To several of the Statutes notes are added of the cases which have been decided upon their construction. In some instances, the notes are applied immediately to the particular expressions upon the construction of which questions have taken place. In others they assume the character of a dissertation or a digest of the law, as applicable to the general subject. In the composition of these notes, as much attention has been paid to conciseness as appeared consistent with perspicuity. In the examination of some questions, I have interposed my own views, and canvassed with freedom, but I hope without transgressing the limits of respect, the conclusions of judicial authority. In others, I have ventured to suggest an alteration of the subsisting law, or to offer such opinions as have occured to me, with regard to matters of legislative enquiry, which have already engaged the public attention, and conceiving that a disinclination to deviate from existing institutions, although proceeding from a laudable principle, has been carried to an inconvenient excess, I have, upon several occasions, adverted to that topic, and in so doing have not been solicitous to avoid a repetition of the same sentiments, or even the recurrence of similar expressions. In one of the numbers of the Appendix, referred to as a note to the act for the amendment of the law, I have entered more at large into the discussion of this very important and interesting subject, and endeavoured to illustrate the principles which may be usefully applied in the adherence to, or deviation from the existing systems; to counteract the tendency of an excessive dread of innovation, in impeding the course of real and substantial improvement; and to call the attention of those invested with legislative authority to the direct and adequate examination of measures proposed for their adoption, as depending upon their intrinsic merits, divested of the influence of certain favourite expressions which have been too frequently admitted as a substitute for more substantial arguments. The notes on the Statutes of Limitations, and Set off, and on penal obligations, have been already published in the Appendix to a translation of Pothier's Treatise on Obligations.The article on Illegal Contracts in the Appendix is also ex - tracted from the same work, and is referred to in some of the notes to the Statutes concerning Personal Property and Contracts, as connected with the subjects to which those Statutes immediately relate. To the Statutes relating to Bankrupts, I have subjoined a letter to Sir Samuel Romilly on the revision of the Bankrupt Law, published in 1810, with the addition of some practical notes.-A few others of the notes are taken from the sixth edition of Salkeld's Reports, published in the year 1795. I have also taken the opportunity of including in the Appendix, some papers respecting the proposal of establishing a tribunal for the purpose of restoring the ancient distinction between superior and inferior courts.-These consist of the draft of an Act prepared by myself many years ago, and of which copies have been, at various times, submitted to the attention of several persons in authority;-the copy of a Bill introduced by Lord Redesdale into the House of Lords in 1810; and a letter to that noble Lord upon the difference in the objects and regulations of the respective plans.—This article may be, in some degree, regarded as an appendage to the provisions in the Statute of Gloucester, prohibiting suits for goods in the King's courts under 40s. and is referred to in the note to that Statute accordingly.-The importance of the subject is very considerable, and if it should ever engage the attention of the legislature, I flatter myself with the hope, that the enquiries respecting it may be assisted by a perusal of the pieces now submitted to their attention. The plan of this work had been completely framed, and a very considerable progress made in the execution, before the appearance of Mr. Gabbett's publication, entitled "A Digested Abridgement and Comparative View of the Statute Law of England and Ireland."-The design and character of the respective publications are, in some respects, similar, but in others there is a material difference.-Independently of the particular distinction of Mr. Gabbett's Digest, as including the Irish Statutes, it contains a more extensive range of subjects, which are classed under the precise titles of the chapters in Blackstone's Commentaries. The enactments are extracted from the several Statutes as referable to that order, without bringing the whole contents of each particular Act together, as they appear in the Statute Book, which (subject to the exceptions that have been noticed) is the general course adopted in this collection. The notes, which are a material part of the present work, are not included in the plan of the other.Since Mr. Gabbett's Digest appeared, I have frequently availed myself of its assistance, and have every reason to bear testimony in favour of the skill and accuracy which are manifested in its execution. Some references have been made in the notes of this work to the information derived from Mr. Gabbett, with respect to the enactments of the Irish Parliament upon similar subjects, and these references would have been much more general and frequent if I could have commanded a greater leisure from other avocations. Such are the nature and objects of the work which is now submitted to the candour of the public.-Having devoted to it a considerable portion of time and attention, I cannot but feel an anxious wish for its favourable reception. The utility of the design has been very generally acknowledged: frequent enquiries have been made respecting its progress by respectable individuals with whom I have no personal acquaintance or connection, and allusions have been made to it in the course of Parliamentary discussion, by which I have been equally gratified and obliged. I am perfectly aware that in many respects, I shall stand in need of indulgence, but I indulge the hope, that the collection, with the accompanying notes, will be found, in a considerable degree, to have accomplished the purposes for which they are intended, and in case of any subsequent editions, shall be happy to avail myself of any suggestions for their correction and improvement. GENERAL TABLE OF CONTENTS. to the Third Edition.... PREFACE to the Second Edition to the First Edition iii V xvii |