one.

upon the practice of all the courts, founded upon the new rules and statutes, without reference to my former work, or embodying any part of it in the new Before I would tax the Profession, however, with a new work upon the subject, I was desirous of waiting until the new practice, thus introduced, should settle down, and become fixed and well defined by decisions, so that I should be enabled to treat of the several parts of it with certainty and precision; and it was not, therefore, until the year 1838, that my new work was published. Mr. Cancellor, then a prothonotary and now a master of the Court of Common Pleas, and Messieurs Walker and Dax, masters of the Court of Exchequer, did me the favour to revise the whole of it, as it passed through the press; and to them I am indebted, in a great measure, for the character for accuracy which was afterwards bestowed upon the work. A new edition of it is now required; and I have undertaken it with pleasure, having obtained the promise of my friend Mr. Bunce, one of the masters of the Court of Queen's Bench, that he would revise it for me. He has done this, and done it most ably; so that I think I may now offer it to the Profession, with a confidence in its accuracy, that I never could have telt, if I had not been favoured with such able advice and assistance.

In the present edition I have made many alterations. I have altered the whole of the arrangement of the work. The former edition was arranged alphabetically; but as the Profession were not so much accustomed to that, as to the arrangement of the different parts of the subject in the order in which they occur in practice, I have upon this occasion adopted the latter mode of arrangement. After treating of the court and its officers, including sheriffs and their duties, and proceedings against them, including also the whole of the law relating to attornies and their articled clerks, I have, in the first place, treated of the proceedings in actions generally, -the limitation of action, and the mode of entering process on the roll, to save the statute of limitations, -the process and other proceedings in the action, to declaration: namely, the writ of summons, the distringas, the appearance, outlawry, the writ of capias, bail bond and bail, the removal of causes from inferior courts, and the declaration, change of venue, consolidating of actions, and inspection of deeds and papers, &c.—then the pleadings and other proceedings to issue, namely,-security for costs, particulars of demand and set off, staying proceedings, oyer, interpleader in ordinary cases, plea, plea of set off, plea of tender, plea of payment of money into court, plea of nul tiel record, plea in abatement, plea

to the jurisdiction and claim of conusance, plea puis darrein continuance, judgment by default, writ of enquiry, reference to the master to compute principal and interest; replication, &c.; demurrer; the issue, breaches in debt on bond, notice of trial, nolle prosequi; cognovits and warrants of attorney:-then the proceedings to trial and verdict, namely, judgment as in case of nonsuit, costs of the day for not proceeding to trial, trial by proviso; the nisi prius record, jury process, view; the jury; the brief; putting off the trial; trial at bar, trial at nisi prius, trial before the sheriff, &c.; documentary evidence, witnesses; demurrer to evidence, bill of exceptions; nonsuit, verdict, special case; death or marriage of parties before or after verdict, &c., its effect upon a suit.

In the second volume, I proceed with the action to judgment and execution :-the motion for a new trial, venire de novo, arrest of judgment, judgment, judgment non obstante veredicto, scire facias, remittitur damna, costs, execution, set off of judgment and costs, and entry of satisfaction upon the roll. Next, I treat of the writ of error, and amendments. then give the proceedings in particular actions, ejectment, replevin, penal actions, and feigned issues. I next treat of actions by and against particular persons, by and against Attornies, bankrupts

I

and their assignees, corporations, executors and administrators, husband and wife, idiots and lunatics, infants, insolvents, against justices of the peace, constables, &c., actions by paupers, actions against peers and members of parliament, and actions against prisoners. I then treat of arbitration; next of rules, judges' orders, affidavits, &c.; and lastly I treat of irregularities, and the mode of taking advantage of them.

There is one novelty in this edition, which I think deserves to be mentioned particularly. In an Appendix to each of the volumes, I have given a collection of Questions upon those parts of the practice treated of in the volume. I think this will be found of great use, particularly by the younger members of the Profession; it will give them the habit of examining, as well their own proceedings as those of their adversaries, and an extraordinary facility in detecting the errors which may be in them. The mode of taking advantage of these errors is also given, by reference to those parts of the body of the work where the law and practice upon the subjects respectively are stated. To persons well versed in the practice of our courts, and in the habit of critically examining the proceedings in them as they occur in practice, and who can see at a glance any errors which may be in them, this portion of my labours

may perhaps appear unnecessary; but even by them I think it will be found useful, in the hurry of business, when an error in proceedings may often escape detection, which would at once be rendered obvious by the aid of this Appendix. But to the younger members of the Profession I think it will be of great importance, in rendering them critically exact and accurate in their own proceedings, and in giving them a facility in detecting every error which may be committed by their adversaries.

As to the manner in which my labours upon this occasion have been performed, I have merely to say, that I have taken infinite pains to render this work accurate in every respect, and ready of reference. And if the Profession shall be of opinion that I have succeeded in attaining these objects, I desire no higher commendation for the work.

J. F. ARCHBOLD.

4, King's Bench Walk,

Temple.