A Treatise on the Law of Awards (Classic Reprint)

Excerpt from A Treatise on the Law of Awards

Under each head into which the fubjeét of awards naturally divides itfelf, it is propofed, not barely to lay down the law as it is received at the prefent day, but as far as the determinations of the courts on that fubjeéi, which have been preferved in the books of reports, will permit, to trace the variations of opinion which have at different periods taken place, and the grounds on which every quel'tion has been at laft decided. In the execution of this plan, it may fometimes perhaps be necefiary to detail a feries of technical fubtleties, which, fome may think, might as Well have been omitted: to thofe, however, who c'oader that, in every fyflem, few laws owe their exiftence to legiflative wifdom, con templating the poflible relations and general interef'ts of fociety, and providing at once, by a pofitive ediét, a folution for every queftion to which the various tranfaétions Of men with each other might in a feries of ages give birth, but that by far the greateft number have been eftablifhed as each particular queftion has atifen; that the paflions of the client have a tendency to influ ence the mind of the advocate, and that the advocate is often ready to allift the client in repelling the claim of his Opponent, by all the fubtleties with which his profeflional purfuits have armed him - TO fuch readers, this detail will probably appear the leaft faulty part of the work.

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