COMMON LAW AND BANKRUPTCY.

A

MANUAL

OF

COMMON LAW AND BANKRUPTCY:

FOUNDED ON

VARIOUS TEXT-BOOKS AND RECENT STATUTES,

AND DESIGNED AS

A COMPANION TO SMITH'S MANUAL OF EQUITY.

BY JOSIAH W. SMITH, B.C.L.

ONE OF HER MAJESTY'S COUNSEL;

EDITOR OF MITFORD'S 'CHANCERY PLEADINGS,' AND FEARNE'S 'CONTINGENT REMAINDERS;' AUTHOR OF A COMPENDIUM OF THE LAW OF REAL AND PERSONAL PROPERTY,'

A MANUAL OF EQUITY;' AND ONE OF THE CONSOLIDATORS OF

V. & R. STEVENS, SONS, & HAYNES,

26 BELL YARD, LINCOLN'S INN.

PREFACE.

THIS small volume is founded on about sixty text-books, which are referred to in it as often as any use has been made of them, and in other instances where a reference to them seemed desirable. And it is the result of an attempt (commenced by the Author about two years ago) to supply what appeared to him to be a great desideratum; namely, a very compendious First Book for students in Common Law and Bankruptcy, forming a companion to his Manual of Equity, which has been so favourably received. But the writer believes it might be also useful to some practitioners in Equity and Conveyancing, upon some points contained in the following pages, to which their attention may not have been directed in the course of practice. And as the Author has reason to