A TREATISE ON THE JSN V. 1 LAW OF EVIDENCE AS ADMINISTERED IN ENGLAND AND IRELAND; WITH ILLUSTRATIONS FROM AMERICAN AND OTHER FOREIGN From the Eighth English Edition. BY HIS HONOUR JUDGE PITT TAYLOR. VOL. I. Longum iter est per præcepta, Breve et efficax per exempla -SENECA. PHILADELPHIA: THE BLACKSTONE PUBLISHING COMPANY Entered according to the Act of Congress, in the year 1887, by THE BLACKSTONE PUBLISHING COMPANY, in the office of the Librarian of Congress, at Washington, D. C. PREFACE TO THE EIGHTH EDITION. In the Preface to the Seventh Edition of my Treatise on Evidence I find the following remarks: "The labour I have bestowed on the work has been necessarily great, because the Judicature Acts of 1873 and 1875 have altered the law on so many subjects, and unsettled it to such an extent, that it has become extremely difficult, either to dovetail the old procedure or the old principles with the new, or to determine, in a cloud of cases, by what rules the practitioners and the suitors must henceforth be guided. "We all know what is the best recipe for spoiling broth; and, pos sessing that culinary knowlege, we, perhaps, ought not to marvel, if a colossal scheme of law reform,-subjected in the first instance. to the criticisms of a multitude of commissioners, (all able and learned men, and some few just a trifle opiniative,) and then entrusted, in succession, to two distinguished Lord Chancellors to obtain for it the piecemeal sanction of the Legislature, should have failed to achieve that success which its too sanguine originators an ticipated from its adoption. "Regarded in a practical light, either far too much or far too little has been effected by the measure. Commencing in wrangles and progressing in compromises, it has naturally ended in a muddle. The fusion of Law and Equity, which was to overthrow such a phalanx of abuses, and to frustrate so many knavish tricks,-has resulted, not only in confusion, but, to use the vigorous language of our blind bard, in 'confusion worse confounded.' It is a humiliating confession-but it is unquestionably true." |