tise published in 1767. It is very remarkable, that at this day so many different opinions should exist as to the real author of this compilation; some persons ascribing it to Mr. Ford, others to the late Mr. J. Clive, and others to Mr. Bathurst. Unquestionably it was the received opinion at the bar, upon the first appearance of this work, that it had been compiled by Mr. Bathurst, afterwards Lord Apsley, for his own private use. But the dedication by Mr. Buller to Lord Apsley, prefixed to the edition in 1772, which must have escaped the notice of those persons who have so confidently ascribed this work to a different author, places the question beyond the reach of controversy. That dedication expressly recognises this treatise as owing its origin to a collection of notes formerly made by Lord Apsley for his own private use.

Mr. Bathurst's book having passed through several editions, was succeeded by a similar work, entitled "A Digest of the Law of Actions and Trials at Nisi Prius,” by Mr. Espinasse, of which there have been three editions.

The compiler of the following pages conceived that a treatise, intended as a companion at the sittings in London and Middlesex, and on the circuit, might be cast into a more convenient form than that adopted by either of the former writers ; and that the cases might be abridged with greater accuracy and precision. Under this impression, the Abridgment of the Law of Nisi Prius was prepared and published in three parts successively, in the years 1806, 1807, and 1808. The second edition is now submitted to the candour of the profession.

The cases which have been decided since the publication of the former impression, and which are inserted under the proper heads; two new chapters on the law relating to partnership, and stoppage in transitu, subjects of considerable importance in the present state of trade and commerce; together with a general index, constitute the principal difference between this and the former edition. A few cases decided by Lord C. J. Raymond (inserted for the first time in the present edition principally under title Common), have been transcribed from the MSS. of the late Mr. Serjeant Leeds which form a part of Mr. Serjeant Hill's collection, lately purchased by the Society of Lincoln's Inn.

Lincoln's Inn,
Nov. 1809.

[ocr errors]
[ocr errors]
« ForrigeFortsett »