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THE former edition of this work having, it is apprehended, become of little practical utility, in consequence of the numerous cases which have been decided, and the various important Statutes which have been enacted since its publication, relating to the subject of which it treats, I have been induced to revise it throughout, by cancelling those passages which seemed to require alteration, and by the substitution and insertion of much new matter. In the process of revision references have been added to more than four hundred cases, which have either been decided or reported during the period which has elapsed since this Treatise originally appeared. In its present form it will, I hope, be found useful as a hand-book for the practitioner, whether he be Special Pleader or Attorney, and as a Digest or Compendium of important Rules and Precepts for the Student. the Appendix which has been added to this edition will be found some remarks as to the principles applicable in determining the liabilities of parties engaged in railway undertakings; these remarks, being offered rather as suggestions than as deductions from decided cases, could not, I thought, with propriety, be admitted into the body of the work, and must be received by the reader with a degree of caution proportioned to the diffidence with which they are submitted to his consideration.

Nov. 1846.


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