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PRACTICE

OF THE

LAW OF EVIDENCE.

By EDMUND POWELL, Esq., OF TÅE INNER TEMPLE, BARRISTER-AT LAW, AUTHOR OF “A TREATISE ON

THE LAW OF CARRIERS."

LAW TIMES OFFICE:
29, ESSEX STREET, STRAND, LONDON.

LONDON:

PRINTED BY J. CROCKFORD, 29, ESSEX STREET,

STRAND,

COMPLETE PRACTICE

OF THE

LAW OF ENGLAND.

AS ESTABLISHED BY THE

RECENT STATUTES, ORDERS, RULES, &c.

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LONDON:
LAW TIMES OFFICE, 29, ESSEX STREET, STRAND.

LONDON: PRINTED BY JOHN CROCKFORD, 29, ESSEX STREET,

STRAND.

PREFACE.

IN this Treatise on the Practice of the Law of Evidence I have endeavoured to state, clearly and concisely, all those principles of this branch of law which are of most frequent and practical importance in the Courts. It is apparent that a compendium of a subject which has been exhausted by such writers as Phillipps, Taylor, Starkie, and Roscoe, can have little pretension to originality, and I am bound to acknowledge the great extent of my obligation to all these authors, and especially to the elaborate works of the two former gentlemen. There are few legal topics which afford a modern writer any ground for claiming the merit of originality in the treatment of them; and I have no wish to advance any such claim. At the same time, I

may be permitted to disclaim all intentional plagiarism, and to state, that whenever I have availed myself of the learning and labours of my predecessors, I have studiously acknowledged, and beg to repeat my acknowledgment of, the debt. The plan of stating fundamental principles, and of illustrating them by leading cases, is, perhaps, to a certain extent, original; and I may also add, that I have endeavoured anxiously to mark dis

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