In this edition are incorporated all the changes made in the law since the first publication of the book (a), and the whole of the text has been carefully revised. Besides these emendations, the author has been emboldened by the very kind and gratifying reception, which his treatise met with at the hands of the profession, to add a considerable amount of entirely new matter. This work, in its first edition, was originally planned on a smaller scale than that on which it was executed. But over ten years elapsed between the commencement of the book and its completion; and the author, in the course of working out his design, was led to elaborate the later part of his treatise in a way which rather exceeded the proportions observed in the earlier chapters. The aim of the additions now made, which occur chiefly in the first half of the book, has been to harmonise those proportions with the lines on which the work was finished.

(a) Vol. i., containing Chaps. I. - XII., was published in October, 1903; a temporary volume, containing Chaps. XIII. - XVI., appeared in January, 1905; and vol. ii. in its entirety was published in April, 1906.

The writer is well aware how delicate a task the enlargement of a law book is, and knows that such an undertaking too often results in marring the symmetry and injuring the literary quality of the original work. But he has done his best to avoid these evils; and trusts that his additions have not damaged the book, but will make it more useful to the profession.

As the additions are much intermixed with the original text, it may be convenient to point out exactly what they are. The following matter is new: - The note (p. 4, n. (m)) on the question whether on the sale of land without naming the price the law implies an agreement to buy at a reasonable price; the examples stated on p. 6 of the sale of land by a general description (notes (u - b)), and the criticism in note (b) of the case of Plant v. Bourne (b); the whole paragraph on pp. 24 - 26 as to the inadvertent acceptance of a bidding lower than the reserve price, etc.; the paragraph on pp. 29, 130, as to alterations in the contract; the sentences on pp. 33 - 35, to which are annexed notes (k, n and u); the statements on p. 36 as to the remedies for breach of the contract; the sentences on pp. 37 and 39, to which are annexed notes (a, c and k); paragraphs (3) and (4) on pp. 44, 45 (these have been re-written); the paragraph on pp. 54, 55, as to re-sale as owner; the paragraph on pp. 69, 70, as to the stipulations left to be implied on sales by auction, and the sentences, to which notes (y, h) are annexed, in the succeeding paragraph; the whole of p. 76; the paragraphs on pp. 78 - 83, as to special stipulations usually made in particular cases of sale by auction; the sentences on pp. 106, 107, as to the conveyance of an equity of redemption and a transfer of mortgage; that on p. 114 as to documents incorporated by reference; the paragraph on pp. 119, 200 as to title-deeds executed by attorney; those on pp. 124 - 180, as to title-deeds in the custody of a mortgagee or subject to a solicitor's lien; the sentence on p. 139 as to statements of fact in public documents and notes (c, d) thereto; that on p. 154 to which note (/) is annexed; the statements on pp. 155 - 159 as to presumptions; the statement at the end of note (n) to p. 166, calling attention to what seems to have been an oversight in the decision of Parker, J., in Halkett v. Dudley (c); note (y) to p. 168; the sentences on pp. 176, 177, to which notes (c, d, o, p, q, r) are annexed; those on pp. 183, 184, to which notes (y, z, e,f) are annexed; the last half of p. 185 from "It is held," and notes (k, l) thereto, the latter note containing a criticism of the grounds alleged by Parker, J., in Halkett v. Dudley (d), for the purchaser's right to repudiate the contract at once, if the vendor fail to show a good title; the sentence on p. 187 to which note (n) is annexed; the last two sentences on p. 191; the sentence on p. 244, to which note (t) is annexed; that on p. 264, to which note (t) is annexed; that on p. 267, to which note (d) is annexed; p. 269 down to note(o); note (d) to p. 294, dealing with the execution of powers by will; the statements on pp. 297, 298, as to the exercise of powers to appoint land amongst unborn issue; the paragraph in the middle of p. 299; the first sentence on p. 317; pp. 318 - 327, dealing with the law expounded in Be Dickin and Kelsall's Contractile), as to a tenant for life's power of conveyance under the Settled Land Acts, etc.; the latter half of p. 329 from "It is submitted" to the end of p. 331; the sentences on pp. 332, 333, to which notes (n, o, s) are annexed; that on p. 339, to which note (a) is annexed; the paragraph on pp. 344, 345, as to sale by the mortgagee's attorney; that on pp. 349, 350, as to fines on admittance after the death of an unadmitted surrenderee; pp. 363 - 372, dealing with the sale of renewable leaseholds, satisfied terms, merger of terms, enlarged terms, leaseholds settled to go with freeholds, options to purchase contained in leases, and reversionary leases; note (k) to p. 374; note (z) to p. 377; the sentences on p. 379 to which notes (n, o, p) are annexed; the statements in note (p) to p. 385, discussing the criticism made in the "Law Quarterly Review" on a passage in the text; pp. 386 (from "It is also desirable") to 393 (end of Sec. 3), dealing principally with the possibility of evading compulsory registration of title; so much of pp. 396 - 398 as relates to the changes made by the Finance (1909-10) Act, 1910; the paragraph on pp.400, 401, as to sale of the reversion on a lease, where succession duty is payable at the end of the term, etc.; pp. 403, to the end of the first paragraph on p. 405; pp. 409 to 433, dealing with allotments, exchanges, mines, roads, rivers, water rights, fishing and' sporting rights, wastes, rights of support, undivided shares in land, and trusts for conversion; the sentence on p. 436 as to the release of part of land subject to a rent seek; note (z) to p. 446, as to the meaning of "an assurance"; pp. 456 - 459, discussing the question whether a contract to sell land to a charity is an assurance within the meaning of the Mortmain and Charitable Uses Acts, 1888 and 1891; the first paragraph on p. 465; pp. 469, 470, as to the power of a surviving partner to sell or mortgage the lands of the firm; pp. 482 - 487, as to marshalling securities, clog on redemption and mortgages to moneylenders; pp. 489, 490, as to compensation for non-renewal of licences; the sentence on p. 491 to which note (p) is annexed, and notes (q, r) to that page; those parts of notes (t, u) to p. 492 which deal with the case of Re Nisbet awl Potts' Contract (f), and lands taken under the Lands Clauses Act, 1845; the statement in note (y) to p. 493; note (p) to p. 532; the sentence on p. 546 to which note (y) is annexed; those on p. 551 to which notes (c, e, f) are annexed; the statements on pp. 559, 560, as to execution against the purchaser; those on p. 580 as to the acceptance of title by not sending in requisitions in time; notes (x,y) to pp. 599, 600; note(l)to p. 616; the sentence on p. 617 to which notes (q, r) are annexed; that on p. 624 to which note (y) is annexed; pp. 630 from "We have seen ' to 633 and note (m) to p. 634, discussing the questions raised in the recent case of Be Sansom and Narbethh Contract (g) as to the purchaser's right to conveyance by reference to a plan; the sentence on p. 635 to which note (v) is annexed; the second sentence in note (t) to p. 650; those on p. 668 to which notes (r, s) are annexed; the last three sentences in note (s) to p. 678; the paragraph on p. 684 as to solicitor's lien; the statements on pp. 696, 697, as to the new stamp duties; pp. 706 - 712 relating to increment value duty; note (p) to p. 713 as to the taxes on land; note (z) to p. 733 as to solicitors' remuneration; the last part from "The case of Re Meyer" of the note on p. 752; the sentence on p. 753 to which note in) is annexed; the statements on pp. 790, 791. as to the case of Thompson v. Hickman (h); the sentences on pp. 829, 830, to which notes (b, d, e) are annexed; the latter half of note ( p) to p. 842; the sentence on p. 843 to which note (y) is annexed; that on p. 856 as to stipulations in general restraint of alienation and note (o) thereto; and the paragraph on p. 865 as to the sale of land for the use of a charity. Altogether the fifteen chapters now included in the first volume contain one hundred and thirty-five pages more than in the first edition.

