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TO

THE RIGHT HONOURABLE

ALEXANDER LORD LOUGHBOROUGH,

LORD CHIEF JUSTICE OF HIS

MAJESTY's COURT OF

COMMON PLE A S,

THE FOLLOWING WORK

IS

(BY HIS PERMISSION)

MOST RESPECTFULLY INSCRIBED,

BY

HIS MOST OBEDIENT, AND

OBLIGÉD HUMBLE SERVANT,

THE AUTHOR.

P R E F A CE.

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T is now four years since the second Edi

tion of the following Work made its appearance, and was received by the Profession, with the most flattering marks of their approbation. In the course of that period, the Author employed much time and attention, in rendering it still more worthy the reception it has met with.-The work has undergone a thorough revision: some paffages that were exceptionable, have been rectified; and others that were doubtful, explained. The references in particular have been carefully examined; and, besides correcting such as were inaccurate, he has given the names of all the cases referred to, from the different reporters, and continued down the adjudications of the court to the end of the last term.

Nor

Nor is this all. It appeared that several new heads or titles were yet wanting; and particularly as to the proceedings by original quare clausum fregit, and in replevin, the mode of proceeding to trial by proviso, and instruction for preparing the brief, and arranging the evidence at nisi prius.-These he has added in the present edition; together with a great variety of useful notes and observations.

There is one case from the last number of the Term Reports, which the Author had not an opportunity of introducing in the body of the work; and therefore it will be proper

to insert it here. - The plaintiff was nonsuited, and after taxation of the costs, de-. fendant was served with an allowance of a writ of error.-Notwithstanding which, a fi. fa. was levied ; motion to set it aside, and that the goods might be restored to the plaintiff.-On shewing cause, the court said, that they would in no case stay proceedings, or set aside an execution, on account of a writ of error being brought on a judgment of nonsuit, which evidently must be for the purpose of delay and vexation. Rule disch. Box v. Bennet. H. Blacks. Rep. 432.

The

The Author cannot conclude without returning thanks to the Prothonotaries, Secondaries, Messrs. Wells, Sherwood, and Evans, for much useful information which he has derived from them, and for the very liberal manner in which it was communicated.

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