Chapter XVII.) has here been added to the present edition dealing chiefly with the remedies by means of which wrongs may in certain cases be redressed, or their continuance prevented by the exercise of extraordinary judicial powers.

(') See further on this subject, vol. ii. 701.