(b) 1897, 2 Ch. 281.

(c) 1907, 1 Ch. 590, 606.

(d) 1907, 1 Ch. 590.

(e) 1908, 1 Ch. 213.

(f) 1906, 1 Ch. 386.

(g) 1910, 1 Ch. 741.

(h) 1907, 1 Ch. 550.

Owing to the proposed enlargement of the table of cases, which will expand the size of the second volume, Chapters XIII. to XV., on Mistake, Misrepresentation, etc. and Illegality, are in this edition transferred to the first volume. In connexion with the subject of Mistake, the author may point out that the theory, which he has adopted, as to the law of Mistake in relation to contract, is supported by the recent cases of Re Metier (i) and Hood v. McKinnon(k); see pp. 749, 750 and note (i). He also submits that his criticism of the doctrine applied in Davies v. Fitton (l) and May v. Platt (m) has since been justified by the judgment of Neville, J., in Thompson v. Hickman (n); see pp. 786 - 791. The writer may also cite the authority of the same learned judge in Beale v. Kyte(o) in support of his criticism of the case of Bloomer v. Spittle (p); see pp. 794 - 801, 796, n. (r).

The long delay in passing the Finance (1909-10) Act, 1910, made it impossible to keep the section on the Death Duties in the place allotted to it in the first edition (Chap. VII. Sec. 2). This section has therefore been moved into the second volume, and will be printed at the end of it as a separate chapter (Chap. XXI.). The Appendix, which will contain some additional forms, has also been transferred to the second volume.

(i) 1908, J'. 353.

(k) 1909, 1 Ch. 476.

(l) 2 Dru. & War. 225.

(m) 1900, 1 Oh. 616. This doctrine is that the Court will not grant, at suit of a plaintiff, the rectification of an agreement in wilting together with specific performance of the agreement as rectified.

(n) 1907, 1 Ch. 550.

(o) 1907, 1 Ch. 561.

(p) L. K. 13 Bq. 127.

As in the first edition, the tables of cases and statutes, as well as the general index, will be placed at the end of the second volume. In this edition, however, references to all the reports will be given in the table of cases; and a separate index will be added of the defendants' names in the cases cited. The general index will also be thoroughly revised and enlarged.

The entire work of correcting the press for this edition has been undertaken by the author's former pupil, Mr. H. Ernest Glaisyer, of Lincoln's Inn, who is also responsible for the table of contents, and is engaged in preparing the tables of cases and statutes and the general index.

The Addenda to this volume contain cases reported whilst it was in the press, and include those reported in the Law Reports for October, 1910.

7. Stone Buildings, Lincoln's Inn, 12th October, 1910.