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. 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, seventh, and eighth editions followed, in the years 1809, 1812, 1817, 1820, 1824, 1827, and 1831. The ninth 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.

Lincoln's Inn, November, 1837.

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

Page

4

I. Of the Remedy for this Injury, and in what Cases an

II. Of the Venue-Declaration-Plea.

III. Of the Evidence, and herein of the Statutes relating to

CHAP. III.

Of Assault and Battery.

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

Cases an Action for an Assault and Battery may be

maintained

...

Of the Action of Assumpsit.

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

the Non-performance of which this Action may be

maintained.

Of Actions brought by Attornies

covery of their Fees.

and Solicitors for the Re-

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.

Liability of Attornies for Negligence and

s. 6.

Unskilfulness

CHAP. VI.

159 to 171

Auction.

Of Agreements relating to the Sale of Lands and Goods by

Auction-Cases where the Duty attaches. Lia-

bility of Auctioneer-Recovery of Deposit and In-

terest on Defect of Title..

CHAP. VII.

Bankrupt.

172 to 180

I. Of the Alterations made in the Bankrupt Laws by

Stat. 6 Geo. 4. c. 16. 1 & 2 W. 4. c. 56,

establishing a Court of Bankruptcy, and other

Statutes

....

II. Of Persons liable to be Bankrupts....

III. Of Persons not liable to be Bankrupts

IV. Of the several Acts of Bankruptcy.

...

181

185

187

ib.

V. Of Property in the Possession of the Bankrupt as

Page

reputed Owner

....

209

VI. Of Warrants of Attorney, Conveyances, and Payments

made by and to Bankrupts

224

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

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

229

VIII. Of Actions by the Bankrupt

236

IX. Of the Pleadings

238

X. Of the Evidence and Witnesses.

254

3. In respect of the Children of the Wife by a

former Husband...

280

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

III. Of Actions by Husband and Wife

ib.

286

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....

ib.

288

290

IV. Of Actions against Husband and Wife....

294

CHAP. IX.

Bills of Exchange and Promissory Notes.

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

299

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

Exchange.

301

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

of the Stamp, Date, and Consideration

307

IV. Presentment for Acceptance-Acceptance-Qualified

Acceptance Liability of the Acceptor-Non-Ac-

ceptance, and Notice thereof-Protest-Liability of

the Drawer on Non-Acceptance

......

Page

325 to 340

340 to 349

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

...

350 to 362

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-Pleading under

the New Rules-Evidence-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..

....

362

366

379 to 390

X. Of the Time when a Note ought to be presented for

Payment.

...

390

392 to 396

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

sion.

CHAP. X.

Carriers.

.....

I. Of common Carriers and their Responsibility

II. Of the Stat. 11 Geo. 4. and 1 W. 4. c. 68, limiting the

Responsibility of Carriers by Land as to the Loss of

Parcels of a certain Description. Stat. 7 G. 2.

c. 15. 53 G. 3. c. 159.....

397

402

III. Of the Lien of Carriers

408

IV. By whom Actions against common Carriers ought to be

brought....

410

V. Of the Declaration and Pleadings under the New Rules

413

VI. Evidence

...

417