A DICTIONARY OF THE PRACTICE IN CIVIL ACTIONS, IN THE COURTS OF King's Bench and Common Pleas, WITH PRACTICAL DIRECTIONS AND FORMS, ARRANGED UNDER EACH TITLE. BY THOMAS LEE, OF GRAY'S INN, BARRISTER AT LAW. VOL. I. THE SECOND EDITION, CORRECTED, ENLARGED, THE ANCIENT WORDS AND WITH A BRIEF SUMMARY PREFIXED, OF THE CIVIL ACTION, OR PROCESS AT LAW, AND ITS INCIDENTS, IN K. B. AND C. P. Sunt jura, sunt formulæ de omnibus rebus constitutæ, ne quis aut in CIC. PRO Rosc. Coм. LONDON: PRINTED BY S. BROOKE, PATERNOSTER-ROW, OLD PALACE YARD, POET'S CORNER, WESTMINSTER. 1825. EXTRACTS FROM PREFACE ΤΟ THE FIRST EDITION, CORRECTED. THE merit of a compilation on Practice may be estimated not only by the accuracy of the practical information, and the fidelity with which the authorities are cited in its support, but by the order or mode of arrangement adopted; and, with a view to the latter ground of estimation, the compilation now offered to the profession has been edited. THE title " Dictionary" sufficiently indicates the arrangement to be alphabetical. In that order will, I hope, be readily found the point of Practice, collected from the reports of cases in each court: the Office-proceeding; and the Form such proceeding may require. Where the proceeding in the two Courts is different, the practice in each is distinguished and separately set down. A detail of the arrangement is as follows: First, occurs the title of Practice; as, for instance, AFFIDAVIT OF DEBT; under this head or title its nature and origin are explained; decisions in point are collected, particularly the more modern: all the authorities, nearly without an exception, I have perused, and they are fully cited. Secondly. Following this first division, and in italic type, appear Practical Directions appropriated to the previous particular head or title so alphabetically occurring. These Practical Directions are distinguished where the different practice, of the two courts seemed to warrant such distinction, by the letters K. B. and C. P. In this division is comprised the office direction, fees, &c. and whatever else it may be expected the clerk should know. This part of the work is little interrupted with any reference to cases or decisions; but in plain language, suited to the occasion, the mode of transacting the office business is pointed out. Thirdly. In a type differing from that of the foregoing divisions, immediately following the Practical Directions in each Court, are subjoined the Forms. FROM amongst the great variety of forms, I have endeavoured to select those which have been long known and approved; they are most important in practice, and to them particularly, as to pleading generally, may well be applied the maxim via trita, via tuta. A RUNNING head or title at the top of the page will still further facilitate reference. AN index of the titles, together with the pages wherein they respectively occur, is prefixed: where a reference from these titles to others in the body of the work occurs, such reference is also noted. My object was to compile a book of ready and immediate reference for office use; a book that should be at once comprehensive, faithful, and adequate; and I may avow, that neither zeal, labour, nor attention, have been wanting to attain that object. A system of practice regularly and technically unfolded may be of great utility; but every step of practice may be considered insulated and independent of a previous one, and therefore, of all other plans, that of alphabetical arrangement of each step, seems the best calculated for actual business. THAT I may have been indebted to the labours of former compilers, is as necessary as that they should have been indebted to those of their predecessors; a collector of cases and of rules of practice is not free to select, he can only state practice; and the merit is with him who states it perspicuously. I respect the labours of other men. When guided amidst doubt and intricacy, it would be ungracious to censure imperfection where perfection was impossible; but it is one thing to travel by a rugged or obscure path, another to render that path obvious and smooth. Before Mr. Impey's meritorious labours, the attorney must have had to rely upon information delivered on tradition only; and such information, sometimes, diversely given, even by officers of the courts: the books of that gentleman first embodied much of the general practice. Richardson had improved upon the older compilers. Crompton digested, and somewhat methodically arranged the authorities. Mr. Serjeant Sellon usefully re-edited Crompton; and the accurate contributions of Mr. Tidd, by uniting the masterly perspicuity of the commentaries with the utmost fidelity of research, seemed to consummate the perfection of a practical work. Esteemed by the present |