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3d. They will continue to be issued in advance of any other series of English reports in this country.

4th. Each volume has an original index, arranged with express reference to the convenience of the American lawyer.

5th. The cases will be regularly digested each year in the current volume of the United States Annual Digest.

6th. These reports are cheaper than any other reports published in this country.

7th. The continuance of this series is in no degree dependent upon the success of any English series, and its value or permanence will not be affected by any change or failure in England.

The third year, commencing with vol. 13, now ready, exhibits a new feature, intended to increase the practical convenience of the work. Hereafter the Law and Equity cases will be published in separate volumes, forming, as before, but one entire and connected series, or making two distinct series, as each subscriber may desire. Thus, vol. 13, and each succeeding alternate volume, contains cases in all the Equity and Bankruptcy Courts; and vol. 14, and each succeeding alternate volume, will embrace cases in the House of Lords, Privy Council, Courts of Common Law, Criminal Cases, Admiralty and Ecclesiastical Cases. Subscribers can receive either or both, as they desire.

For the greater convenience of the profession, we shall publish, as soon as required, a full Table of Cases, showing at a glance the volume and page of every series of Reports which contain the same cases as the Law and Equity Reports.

These Reports will be continued in the same superior style, at the low price of $2 per single volume to permanent subscribers. Vols. I. to XIII. now ready.

MESSRS. LITTLE & BROWN: -I have been somewhat acquainted with the character of the English Law and Equity Reports, by the Jurist and Law Journal, for many years, but more so, for the last year, through your republication. I have no doubt they will supply every thing which the profession generally will desire, from all the English Reports, and in a form, and at an expense altogether unobjectionable. They are furnished so much earlier than any other series of English Reports in this country, that your republication will be almost indispensable to every member of the profession, who desires to keep pace with the history of English jurisprudence. The notes, by the American editors, are a valuable addition, and I am inclined to believe the work will prove to be the most desirable, and the least expensive, of any series of English Reports republished in this country. Very truly yours, ISAAC F. REDFIELD. (Judge of the Supreme Court of Vermont.) New York, May 17, 1852.

The English Law and Equity Reports, edited by Messrs. Bennett & Smith, are, I think, a great convenience and benefit to the profession. Such examination as I have given these volumes, convinces me of the accuracy and diligence of the editors; and the Reports appear to me the most convenient and compendious form in which the English Reports are presented to us.

WILLIAM KENT.

“The plan and execution of this series of Reports are too well known, and have been too frequently commended in our pages, to require further comment now. We are glad to hear that their circulation is becoming more and more extended, and their great merits more widely appreciated. We entirely concur in the opinion expressed by Judge Fletcher of our Supreme Court, that Messrs. Bennett & Smith in editing these Reports, were doing a great service to the profession." Law Reporter.

"This series has now fully established itself in professional favor, and is to be

found very generally in the hands of, and in daily use by the bar, throughout the whole country. It needs no commendation from us." Law Register, January,

1853.

"It is impossible to read these Reports without high admiration of the learning of the English Courts and Bar, and an ardent desire to see, in our own country, the bench filled, as it is in England, with the most eminent lawyers, without distinction of party, and with a salary which makes the office respected and respectable. We again commend the work to every practising lawyer, as the cheapest and best edition of the English Reports." Western Law Journal.

NEW AND VALUABLE LAW BOOKS JUST

PUBLISHED.

GREENLEAF ON EVIDENCE. Vol. III. This volume contains the Law of Evidence, in its particular application to Indictments for Offences at Common Law; to Admiralty and Maritime Causes; to Cases in Equity; including the changes in the Law of Evidence occasioned by the new Codes of Practice in Massachusetts, New York, and other States; to Trials for Ecclesiastical Offences; and to Trials in Courts Martial; comprising, with the preceding volumes, the entire body of the Law of Evidence. 8vo. $5.50.

HILLIARD ON MORTGAGES. Treatise on the Law of Mortgages of Real and Personal Property: being a General View of the English and American Law upon that subject. By Francis Hilliard, Esq. 2 vols. 8vo. $7.50.

BISHOP ON MARRIAGE AND DIVORCE. Commentaries on the Law of Marriage and Divorce, and Evidence in Matrimonial Suits. By Joel Prentiss Bishop, Esq. 1 vol. $5.00.

PHILLIPS ON INSURANCE. A Treatise on the Law of Insurance. By Willard Phillips. Third Edition, enlarged. 2 vols. 8vo. $10.00.

RAY'S MEDICAL JURISPRUDENCE. The Medical Jurisprudence of Insanity. By Isaac Ray, M. D. Third Edition, much enlarged. 1 vol. 8vo. Cloth, $2.25. Law sheep, $2.50.

