AN INTRODUCTORY ANALYSIS OF THE CHANGES EXPLANATORY NOTES AND COPIOUS INDEX. BY EDWARD WISE, OF THE MIDDLE TEMPLE, ESQ., BARRISTER AT LAW. LONDON: S. SWEET, 1, CHANCERY LANE, PREFACE. THE plan which would at first occur to a person intending to publish an edition of "The Common Law Procedure Act," would be to give explanatory notes to the several sections in their order; and had that statute been either a complete code of practice, or even complete as to such parts of the practice as were materially altered by its provisions, this course would have been followed by the Author of the present work, even although he might not have been entirely satisfied with the arrangement adopted in the statute. When, however, as will be seen upon the most cursory perusal of the act, not only is the arrangement confused and illogical, but as a code of practice it is altogether imperfect and defective, although, in many instances, a step towards that object has been taken by inserting parts of former statutes and existing rules of court as new enactments, it is manifest that a more useful, although a more difficult, task would be the preparation of an edition arranged so as to exhibit the various steps in the ordinary course of a suit, and embodying such of the existing rules of court as were requisite to make the new enactments intelligible, with references to the standard works of practice, where a full statement of the subject would be unnecessarily prolix. These objects the Author has steadily kept in view, in the hope that the additional labour thereby imposed upon himself would render the work more worthy of the approval of the profession. He has also endeavoured to make suggestions upon many of the points which must arise before the construction of the statute is settled by decisions, and to notice some matters which may fitly form the subject of the new rules which the judges will no doubt find it necessary to issue "for the effectual execution of the act, and of the intention and object thereof;" and the Statute is added at the end of the volume for convenience of reference. There must of course be differences of opinion upon many points, and many difficulties will be developed by experience; but the Author hopes that, by availing himself largely of the light borrowed from former decisions constantly bearing in mind the spirit in which the legislature has plainly shown this statute is to be interpreted-the present work may be found useful as a guide, and adapted to the practical wants of the profession at the commencement of a new system. It had been the Author's intention to have added forms for the various new proceedings; but as this would have greatly increased the size and expense of the work, and as a new edition of the well-known and valuable book of Forms by Mr. Chitty is now passing through the press, it was deemed sufficient to insert only a few. TEMPLE, October 1, 1852. TABLE OF CONTENTS. INTRODUCTORY ANALYSIS OF THE CHANGES EFFECTED BY 5-37 Generally (sects. 3-7) 5-11 Against Defendant within the Jurisdiction, but not specially Indorsed (sects. 2, 8, 14, 17, 16, 15). . . ...11 With special Indorsement (sects. 25, 24). .. Against a British Subject out of the Jurisdiction Against a Defendant out of the Jurisdiction not being a British Subject (sects. 19, 23, 22, 10, 13, 20, 21)... ...... III. APPEARANCE (sects. 26, 31, 30, 32, 27, 33, 28). IV. DECLARATION (sects. 53, 58, 54, 59, 41, 40) 25 སྐྱ་ VI. JUDGMENT OF DEFAULT (sects. 92-94, 96). |