THE COMPLETE PRACTICE OF THE LAW OF ENGLAND, AS ESTABLISHED BY THE RECENT STATUTES, ORDERS, RULES, &c. VOL. V. THE NEW PRACTICE OF THE COMMON LAW. BY J. PATERSON, M.A., H. MACNAMARA, BARRISTERS-AT-LAW. LONDON: LAW TIMES OFFICE, 29, ESSEX STREET, STRAND. 1857. PREFACE. THIS work was commenced soon after the numerous and important changes in the practice of the Superior Courts, which had been effected by the Common Law Procedure Acts, and the Rules of Court framed under them. Several statutes and rules as well as decisions having appeared since the earlier parts were published, it has been found necessary to notice a few alterations and additions in a supplementary chapter of Addenda. These alterations, however, have been embodied in the Index, and all the authorities have been brought up to the present time. The object of the Authors was to produce a work clear, short, and useful, and confined as much as possible to the practice as it now is. This result has been sought to be chiefly attained by a proper arrangement of the matter, and by entirely omitting all the obsolete branches of practice, or retaining only so much of the former practice as remains part of the new, whether under the same or a different name. Superfluous comments have been avoided, and in general the words themselves of the new statutes and rules have, for the sake of brevity and precision, been incorporated into the text. Though it is believed no material authorities will be found to be omitted in the references, yet where a long series of cases illustrates only one point of practice now well settled, and the reports of the latest cases contain the prior references, the latest report only is cited, instead of encumbering the notes with the whole series. A Table has been added of the pages of the Work where the sections of the Common Law Procedure Acts, and the Rules of Court are to be found quoted and referred to. The selection of Forms has been chiefly regulated by the known wants of those engaged in ordinary practice. The arrangement of the chapters is believed to be that which is most intelligible and convenient. The First Part contains in their natural order the more usual steps in an ordinary action. The Second Part contains in nearly the same order the variations of the same outline, produced by the character, situation, and conduct of the parties. The Third Part contains the summary, appellate, and peculiar procedure of the courts. The Authors hope that, though the great labour and care bestowed on this work will scarcely be accepted as any apology for its defects, the Profession will receive with some indulgence an attempt to compress the entire practice of the Common Law into a compact form, without omitting anything needful in the exigencies of everyday business. In conclusion, it is only necessary to state for what portions of the Work the Authors respectively are responsible. These are as follows: Mr. Paterson : 1-79; 212-524; 627—930 ; 996-1182; 1199 to the end. Mr. Macnamara: 81-211. Mr. Marshall: 525-626; 931-995; 11831198. TEMPLE, February, 1857. |