and failed, the complainant insisting that the manuscripts belonged to her, and had been improperly withheld, and that Beale had no authority to make the contract. The case is a peculiar one. The defendants are seeking to print and put into circulation a work in the name of an authoress, which name, as is obvious, is supposed to give to it its chief interest and attraction in the public estimation, against her remonstrance, and, as she claims, not only in violation of her rights, but also in some respects, as printed and sought to be published, in disparagement of her character, and one, and the principal answer to her complaint is that she is not the authoress, and that the work is the production of other minds. Another ground is, that although not the authoress, she consented, in consideration of receiving a portion of the profits of the work, that her name should be used as the authoress of it. A third, that being the authoress and proprietor, and therefore having a right to control the printing and publication, she authorized Beale, one of the defendants, to contract for the same with De Witt & Davenport, two of the other defendants. There is no pretense that he had any written authority. It is sought to be made out by verbal statements and corroborating circumstances. This is met by the denial of authority in any form by the complainant, supported by the deposition of her father and sister. If they are to be credited, Beale has repeatedly admitted that he had no authority, had done wrong, and expressed his regret at his conduct in the business. The deposition of the father, who naturally must have taken a deep interest in the matter, is very full and particular, both as to the relation on which Beale stood in respect to the manuscripts of his daughter, the terms and conditions of it, and also as to his admissions since the difficulty has arisen, repeatedly made to the father, that he had acted without authority in entering into the contract for publication. The book itself contains a certificate of the mayor, and other public men of Norfolk, of the character of the father as "a gentleman of probity and honor," and entitled, therefore, to the highest confidence. We are satisfied, therefore, that neither of these grounds of defense has been sustained, and that in the present posture of the case, the preliminary injunction heretofore granted must be continued till the final hearing. LIABILITY OF A LODGING-HOUSE KEEPER. In the American Law Register, for March, is an essay on the "Liability of Lodging-House Keepers," with which it would be well for such persons to be acquainted. A case came before the Queen's bench in England, where a lady sought to obtain damages, of the woman who kept a boarding-house in which she resided, for the loss of a box, which was taken as follows: The lady being about to leave the house, sent one of the defendant's servants for biscuits. The servant left the door ajar, in consequence of which, during his absence, a thief entered and stole the box from the hall. The plaintiff, as has been said, was a boarder in the house at a weekly payment, upon the terms of being provided with board, lodging, and attendance. The judge, at the trial, instructed the jury that the defendant was not bound to take more care of the house and the things in it than a prudent owner would take, and that she was not liable, if there were no negligence on her part, in hiring and keeping the servant. And he left it to the jury to say, supposing the loss to have been occasioned by the negligence of the servant in leaving the door ajar, whether there was any negligence of the defendant in hiring or keeping the servant. When the case came before the full court of four judges, two of them, (Wightman and Earl J. J.,) held the ruling of the trial to be correct. But the Chief Justice Campbell, and Justice Coleridge, held the contrary, with whose opinion the essayist coincides. Lord Campbell said, "There might be negligence in a servant in leaving the outer door of a boarding-house open, whereby the goods of a guest are stolen, which might render the master liable. I think there is a duty on his part, analogous to that incumbent on every prudent householder, to keep the outer door of the house shut at times when there is a danger that thieves may enter and steal the goods of the guest. If he employs servants to perform this duty, while they are performing it they are acting within the scope of their employment, and he is answerable for their negligence. He is not answerable for the consequences of a felony, or even a willful trespass committed by them; but the general rule is, that the master is answerable for the negligence of his servants while engaged in offices which he employs them to do; and I am not aware how the keeper of a lodging-house should be an exception to the rule. He is by no means bound to the same strict care as an inn-keeper; but within the scope of that which he ought to do, I apprehend that he is equally liable, whether he is to do it by himself or his servants. The doctrine that inquiry is to be made, whether the master was guilty of negligence in hiring or keeping the servants, is, I believe, quite new.” COMMERCIAL CHRONICLE AND REVIEW. www ACCOUNTS OF THE GROWING CROPS-SPECULATIONS IN BREADSTUFFS-THE BANK MOVEMENT-SUPPLY OF SPECIE - DEPOSITS AT THE NEW YORK ASSAY OFFICE DEPOSITS AND COINAGE AT THE PHILADELPHIA AND NEW ORLEANS MINTS-SURPLUS OF SILVER COIN-THE STOCK MARKETFOREIGN EXCHANGE-IMPORTS AT NEW YORK FOR MAY, AND FROM JANUARY 1ST-IMPORTS OF DRY GOODS-EXPORTS FROM NEW YORK FOR MAY, AND FROM JANUARY 1ST-IMPORTS AND EXPORTS FOR ELEVEN MONTHS-CASH REVENUE AT NEW YORK, BOSTON, AND PHILADELPHIAEXPORTS OF DOMESTIC PRODUCE-BANKS OF DISCOUNT AND ISSUE, WITH SOME REMARKS ON RECENT CHANGES OF POLICY, ETC. We stated in our last that the business of the country for the next year depended in a great degree upon the incoming harvest. At the date of writing that statement, there were many fears in regard to the harvest on account of the drouth then prevailing in all parts of the country. These fears are now for the most part happily dissipated. The breadth of ground sown is greater than ever before, and the most cheering accounts reach us from every quarter. There are instances of local damage, but the great portion of the crops are yet uninjured, and we may hope will be safely garnered. The influence of these favorable prospects is everywhere apparent. Trade is reviving, and business men are renewing their operations with fresh courage. Our caution in regard to speculation in breadstuffs, we are glad to know, saved some of our readers from heavy losses, and our position has been fully sustained by the course of