JAMES LORIMER, ADVOCATE, M.A., F.R.S.E.,

PROFESSOR OF PUBLIC LAW IN THE UNIVERSITY OF EDINBURGH.

"Potius ignoratio juris litigiosa est, quam scientia."

-CICERO, De Leg. I., c. 6.

SECOND EDITION.

EDINBURGH: T. AND T. CLARK.
GLASGOW: SMITH & SON. LONDON: STEVENS, SONS, & HAYNES
AND SIMPKIN, MARSHALL, & CO.

MDCCCLXII.

PREFACE TO THE SECOND EDITION.

THE favour with which the first edition of this little work was received, has induced both the Author and the Publisher to make considerable efforts to render the second more worthy of public acceptance.

Not only has the text been carefully revised, and modified in accordance with such changes as subsequent legislation has introduced into the law, but new matter has been added, wherever it appeared that subjects of importance or of general interest had been overlooked. An attempt has also been made to render the book more useful to students, and more interesting to intelligent readers of all classes, by indicating with greater fulness than had been done in the former edition, the sources from which the law of Scotland has derived those characteristics in which it differs from that of England. The historical account of the office of Sheriff, the article on the Court of the Lord Lyon, that on Litigation by the Poor, and other portions of the work as it now stands, are entirely new.

The book having been originally intended for non-professional readers, who could not be supposed to possess professional libraries, no references to authorities were given. But, probably from its being the most recent work on many branches of our law, it appears that its pages were turned over by lawyers more frequently than its Author had contemplated, and by them the absence of references was severely felt. The Publisher determined that this defect should be supplied; and as the other avocations of the Author did not admit of his undertaking this task, he counted himself fortunate in securing the aid of his friend, Mr James Barclay. He has every reason to believe that Mr Barclay has executed this portion of the work with such care and fidelity as to merit the confidence of the public, and to call for his warmest thanks. A similar expression of gratitude is due to Mr Barclay's father, Mr Sheriff Barclay, for many valuable suggestions during the progress of the work, and to the Author's old and dear friend, Mr Sheriff Hallard.

PREFACE TO THE FIRST EDITION.

WHEN a popular book on a professional subject is presented to the public by a professional man, it is usual for him to preface it with an apology for its existence; and were his object either to diminish the scientific exactitude of professional study, or to open the practice of a profession to those who have received no special training, there would be reason for an apology, if indeed any apology could avail. But the case, I trust, is very different where all that has been attempted, as regards practice, has been to furnish the means of encountering, with confidence and serenity, those occurrences in which the non-professional person must act without professional aid; and as regards study, to afford a general view of the subject, and a guide to more recondite sources of information. These are the objects which I have endeavoured to keep exclusively in view in the preparation of this work; and I therefore believe, with some confidence, that whatever may be its other defects, it will not be found to have overstepped the legitimate province of the class of works to which it belongs.