FOSTER'S REPORTS, Vol. II. Reports of Cases argued and determined in the Superior Court of Judicature of New Hampshire. By William L. Foster. Vol. II. 8vo. $3.50.

TAYLOR'S LANDLORD AND TENANT. Treatise on the American Law of Landlord and Tenant, embracing the Statutory Provisions and Judicial Decisions of the several United States in reference thereto, with a selection of precedents. By John N. Taylor. Second Edition, revised and enlarged. 8vo. $4.50.

HOWARD'S REPORTS. Vol. XIV. Reports of Cases argued and determined in the Supreme Court of the United States. By Benjamin C. Howard, Vol. XIV. 8vo. $5.50.

LAW BOOKS IN PRESS AND PREPARING FOR PUBLICATION.

A

ENGLISH ADMIRALTY REPORTS, in Nine Volumes. complete series of all the English Admiralty Reports down to Part III. of W. Robinson's Rep. Vol. 3, (or to the commencement of our Series of "English Law and Equity Reports,") with Notes by George Minot, Esq., and comprising all Cases reported in the seven volumes of Notes of Cases, which are not contained in the regular Reports, and all the Appeal Cases in Knapp's P. C. Rep. and Moore's P. C. Rep. Vol. I. will contain 1 and 2 C. Rob.; Vol. II., 3 and 4 C. Rob.; Vol. III., 5 and 6 C. Rob.; Vol. IV., Edw. R. Hay & Marriott, and the Appeal Cases in Knapp & Moore; Vol. V., 1 and 2 Acton, and Selections from Notes of Cases; Vol. VI., 1 and 2 Dod.; Vol. VII., 1 and 2 Hagg.; Vol. VIII., 3 Hagg, and 1 W. Rob.; Vol. IX., 2 W. Rob. and 3 W. Rob. Parts I. and II. These Reports for sale only in sets. Vols. I., II., and IX., now ready. 8vo. $3.50 per vol.

CRIMINAL LAW. A Treatise on Criminal Law.

By Joel

Prentiss Bishop, Esq., author of Commentaries on the Law of Marriage and Divorce.

LAW OF MERCHANT SHIPPING. A Compendium of the Law of Merchant Shipping. With an Appendix, containing all the Statutes of practical utility. By Frederick Philip Maude and Charles Edward Pollock, Esqrs., of the Inner Temple, Barristers at law. From the London edition, with notes and additions by a member of the Suffolk bar. 1 vol. 8vo.

AMERICAN RAILROAD CASES. A Complete Collection of the American Cases relating to the Rights, Duties, and Liabilities of Railroads, with Notes and References to the English and American Railway, Canal, and Turnpike Cases. By Chauncey Smith. 2 vols.

8vo.

PARSONS ON CONTRACTS. A Treatise on the Law of Contracts. By Hon. Theophilus Parsons, Professor in Dane Law College, Cambridge, Mass. In 2 vols. 8vo.

THE LAW OF ADMIRALTY. Leading Cases in Admiralty and Shipping, with Notes and Commentaries. By a member of the Suffolk Bar. In one volume. 8vo.

LIFE AND FIRE INSURANCE. A Treatise on the Law of Life and Fire Insurance. By Joseph K. Angell, Counsellor at Law. ARBITRATION AND AWARDS. A Treatise on the Law of Arbitration and Awards. By a member of the Suffolk Bar.

ANNUAL DIGEST, 1852. Digest of Decisions of the Courts of Common Law, Equity, and Admiralty in all the Courts of the United States, and of the several States, for the year 1852. By John Phelps Putnam. 8vo.

ENGLISH REPORTS in Law and Equity. Vol. XIV. Vols. I. to XIII. ready.

8vo.

CUSHING'S REPORTS. Vol. VII. and determined in the Supreme Judicial Luther S. Cushing. Vol. VII. 8vo.

Reports of Cases argued
Court of Massachusetts. By

ON THE

LAW OF EVIDENCE.

BY

SIMON GREENLEAF, LL. D.

EMERITUS PROFESSOR OF LAW IN HARVARD UNIVERSITY.

Quorsum enim leges inventæ et sancitæ fuere, nisi ut ex ipsarum justitia unicuique jus suum tribuatur?- MASCARDUS EX ULPIAN.

VOLUME III.

CBOSTON:

LITTLE, BROWN AND COMPANY.

MDCCCLIII.

1874, A price 28.
Ведсовет

Hon. lo haréed f

Entered according to Act of Congress, in the year 1853, by
SIMON GREENLEAF,

in the Clerk's Office of the District Court of the District of Massachusetts.

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