trade. Notwithstanding all the predictions of famine prices, based on estimates of a short supply, flour has come forward freely, and the markets on the scaboard have steadily declined. There may be a temporary reaction before the new wheat shall be threshed, but if the yield is as abundant as now promised, speculators will have the worst of it. Never were the harvest fields in this country so closely watched as during the current season, and the "harvest home" will this year swell into a song of thanksgiving that shall be heard throughout our remotest borders. The deficiency last year was not owing so much to the damage done to the growing grain by the drouth, as to the diversion of labor from agricultural pursuits. For several years the various railroad enterprises, and a growing inclination for trade or speculative projects that promised an easier fortune than could be wrung from the soil, had united in drawing our people from the pursuit of husbandry, so that the production did not increase so rapidly as the hungry consumers. The surplus of old crop was each year relatively less, until a partial failure of the crops in Europe drew off nearly all our stores, and the decreased production of the last year, owing to the want of rain, completed the depletion. Many writers among us became seriously frightened, and, reckoning the home consumption the same as in years of plenty, predicted a serious deficiency that could only have resulted in an absolute famine. Our readers will bear us witness that we steadily opposed these efforts at panic making, and while we gave the writers in question due credit for their sincerity, avowed our belief in a sufficiency for all practical purposes. Comparatively high prices have been maintained, but not within 30 per cent of the rates thus anticipated, and no scarcity has been felt, and no suffering has resulted at any point, or in any market throughout the country. Money is everywhere abundant, and although the demand for it has revived under the increased activity in other business, the rates of interest are unchanged, and at the principal money centers capital is freely offered upon prime security at 6 a 7 per cent. The banks stand very strongly, and notwithstanding the large shipments of specie to Europe, their stock of coin is quite sufficient for all useful purposes. At New York the amount of specie in the vaults of the banks has but slightly varied. We continue our table of the weekly averages since January 1st: 7,452,161 77,894,454 June 16..... 48,684,830 93,100,385 14,978,558 We also continue our weekly statements of the Boston banks from the date given in our last: Capital .... June 4. June 18. May 21. May 28. June 11. $32,710,000 $32,710.000 $32,710,000 $32,710,000 $82,710,000 52,387,857 52,004,324 51,992,053 52,313,211 52,698,944 3,137,441 8,201,248 3,375,353 3,409,181 3,598,651 14,929,017 14,620,292 14,781,932 15,004,125 15,446,898 7,595,795 7,854,402 It will be seen that at Boston the specie has slightly increased, and is larger than at previous periods since April 23d. From most other parts of the country there has been a flow of specie towards the seaboard, while the balance in the Sub-Treasury has also decreased. From California the receipts continue large, but are less easily summed up, owing to the fact that since the second suspension of Messrs. Page, Bacon & Co., large sums have been brought in the hands of passengers, not entered upon the ships' manifests. The following will show the deposits at the New York Assay Office during the month of May: DEPOSITS AT THE ASSAY OFFICE, NEW YORK, FOR THE MONTH OF MAY. Gold bars stamped..... Transmitted to the United States Mint at Philadelphia for coinage.. 1,364,704 43 37,085 62 The deposits at the Philadelphia mint for the month of May were $496,000 in gold, and $372,200 in silver, the latter purchased by government, making a total of $868,200. The coinage was $355,756 in gold, and $440,000 in silver, including 1,635,845 pieces. Nothing was coined at New Orleans. The deposits were $79,256 20 in gold, and $818,246 63 in silver-making a total of $897,502 83. The government has now coined about $20,000,000 of the new silver coin made under the law of Congress of February 21st, 1853, which reduced the weight of half dollars, quarters, dimes, and half dimes, about 7 per cent. This coin is not a legal tender in payments of over five dollars, and only about $15,000,000 is in the hands of the people, the remainder being in government depositories and not wanted for convenience. The stock market has been buoyant both for railroad stocks and State bonds, and prices of nearly all descriptions have steadily improved. There has not been, however, much fever of speculation, and but little sustained animation is expected until after the summer holidays. Foreign exchange has been firm at rates above the specie point, and there has been a steady flow of specie to London and the continent. The average for the month has been 110 for 60-day bills on London, and 5.12 for Paris. The heavy rains have given hope of an increased supply of cotton bills, but no per manent relief is now expected until we shall renew our shipments of breadstuffs to Europe. The imports from foreign ports continue to decline. At New York the total for May was $5,535,195 less than for May, 1854, $2,894,257 less than for May, 1853, and $3,926,251 more than for May, 1852, as will appear from the following comparison: FOREIGN IMPORTS AT NEW YORK FOR MAY. Entered for consumption.. Entered for warehousing. Total entered at the port...... $7,719,735 $14,540,243 $17,181,181 $11,645,986 1,380,371 1,049,550 1,588,652 1,782,834 This leaves the total imports at New York since January 1st, $25,071,725 * less than for the corresponding five months of last year, $24,421,855 less than for the same period of 1853, and $4,417,787 more than for the same time in 1852. We annex a comparison, including the several dates specified : FOREIGN IMPORTS AT NEW YORK FOR FIVE MONTHS FROM JANUARY 1ST. Total entered at the port... $51,536,030 $80,375,672 $81,025,541 $55,953,817 Withdrawn from warehouse. 7,615,198 5,343,258 9,285,372 10,936,450 The warehousing business has been less in May, but during the last five months it shows an increase upon the total for the same time last year. Of the decline in the imports, as shown above, not quite one-half has been in dry goods; the total of this description for the month is $2,030,562 less than for May, 1854, $1,512,244 less than for May, 1853, ard $414,563 more than for May, 1852, as will appear from the following summary :— Total entered for consumption. $1,703,427 $3,506,417 $3,278,485 $2,160,777 Total thrown on the market... $2,017,690 $3,717,155 $8,660,546 $2,603,310 |