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AN

ESSAY

ON THE

LAW OF BAILMENTS.

BY

SIR WILLIAM JONES KNT.

Third London edition,

WITH

NOTES AND REFERENCES

ON THE SUBJECT OF

GARRIERS, INNKEEPERS, WAREHOUSEMEN, AND OTHER BAILEES,

BY WILLIAM NICHOLS, Esq.

Of Lincoln's Inn, Barrister at Law.

WITH ADDITIONAL NOTES AND REFERENCES TO

AMERICAN DECISIONS,

BY

WILLIAM HALSTED, Jun. Esq.

NEW-YORK :

PUBLISHED BY O. HALSTED,

AND

JOHN GRIGG, PHILADELPHIA.

1828.

LIBRA OF M LEIAND STAMENDUAN A 42726

VERSITY.

Southern Districts of New-York, sz.

BE IT REMEMBERED, That on the 21st day of December, A. D. 1827, in the 52nd year of the Independance of the United States of America, O. Halsted of the said District, hath deposited in this office the title of a Book the right whereof he claims as Proprietor in the words following, to wit:

An Essay on the Law of Bailments. by Sir William Jones, Knt. Third London Edition, with notes and references on the subject of Carriers, Innkeepers, Warehousemen, and other Bailees. Py William Nichols, Esq of Lincoln's Inn, Barrister at Law. With additional notes and references to American Decisions, by William Halsted Jun. Esq.

In conformity to the Act of Congress of the United States, entitled "An Act for the encouragement of Learning, by securing the copies of Maps, Charts, and Books, to the authors and proprietors of such copies, during the time therein mentioned." And also to an Act, entitled "An Act, supplementary to an Act, entitled an Act for the encouragement of Learning, by securing the copies of Maps, Charts, and Books, to the authors and proprietors of such copies, during the times therein mentioned, and extending the benefits thereof to the arts of designing, engraving, and etching historical and other prints." FRED. I. BETTS,

Clerk of the Southern District of New-York.

PREFACE.

IN publishing a new edition of the present Essay, the object in view has been to render a work of great and acknowledged merit of some degree of practical utility; and, by combining the decisions of our courts with the masterly and elegant exposition of the general principles upon which they are established, to make it acceptable to a more numerous class of persons. For this purpose, the various cases upon the different species of bailments have been collected and arranged in the notes; and as these upon the subject of carriers are numerous, the note upon that part of the work has unavoidably extended to some length, but not so much so, it is hoped, as to prove inconvenient to those who may be desirous of perusing the text. The authorities in the Civil Law, from whence the important principles disclosed in the following Essay have been derived, are also referred to, and the laws of foreign countries have, in some few instances, been remarked.

It is proper to add, that of the former edition, published by Mr. Balmanno, a few references to authorities inserted in the commencement of that edition, have been retained, and also one or two notes which are to be found in the concluding part of that work.

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THE

CONTENTS.

The paging of the original Edition is preserved in the

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