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PRACTICAL TREATISE

ON THE

ANALOGY

BETWEEN

LEGAL AND GENERAL COMPOSITION,

INTENDED AS AN INTRODUCTION

TO THE

DRAWING OF LEGAL INSTRUMENTS,

PUBLIC AND PRIVATE.

BY SAMUEL HIGGS GAEL, ESQ.

OF LINCOLN'S INN, BARRISTER.

LONDON:

H. BUTTERWORTH, FLEET STREET ; MILLIKEN AND SON,

DUBLIN ; AND T. CLARK, EDINBURGH.

1840.

[merged small][graphic]

TO

JOHN TYRRELL, ESQ.,

LINCOLN'S INN,

These pages, written on a subject with which he has been long and peculiarly conversant,—and written by one out of the number of those who have received the benefit of his instruction and kind encouragement in the pursuit of that branch of legal studies, of which he is so distinguished a professor,--are gratefully INSCRIBED.

PREFACE.

The principles applicable to the literary composition of legal instruments are derived from the same sources as those of literary composition in general, with certain adaptations and deflections to technical rules and usage. The theory or philosophy of literary composition in general, has been abundantly cultivated, but that of the legal branch has been comparatively neglected. It must, however, be added that the principles themselves of law composition, although unexpounded in theory, are not unknown: they are understood by lawyers; and are daily applied in practice by draftsmen, and applied with skill and discrimination. Many things, practically well understood, cannot be successfully explained in books; and there are niceties in every art which will elude the search of a writer who endeavours to collect and arrange the scattered and minute particulars and peculiarities which constitute it. This may be the case with respect to law composition; but there is nothing to prevent the legal style from profiting by the scientific culture and development of its principles; and an attempt, although imperfect, to promote that culture, may not be without use. Indeed, there are obvious and considerable advantages which are likely to arise from such an attempt: aid would thereby be afforded to students and inquirers in the apprehension of the proper legal style; to those already instructed, in the recollection of its rules, &c.; and to those critics who direct their scrutinies to legal instruments, (and

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