PRINTED BY

SPOTTISWOODE AND CO., NEW-STREET SQUARE

LONDON

MEMBER OF HER MAJESTY'S MOST HONOURABLE PRIVY COUNCIL,
AND JUDGE OF THE HIGH COURT OF ADMIRALTY,

· Δικαίωσις μία ὑμῖν ἔσται τῷ προσηλύτῳ καὶ τῷ ἐγχωρίῳ, ὅτι ἐγώ εἰμι
Κύριος ὁ Θεὸς ὑμῶν.-ΔΕΥIT. ΚΔ ́. κβ'.

Qui autem cirium rationem dicunt habendam, externorum negant, ii
dirimunt communem humani generis societatem.'-CICERO, De Officiis, iii. 6.
'Plaisante justice qu'une rivière ou une montagne borne!'-PASCAL,
Pensées, Part i. art. vi. s. 8.

VOL. IV.

Third Edition.

BY THE AUTHOR'S SON

SIR WALTER G. F. PHILLIMORE, BART., D.C.L.

OF ALL SOULS COLLEGE, OXFORD, AND THE MIDDLE TEMPLE, BARRISTER-AT-LAW;

AND

REGINALD JAMES MURE, M.A.

OF CH. CH. OXFORD, AND LINCOLN'S INN, BARRISTER-AT-LAW.

LONDON:
NDON

BUTTERWORTHS, 7 FLEET STREET,
Law Publishers to the Queen's Most Excellent Majesty;
HODGES, FIGGIS, & CO., GRAFTON STREET, DUBLIN.

The right of translation is reserved.

80747

Int 1625.1.4

XPE 2806 (3)

PREFACE

ΤΟ

THE THIRD EDITION.

It was stated in a prefatory note to the third edition of the third volume of these Commentaries, that the author, Sir Robert Phillimore, died while that volume was passing through the press.

For the third edition of this fourth and last volume he had collected some materials, but had not made other provision.

In these circumstances we have prepared the present edition of the fourth volume; and it only remains to explain to the reader what has been done, what part of this edition has the weight of the author's authority, and what part rests upon the editors alone.

Our additions to the original work are enclosed in square brackets. They consist either of new matter, such as new laws, treaties, or judicial decisions; or of additional illustrations from the foreign codes; or of certain corrections. These the change of time or circumstance, and the alteration of the English judicial

system and procedure under the Judicature Acts, and of substantive law with regard to married women, bills of exchange, and some other subjects, have rendered necessary.

Besides this addition of new matter, we have undertaken the verification of the many quotations and references which are to be found in the former editions. All have been revised and corrected after careful comparison with the original authorities.

We have not thought it necessary to mark with. brackets either the corrections which we have been thus led to make, or some occasional emendations of clerical or press errors in the body of the book. In all other respects the original text remains unaltered ; and any passage not enclosed in brackets is the work of the author.

It has been our study to make the book thoroughly accurate and full; and we believe that the new matter which we have introduced will make the book complete down to the date of the present publication.

August, 1889.

WALTER G. F. PHILLIMORE.
REGINALD J. MURE.