though the student may derive some assistance from this collection, yet he must not be thereby induced to refrain from taking, or at least analysing other Pleadings, according to the course which his own judgment, or that of a friend more experienced, may suggest. The utility of a work of this description must depend on the mode in which the subject is arranged, the correctness of the positions supported by legal decisions, for selection of the best authorities, and the facility of access by means of a full and accurate Index. To these points, therefore, I have endeavored to pay attention, and, besides the Reports which I have consulted, the reader is frequently referred to the Digests and Elementary writers. Indeed, it was impracticable to write on the subject upon which the authors alluded to had touched, without occasionally finding some parts pre-occupied, and the matter so ably treated of as to leave it open to me to do little more than enlarge upon, and arrange such parts of the subject according to my own plan. When this has occurred, I have considered that it would be the most candid mode of acknowledging the assistance I have derived from these works, and at the same time most useful to the profession, if, in the notes, I referred to those authors, in addition to the reported decisions, sanctioning my own view of the subject by the weight of their authority. The kindness of my friends has so engaged me in professional avocations, that I have with difficulty prepared this work for publication, and the various interruptions which I have experienced, must, I fear, have occasioned some inaccuracies, for which, however, I hope the candour of the reader will make allowance. Temple, 7th November, A. D. 1808. J. CHITTY. TABLE OF CONTENTS. [The figures refer to the original paging, of the fifth English Edition as CHAPTER I. OF THE PARTIES TO ACTIONS, 1 to 106 1, as between the original parties and with reference to the CHAP. I.—OF THE PARTIES TO ACTIONS-(continued.) 1, as between the original parties, and with reference to the liability of the party, 37 to 47 in cases where a contract can only be implied, 38 3, in the case of an assignment of interest or change of credit, and of covenants running with the land, &c. 54 to 57 in case of covenants running with real property, 55 4, when one of several obligors, &c. is dead, 57 5, in the case of executors or administrators, heirs and devisees, 6, in the case of bankruptcy, 60 to 63 7, in the case of an insolvent debtor, 63 to 65 2, who to join or sever, with reference to the number of plain- for injuries to real property, 75 consequences of nonjoinder, 76 consequences of misjoinder, ib. 3, when the interest in the property has been assigned, ib. 76 against a partner or a third person colluding with him, 91 who are liable as principals, ib. liability of the sheriff and his officers, 93 intermediate agents, 97 2, with reference to the number of the parties, 98 to 101 consequences of misjoinder or nonjoinder, 99 costs now payable in general to an acquitted defendant, 3, where the interest has been assigned, &c. 101, 102 origin of the different forms of action, 107 enactment of stat. West. 2, that as new injuries arise, new writs to the circumstance of a remedy being new in form not conclusive as ancient prescribed forms not to be departed from, ib. actions are real, personal, or mixed, 110 actions are in form ex contractu or ex delicto, 111 suggestions on the mode of considering and arranging the subject, ib. D |