cation 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 though 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.

A fourth edition has been published since this preface was written.

CONTENTS OF VOL. I.

CHAP. I.

Of the Action of Account.

I. In what Cases the Action of Account may be

maintained

II. Of the Pleadings and Evidence

Page

1

4

5

1. To Account, 5;.2. Final, 7.

IV. Execution

7

III. Of the Judgment

CHAP. II.

Of Adultery.

1. Of the Remedy for this Injury, and in what

Cases an Action may be maintained

II. Of the Venue-Declaration-Plea

III. Of the Evidence, and herein of the Marriage

Act, 26 G. 2. c. 33.

IV. Of the Damages

CHAP. III.

Of Assault and Battery.

I. Of the Nature of an Assault and Battery, and

in what Cases an Action for Assault and

Battery may be maintained

8

13

15

25

27

29

31

39

40

CHAP. IV.

Of the Action of Assumpsit.

.I. Of the Action of Assumpsit, and of the Agree-

ment, for the Non-performance of which

this Action may be maintained

II. Of the general Indebitatus Assumpsit

Page

44

68

III. Of the Declaration

99

IV. Of the Pleadings,

114

ib.

2. Accord and Satisfaction

116

3. Infancy

119

4. Payment

127

5. Release

6. Statutes

7. Tender

128

129

1. Of Limitation, 129; 2. Of Set-off, 142.

148

CHAP. V.

Attorney.

Of Actions brought by Attornies and Solicitors for

the Recovery of their Fees. Of the Statutes

3 Jac. 1. c. 7. s. 1. 2 G. 2. c. 23. s. 28. re-

lating to the Delivery of Bills by Attornies,

and 12 G. 2. c. 13. s. 6. Liability of Attor-

nies for Negligence and Unskilfulness

CHAP. VI.

Auction.

154 to 163

Of Agreements relating to the Sale of Lands and

Goods by Auction-Cases where the Duty

attaches. Liability of Auctioneer-Reco-

very of Deposit and Interest on Defect of

Title

164 to 171

CHAP. VII.

Bankrupt.

I. Of Persons liable to be Bankrupts

II. Of Persons not liable to be Bankrupts

III. Of the several Acts of Bankruptcy

Page

172

175

178

IV. Of Property in the Possession of the Bank-

rupt as reputed Owner

198

V. Of Payments made to and by Bankrupts,

protected by Statutes

216

VI. Of Actions which may be brought by the

II. In what Cases a Feme Covert may be considered

as a Feme Sole

III. Of Actions by Husband and Wife

1. Where the Husband and Wife must join

2. Where the Husband must sue alone

3. Where the Husband and Wife may join,

or the Husband may sue alone, at his

Election

IV. Of Actions against Husband and Wife

256

ib.

257

266

267

272

ib.

274

276

280

CHAP. IX.

Bills of Exchange and Promissory Notes.

Page

I. Of the Nature of a Bill of Exchange

II. Of the Capacity of the contracting Parties

to a Bill of Exchange.

285

286

III. Of the Requisites in a Bill of Exchange,

and herein of the Stamp, Date, and Con-

sideration

291

IV. Of Presentment for Acceptance—Acceptance

-Qualified Acceptance-Liability of the

Acceptor Non-acceptance, and Notice

thereof-Protest-Liability of the Drawer

on Non-acceptance

V. Of the Transfer of Bills of Exchange-Of

the Party in whom the Right of Transfer

is vested

VI. Of Presentment for Payment, and herein of

the Days of Grace-Non-payment and

Notice thereof-Protest

VII. Of the Acts of the Holder, whereby the Par-

ties to the Bill may be discharged

VIII. Of the Action on a Bill of Exchange-Evi-

dence-Recovery of Interest

IX. Of the Nature of a Promissory Note-Stat.

3 & 4 Ann. c. 9. s. 1. placing Promissory

Notes on the Footing of Inland Bills of

Exchange-What are negotiable Notes

within the Statute-Of Bankers' Notes

-Joint and several Notes-Consideration

-Stamp

X. Of the Time when a Note ought to be pre-

sented for Payment

XI. Of the Declaration-Pleadings-Evidence-

310 to 329

329 to 338

338 to 346

346

349 to 361

361 to 371

371

Conclusion

374 to 377