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THIRD EDITION,

BY JOHN CUTLER, B.A.,
OF LINCOLN'S INN, BARRISTER-AT-LAW, PROFESSOR OF ENGLISH LAW AND JURISPRUDENCE
AND PROFESSOR OF INDIAN JURISPRUDENCE AT KING'S COLLEGE, LONDON,

AND
EDMUND FULLER GRIFFIN, B.A.,

OF LINCOLN'S INN, BARRISTER-AT-LAW.

TO WHICH IS ADDED

A SUPPLEMENT

CONTAINING

THE EVIDENCE FURTHER AMENDMENT ACT, 1869; THE DOCUMENTARY

EVIDENCE ACT, 1868; THE BANKRUPTCY ACT, 1869 ;

AND THE HABITUAL CRIMINALS ACT, 1869;
THE ALTERATIONS IN THE LAW OF EVIDENCE EFFECTED BY THE ABOVE ACTS;

TOGETHER WITH
THE LEADING CASES DECIDED THEREON

SINCE FEBRUARY, 1868.

LONDON:
BUTTERWORTHS, 7, FLEET STREET,

Law Publishers to the Queen's most excellent fajesty.
HODGES, FOSTER AND CO., GRAFTON STREET, DUBLIN.

1

LONDON:

PRINTED BY C. ROWORTH AND SONS,

NEWTON STREET, W.C.

TO

THE RIGHT HONORABLE

HUGH MAC-CALMONT BARON CAIRNS,

LORD HIGH CHANCELLOR OF GREAT BRITAIN,

AS A HUMBLE TRIBUTE

TO HIS EMINENT LEGAL ABILITY

This Edition

IS,

WITH HIS LORDSHIP'S PERMISSION,

MOST RESPECTFULLY DEDICATED

BY

THE EDITORS.

PREFACE

TO THE THIRD EDITION.

cases.

In preparing the Third Edition for the press we have not departed radically from that portion of the plan of the Author which seems to have been to illustrate each point by quoting only the most important decision, and not to overload the Work by a multitude of

Our alterations have been threefold : first, we have attempted to bring the law down to the close of the last year-a task of considerable magnitude, for, although during the eight years which have elapsed since the publication of the last edition the statutory alterations in the Law of Evidence have been few, still its rules have been modified by a large number of decisions, the most important of which, to the number of several hundreds, we have selected for quotation. Secondly, we have endeavoured to make the Work more useful to the practitioner in Equity by quoting a large number of Chancery cases, and by incorporating the principles and practice of the Law of Evidence adopted by the Court of Chancery. As there exists at present no modern work devoted exclusively to these subjects, this alteration may give the edition

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