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GENERAL EDITOR:

EDWARD JENKS, ESQ., M.A., B.C. L.

With the co-operation of the following gentlemen, who have undertaken the revision of portions in which they have special knowledge.

W. ASHBURNER, ESQ., M.A.,

FORMERLY ASSISTANT READER IN EQUITY TO THE COUNCIL OF LEGAL EDUCATION;
Author of “Principles of Equity."

C. A. MONTAGUE BARLOW, ESQ., LL.D.,

OF THE MIDDLE TEMPLE AND LINCOLN'S INN.

T. WILLES CHITTY, ESQ.,

A MASTER OF THE SUPREME COURT.

HUGH FRASER, ESQ., LL.D.,

READER IN COMMON LAW TO THE COUNCIL OF LEGAL EDUCATION.

W. M. GELDART, ESQ., M.A.,

OF LINCOLN'S INN; FELLOW AND TUTOR OF TRINITY COLLEGE, OXFORD.

J. M. GOVER, ESQ., LL.D.,

EXAMINER TO THE COUNCIL OF LEGAL EDUCATION.

W. M. GRAHAM-HARRISON, ESQ., M.A., B.C.L.,

OF LINCOLN'S INN; LATE FELLOW OF ALL SOULS COLLEGE, OXFORD.

F. W. HIRST, ESQ., B. A.,

OF THE INNER TEMPLE.

E. M. KONSTAM, ESQ.,

OF THE INNER TEMPLE.

J. C. LEDLIE, ESQ., M.A., B.C.L.,

OF H,M. PRIVY COUNCIL OFFICE.

ALEXANDER MACMORRAN, ESQ., K.C., M.A.,
One of the Editors of" Lumley's Public Health."

H. STUART MOORE, ESQ.,
One of the Editors of “ Abbott's Shipping."

J. A. SIMON, ESQ., M.A.,

OF THE INNER TEMPLE; FELLOW OF ALL SOULS COLLEGE, OXFORD.

AND

J. ANDREW STRAHAN, ESQ., LL.B.,

ASSISTANT READER IN THE LAW OF REAL AND PERSONAL PROPERTY AND
CONVEYANCING TO THE COUNCIL OF LEGAL EDUCATION,

BARRISTERS-AT-LAW,

GEORGE HOLDEN, ESQ.,

AND

L. H. WEST, ESQ., LL.D.,

TUTOR TO THE LAW SOCIETY OF THE UNITED KINGDOM,

SOLICITORS OF THE SPREME COURT.

NOTE.-Each of the above-named Assistant-Editors is responsible only for those chapters of the Work to which his name is prefixed in the Table of Contents.]

11.

MR. SERJEANT STEPHEN'S

New Commentaries

ON THE

LAWS OF ENGLAND

(PARTLY FOUNDED ON "BLACKSTONE.")

BY

HIS HONOUR JUDGE STEPHEN.

For hoping well to deliver myself from mistaking, by the order and perspicuous expressing of that I do propound, I am other rise zealous and affectionate to recede as "little from antiquity, either in terms or opinions, as may stand with truth, and the "proficience of knowledge."-Lord Bacon, Adv. of Learning.

Fourteenth Edition.

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UNDER THE GENERAL EDITORSHIP OF

EDWARD JENKS, ESQ., M.A., B.C.L.,

Of the Middle Temple, Barrister-at-Law;

PRINCIPAL AND DIRECTOR OF LEGAL STUDIES TO THE LAW SOCIETY;
READER IN ENGLISH LAW IN THE UNIVERSITY OF OXFORD, TUTOR AND LECTURER OF
BALLIOL COLLEGE; FORMERLY SENIOR STUDENT AND BARSTOW LAW SCHOLAR

OF THE COUNCIL OF LEGAL EDUCATION, AND FELLOW OF

KING'S COLLEGE, CAMBRIDGE.

THOROUGHLY REVISED AND MODERNISED, AND
BROUGHT DOWN TO THE PRESENT TIME.

IN FOUR VOLUMES.

VOL. II.

LONDON:

UK

753
STE

BUTTERWORTH & CO., 12, BELL YARD, TEMPLE BAR, W.C.

Law Publishers.

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LONDON: BUTTERWORTH & Co., PRINTERS, 2, CRANE COURT, E.C.

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