confess not least, that it is one of the most repulsive subjects which could be selected by an author for discussion.

In a work of this magnitude, treating as it does of a fluctuating branch of the law, I am well aware that many mistakes must have occurred; for these, my only apology is, that I have spared no labour to avoid them. The language of St. Augustine is an author's best consolation :-"Illi in vos sæviant, qui nesciunt cum quo labore verum inveniatur, et quàm difficilè caveantur errores."

2, HARCOURT BUILDINGS, TEMPLE.

10th February, 1848.

J. PITT TAYLOR.

Of the Functions of the Judge as distinguished from those of

the Jury.

CHAPTER IV.

Of the Grounds of Belief

3-22

23-47

48-63

CHAPTER V.

Of Presumptive Evidence

. 64-139

OF THE RULES WHICH GOVERN THE PRODUCTION OF TESTIMONY.

CHAPTER I.

Of the Correspondence of Evidence with the Allegations; of

the Substance of the Issue; of Variance; and of Amendment

PAGE

140-193

Of the Number of Witnesses, and the Nature and Quantity of

Proof required in particular cases

CHAPTER XVIII.

Of the Admissibility of Parol Evidence to affect Written

Instruments

. 645-741

742-795