4

From the Eighteenth London Edition, with a life of the Author, and notes by Christian, Chitty, Lee, Hovendon, and Ryland; and references to American Cases, by a member of the New-York Bar. In two volumes.

CHITTY ON BILLS. A Practical Treatise on Bills of Exchange, Banker's Cash Notes, Checks on Bankers, Promissory Notes and Bank Notes. By Joseph Chitty, Esq. of the Middle Temple, Barrister at Law. Eighth American from the Eighth London Edition; greatly enlarged and improved, containing the American notes of former Editions, with an Appendix of Precedents, and the decisions of the English and American Courts, brought down to the year 1834. By P. O. Beebee, Attorney at Law. One volume, 1000 pages.

CHITTY'S PLEADINGS. A Treatise on the Parties to Actions, Forms of Actions, and Pleading, with a Collection of Practical Precedents, and notes thereon. By Joseph Chitty, Esq. of the Middle Temple, Barrister at Law. Seventh American from the last London Edition, with notes and additions by John A. Dunlap, Esq. and references to late decisions, by E. D. Ingraham, Esq. Three volumes.

CHITTY'S CRIMINAL LAW. A Practical Treatise on the Criminal Law, comprising the Practice, Pleading, and Evidence which occur in Criminal Prosecutions, with a copious collection of Precedents and comprehensive notes. By Joseph Chitty, Esq. of the Middle Temple, Barrister at Law. Third American from the last London Edition, corrected and enlarged by the author. With notes and corrections, by Richard Peters and Thomas Huntington, Esqrs. and references to the latest English and American Ďecisions. By J. C. Perkins, Esq. Counsellor at Law. Three volumes. ARCHBOLD'S APPENDIX. A Collection of the Forms and Entries which occur in practice in the Courts of King's Bench and Common Pleas, in Personal Actions and Ejectment. By John Frederick Archbold, of Lincoln's-Inn, Barrister at Law.

BINGHAM ON INFANCY. The Law of Infancy and Coverture. By Peregrine Bingham A. B. of the Middle Temple. First American from the last London edition, with Notes and References to American Decisions, by a member of the New Hampshire Bar. One volume.

KENT'S COMMENTARIES. Commentaries on American Law, by James Kent. Third Edition, revised and corrected by the Author. Four volumes.

COLLINS, KEESE, & CO. have constantly on hand all the standard English Reports, Digests, and Treatises on Particular Subjects; together with the various State Reports and Digests, and a general assortment of Law Books of every description.

WITH A LIFE OF THE AUTHOR, AND NOTES:

BY

CHRISTIAN, CHITTY, LEE, HOVENDEN, AND RYLAND:

AND ALSO

REFERENCES TO AMERICAN CASES,

BY

A MEMBER

OF THE NEW-YORK BAR..

VOL. I.-BOOK I. & II.

INDIANA UNIVERSITY
LIBRARIES
BLOOMINGTON

NEW-YORK:

W. E. DEAN, PRINTER AND PUBLISHER.

B. & S. COLLINS; N. & J. WHITE; GOULD, BANKS, & Co.; HALSTED &
VOORHIS; AND A. TOWER, PHILADELPHIA.

1836.

297740

6356
Piz

Entered according to the Act of Congress, in the Year One Thousand Eight Hundred and Thirty-two, by W. E. Dean, in the Clerk's Office of the Southern District of New York.

PREFACE.

THE following sheets contain the substance of a course of lectures on the laws of England, which were read by the author in the university of OXFORD. His original plan took its rise in the year 1753; and, notwithstanding the novelty of such an attempt in this age and country, and the prejudices usually conceived against any innovations in the established mode of education, he had the satisfaction to find, and he acknowledges it with a mixture of pride and gratitude, that his endeavours were encourag ed and patronised by those, both in the university and out of it, whose good opinion and esteem he was principally desirous to obtain.

The death of Mr. VINER in 1756, and his ample benefaction to the university, for promoting the study of the law, produced about two years afterwards a regular and public establishment of what the author had privately undertaken. The knowledge of our laws and constitution was adopted as a liberal science by general academical authority; competent endowments were decreed for the support of a lecturer, and the perpetual encouragement of students; and the compiler of the ensuing Commentaries had the honour to be elected the first Vinerian professor.

In this situation he was led, both by duty and inclination, to investigate the elements of the law, and the grounds of our civil polity, with greater assiduity and attention than many have thought it necessary to do. And yet all who of late years have attended the public administration of justice, must be sensible, that a masterly acquaintance with the general spirit of laws and principles of universal jurisprudence, combined with an accurate knowledge of our own municipal constitutions, their original, reason, and history, hath given a beauty and energy to many modern judicial decisions, with which our ancestors were wholly unacquainted. If, in the pursuit of these inquiries, the author hath been able to rectify any errors which either himself or others may have heretofore imbibed, his pains will be sufficiently answered: and if in some points he is still mistaken, the candid and judicious reader will make due allowances for the difficulties of a search so new, so extensive, and so laborious.

Nov. 2, 1765.

POSTSCRIPT.

NOTWITHSTANDING the diffidence expressed in the foregoing Preface, no sooner was the work completed, but many of its positions were vehemently attacked by zealots of all (even opposite) denominations, religious as well as civil; by some with a greater, by others with a less degree of acrimony. To such of these animadverters as have fallen within the author's notice, (for he doubts not but some have escaped it,) he owes at least this obligation: that they have occasioned him from time to time to revise his work, in respect to the particu lars objected to; to retract or expunge from it what appeared to be really erroneous; to amend or supply it when inaccurate or defective; to illustrate and explain it when obscure. But, where he thought the objections ill-founded, he hath left and shall leave the book to defend itself: being fully of opinion, that, if his principles be false and his doctrines unwarrantable, no apology from himself can make them right; if founded in truth and rectitude, no censure from others can make them wrong.

PREFACE

BY THE AMERICAN EDITOR.

THE COMMENTARIES OF BLACKSTONE continue to be the text-book of the student and of the man of general reading, notwithstanding the great alterations in the law since the time of their author. The great principles of law which they unfold remain the same, and are explained in so simple and clear a style, that, however much the details of the law may be changed, they will always be read with interest. It is no small commendation of Blackstone, that many of the modern improvements adopted in England and in the United States were suggested by him: and that the arrangement which he used in treating the different subjects, has been followed in a great degree by the Revisers of the Statutes of New-York.

This edition shows the late alterations of the law in England, as furnished by the notes of Lee, Hovenden, and Ryland, in the last London edition. Notes have also been added, briefly explaining the difference between the law of England and of New-York. Those not engaged in the practice of law find it difficult, while reading the Commentaries, to make this distinction: this difficulty, it is hoped, is now in some degree removed. It was deemed inconsistent with the original object of the work to introduce any other than brief notes. The American notes are therefore generally short, leaving those who wish an extended knowledge of the subject, to the statutes and authorities. But as the English statutes or authorities may not be accessible to the general reader, the English notes are generally retained without any abbreviation. This is done, because it is considered that the readers of Blackstone generally wish to know, not only what the law of England was, but also what it is.

New-York, April 8, 1832.

In the abbreviations used in these volumes, R. S. refers to the Revised Statutes of New York of 1830. U. S. is used as an abbreviation for the United States. N. Y.-New York.