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. This 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 four 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, 1808; the second, third, fourth, fifth, sixth, and seventh editions followed, in the years 1809, 1812, 1817, 1820, 1824, and 1827. The eighth

edition is now submitted to the candour of the Profession.

Second edition, 4to. 1775; third edition, 4to. 1781; fourth edition, 4to. 1785; fifth edition, 8vo. 1790; sixth edition, 8vo. 1793; seventh edition, 8vo. 1817.

Serle Street, Lincoln's Inn,
January, 1831.

CONTENTS OF VOL. I.

CHAP I.

Of the Action of Account.

I. In what Cases the Action of Account may be main-

tained....

II. Of the Pleadings and Evidence.

III. Of the Judgment

IV. Execution

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

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 Statutes relating to

Marriage

...

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

Page

Of the Action of Assumpsit.

I. Of the Action of Assumpsit, and of the Agreement, for

the Non-performance of which this Action may

maintained

....

be

45

Of Actions brought by Attornies and Solicitors for the Re-

covery of their Fees. Of the Statutes 3 Jac. 1.

c. 7. s. 1. 2 G. 2. c. 23. s. 23. relating to the

Delivery of Bills by Attornies, and 12 G. 2. c. 13.

s. 6. Liability of Attornies for Negligence and

Unskilfulness.

167 to 176

CHAP. VI.

Auction.

Of Agreements relating to the Sale of Lands and Goods by

Auction-Cases where the Duty attaches. Liabi-

lity of Auctioneer-Recovery of Deposit and In-

terest on Defect of Title...

177 to 185

CHAP. VII.

Bankrupt.

1. Of the Alterations made in the Bankrupt Laws by

Stat. 6 Geo. 4. c. 16.

II. Of Persons liable to be Bankrupts.

III. Of Persons not liable to be Bankrupts

IV. Of the several Acts of Bankruptcy..

V. Of Property in the Possession of the Bankrupt as

reputed Owner

186

187

188

ib.

209

VI. Of Conveyances and Payments made by and to

Bankrupts

VII. Of Actions which may be brought by the Assignees of a

Bankrupt, and in what manner they ought to sue..

VIII. Of Actions by the Bankrupt.

IX. Of the Pleadings..

X. Of the Evidence and Witnesses

CHAP. VIII.

Page

227

230

237

239

253

3. In respect of the Children of the Wife by

a former Husband

276

II. In what Cases a Feme Covert may be considered as a

Feme Sole

277

III. Of Actions by Husband and Wife

282

1. Where the Husband and Wife must join..

2. Where the Husband must sue alone

ib.

284

I. Of the Nature of a Bill of Exchange..

II. Of the Capacity of the Contracting Parties to a Bill of

Exchange

294

296

301

III. Of the Requisites in a Bill of Exchange, and herein

of the Stamp, Date, and Consideration

IV. Of Presentment for Acceptance-Acceptance-Quali-

fied Acceptance-Liability of the Acceptor-Non-

acceptance, and Notice thereof-Protest-Liabi-

lity of the Drawer on Non-acceptance......

322 to 341

Page

V. Of the Transfer of Bills of Exchange-Of the Party

in whom the Right of Transfer is vested.... 341 to 351

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 Parties to the

Bill may be discharged

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

Recovery of Interest

351 to 362

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 presented for

Payment

362

365

378 to 388

XI. Of the Declaration-Pleadings-Evidence-Conclu-

388

sion

CHAP. X.

Carriers.

391 to 395

1. Of common Carriers and their Responsibility

II. Of Notices given by common Carriers, for the Purpose

of limiting their Responsibility, and the Manner

in which such Notices have been construed

396

401

III. Of the Lien of Carriers

...

412

IV. By whom Actions against common Carriers ought to be

brought

414

V. Of the Declaration

416

VI. Of Payment of Money into Court

420

VII. Evidence

421

CHAP. XI.

Common.

1. Of Right of Common

11. Of Common of Pasture, and herein of Common ap-
pendant, Common Appurtenant, and Common in

gross

423

425