PREFACE TO THE SECOND EDITION. DURING the last few years the Law of Evidence has been in a state of transition. Each succeeding Session of Parliament, since my work was originally published, has witnessed attempts made, with more or less success, to remedy the defects, and to relax the ancient strictness, of this branch of the law. In 1848, Chief Justice Jervis carried his useful but ill-drawn measures for regulating the duties of Justices of the Peace. In the following year the Bankruptcy Consolidation Act was passed. Then succeeded in rapid succession the Expenses of Prosecutions Act of 1851, Lord Brougham's Evidence Acts of 1851 and 1855, Lord Campbell's Criminal Justice Act of 1851, the Common Law Procedure Acts of 1852 and 1854, the Court of Chancery Amendment Acts of 1852, the Customs Consolidation Act of 1853, and the Merchant Shipping Act of 1854. Each and all of the above Statutes introduced extensive alterations in the modes of legal proof, which had previously been recognised; while a multitude of other Acts, passed during the same period, affected in a minor degree the general rules of evidence. While these fundamental changes in the law were in progress, I did not feel justified in involving my publisher in a costly undertaking, which subsequent legislation might render unremunerative and consequently I have delayed, for a longer interval than I otherwise should have done, the publication of the present edition. The delay has cost me much additional labour, as I have been compelled not only to remodel the original Work in accordance with the varied amendments of the Statute law, but to embody in the text a vast number of decisions, which either overrule, qualify, illustrate, or confirm the fluctuating doctrines of the common law. Some idea of the difficulty of the task I have undertaken may be formed, when I state, that, although I have carefully expunged all portions of the original work which have no bearing on the Law of Evidence as now administered, the Table of Cases in this edition contains a reference to at least thirteen hundred more decisions than were noticed in the first edition, while nearly six hundred additional enactments will be found to have been included in the Table of Statutes. I make this statement in no boastful spirit, but simply in the hope that the profession, seeing the difficulties which I have had to contend with, may regard my shortcomings with some indulgence, and may extend to the present edition the same favour which they have kindly shown to the last. My best thanks are due to many friends for valuable suggestions, and especially to Mr. Baron Parke, who, in spite of his laborious duties, never loses an opportunity of aiding with admirable advice his younger professional brethren. The Law-Reformer, by contrasting my Suggestions for amending the Law of Evidence," as contained in the respective Indexes of the two editions, will observe what progress has been made in the great cause of Legal Amendment, and what improvements-at least in my judgment—are still required to be made. The present Edition, though I have endeavoured to compress the matter into as small a compass as possible, is more voluminous than the last by about two hundred pages; and the changes have been so extensive as to render it necessary for me to re-number the sections. I have also referred in the Notes to those portions of Dr. Greenleaf's admirable work of which I have availed myself; and the public will thus see more clearly than before how deeply I am indebted to the labours of that eminent man. J. PITT TAYLOR. 6, ECCLESTON Square, 4th July, 1855. |