Xa PREFACE. 



into force arises from the versatile and un- 

 defined doctrines maintained at different 

 periods on the same subject. 



An attempt to methodise those doctrines, 

 and to bring them to some certain standard, 

 jnaj, perliaps, be deemed presumptuous by 

 tliose who are unacquainted with the op- 

 portunities I have rehictantly enjoyed of 

 becoming experienced in disputes of this 

 nature. 



My object, I wish it clearly to be under- 

 Stood, is not (according to the common 

 phrase) to lay down the law. Such an 

 undertaking would be incompatible with 

 niy pursuits, and above my ability. I wish 

 clearly to confine myself to an explanation 

 of the causes of unsoundness, leaving it to 

 the Courts to aroue and decide thereon. 



Those, who have been accustomed to at- 

 tend horse causes, well know that there are 

 scarc<jly two circuits where the same opi- 

 nions respecting unsoundness are entertained 

 by the respective judges and counsel. This 

 dissiniilari ty of opinion arises more from the 

 olpscurity of the subject, than from any de- 

 sire on theii' part to ne>v-model the statutes, 

 and, until some certain and unvarj^ins; data 

 shall be universally acknowledged in the; 



