THE STATE OF THE LAW IN IRELAND, AND SCOTLAND,

AND

OCCASIONAL ILLUSTRATIONS FROM AMERICAN LAW.

BY

SAMUEL WARREN, ESQ., F.R.S.,

Of the Inner Temple, Barrister-at-Law.

Simul ac duraverit ætas

Membra animumque tuum, nabis sine cortice.-HOR.

SECOND EDITION.

ENTIRELY REMODELLED, RE-WRITTEN, AND GREATLY ENLARGED.

LONDON:

A. MAXWELL & SON, BELL YARD, LINCOLN'S INN;

W. BLACKWOOD & SON, EDINBURGH; AND HODGES & SMITH, DUBLIN.

BOSTON, U.S.:

CHARLES C. LITTLE & JAMES BROWN.

MDCCCXLV.

6

TO

JONATHAN PEEL, Esq.,

OF ACCRINGTON HOUSE, LANCASHIRE.

MY DEAR PEEL,

Ir affords me great gratification to inscribe to you this work, containing the results of some years' experience, and attentive observation of professional men, manners, and pursuits. Many of the topics discussed in it, have formed the subject of frequent conversation between us, during our intercourse at the Bar, in town, and on circuit; and I believe that upon most, if not indeed all, of them, we are agreed. I sincerely regret that circumstances have interrupted, though not our friendship, our close companionship: but I rejoice at the cause of it— that you should have been induced to retire from the Bar, in the prime of life, to enjoy the advantages of suddenly-augmented fortune, and also to sustain its responsibilities, by availing yourself,—I trust―in the public service of your country, of that learning and discipline, for which you are indebted to the noble profession you have quitted. Accept, then, this memorial of our friendship-this testimony to your talent-to your private worth-to the modest manliness of your character, and that unwavering honour and integrity, which earned you the respect of all who knew you. While you are enjoying your otium cum dignitate, an occasional glance at this work will remind you, I trust not unpleasantly, of scenes which you have quitted for ever, but amongst which my lot is cast for the rest of my life.

Believe me to remain,

My dear PEEL,

Your sincere Friend,

INNER TEMPLE,

July 20, 1845.

SAMUEL WARREN.

PREFACE

TO THE PRESENT EDITION.

THOUGH nominally a second edition of a book published by the author ten years ago, the present one is essentially a new work, of which the former may be considered as little more than an imperfect epitome. The reason of such a complete change both of plan and execution, has been, the author's conviction that the original work might be greatly improved, and made much more extensively useful.-Since it was published, he has had ten years' additional experience both as a pleader, and at the Bar; and during that period has, of course, had more extensive opportunities than he had previously enjoyed, of becoming practically acquainted with the profession, in all its departments. The chief results of his experience and observation, are now submitted to the profession and the public, with deference and anxiety. Though aware of the strong, practised, and accomplished intellects to whose scrutiny has ventured to expose his labours, he hopes that this work will, at all events, evince,