Entered according to Act of Congress, in the year eighteen hundred and thirty-nine, BY GOULD, BANKS & CO., in the Office of the Clerk of the Southern District of New-York. MERRIAM AND COOKE, PRINTERS, ADVERTISEMENT ΤΟ THE SEVENTH EDITION. THE last Edition of the Treatise on Evidence having been long out of print, a Seventh is now submitted to the Profession and to the Public, carefully revised, and very materially enlarged. In preparing the present Edition, I have been fortunate in obtaining the valuable assistance of my friend, Mr. Amos. On quitting the practice of the bar, for other occupations of a different kind, I found it would no longer be in my power to give that unremitting attention to professional studies, without which I could not hope to carry on such a work with any prospect of success. I was, therefore, glad to avail myself of the aid of a friend, whose talents and professional knowledge are well known and highly appreciated. Of this Edition, I have revised the whole of the First Volume, inserting the cases recently decided, and making many alterations which appeared to be improvements. The section in the Second Volume, which treats of Actions against Commissioners of Sewers, is mine and, I believe, it is the first which has been written on that subject. The other additions to the Second Volume have been made entirely by my coadjutor. All the important chapters are much enlarged. Many parts are entirely new among which may be mentioned, the chapter on actions by Commissioners of Bankrupts; several heads in the chapter on Policies of Insurance; and the articles on Carriers, on the Special Pleas in Assumpsit and Actions of Trespass, on the Pleas in Abatement, on the Plea of Tender, and the Plea of the Statute of Limitations. The chapters on Bills of Exchange, on the Statute of Frauds, and the section on the Action of Trespass against the Person, have been recast, and now appear in a more convenient and better form. The new notes which have been introduced in the Second Volume, are the result of extensive research, and will be found of great value. (a) Whitehall, January 8, 1829. (a) For the preface by the American Editors of the first volume, and a list of the books consulted by them, see the first volume of the Notes. CONTENTS Habeas Corpus ad testificandum Process for securing such Attendance Compensation in Criminal Cases Compensation in Cases of Misdemeanors Attendance before Commissioners of Bankrupt, Justices of the Peace, Courts-martial, and 16 |