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present intended? I would reply, that it is intended not only for the use of students purposing to practise at the bar, or as attornies, but also for the occasional reference of the practising barrister, who may be desirous of applying a Legal Maxim to the case before him, and who will therefore search for similar, or, at all events, analogous cases, in which the same principle has been held applicable and decisive. The frequency with which Maxims are not only referred to by the Bench, but cited and relied upon by Counsel in their arguments; the importance which has, in many decided cases, been attached to them; the caution which is always exercised in applying, and the subtlety and ingenuity which have been displayed in distinguishing between them, seem to afford reasonable grounds for hoping, that the mere Selection of Maxims here given may prove useful to the Profession, and that the examples adduced, and the authorities referred to by way of illustration, qualification, or exception, may, in some limited degree, add to their utility.
In conclusion, I have to express my acknowledgments to several Professional Friends of practical experience, ability, and learning, for many valuable suggestions which have been made, and much useful information which has been communicated, during the preparation of this work, and of which I have very gladly availed myself. For such defects and errors as will, doubtless, notwithstanding careful revision, be apparent to the reader, it must be observed,
that I alone am responsible. It is believed, however, that the Professional Public will be inclined to view with some leniency this attempt to treat, more methodically than has hitherto been done, a subject of acknowledged importance, and one which is surrounded with considerable difficulty.
TEMPLE, January 30th, 1845.
Rex nunquam moritur . . . . . . . .
Non potest rex gratiam facere cum injuriâ et damno ali-
orum . . . . . . . . . .
Quando jus domini regis et subditi concurrunt, jus regis præ-
ferri debet · · · · · · · · ·