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PRACTICE OF THE LAW
ALL ITS DEPARTMENTS;
WITH A VIEW OP
RIGHTS, INJURIES, AND REMEDIES,
AS AMELIORATED BY RECENT STATUTES, RULES, AND DECISIONS;
THE BEST MODES OF CREATING, PERFECTING, SECURING, AND TRANSFERRING RIGHTS;
THE BEST REMEDIES FOR EVERY INJURY, AS WELL BY ACTS OF PARTIES THEMSELVES,
OR TO ENFORCE SPECIFIC RELIEF, PERFORMANCE, OR COMPENSATION.
COURTS OF APPEAL.
WITH NEW PRACTICAL FORMS.
A COURT AND CIRCUIT COMPANION.
IN TWO VOLUMES.
VOL. II.-PART I.
BY J. CHITTY, ESQ.
7, FLEET STREET.
THE THIRD PART.
It has been my intention, in the arrangement of this work, to observe the natural order of the subjects as they practically arise in the course of professional business. Therefore, in the preceding parts, we first considered the Private Rights of Persons and of Personal and Real Property, and their Injuries and Remedies in general; then the precautionary measures to improve or enlarge those rights, and to prevent or remove injuries ;-next, the measures of redress by Private Individuals themselves, or their relations or friends; then the extent of summary relief by the assistance of Magistrates and other legal Functionaries; then the more formal preventions of Injuries by summary application to Justices or to Courts of Common Law, to obtain sureties of the Peace, or Habeas Corpus, or to a Court of Equity, to obtain an Injunction; and lastly, the modes of enforcing specific performance of a contract or duty, either by Mandamus or by Suit in the Spiritual Court, for Restoration of Conjugal Rights, or by Bill in Equity, and decree for a Specific Performance. These, together with the operation of the Statutes of Limitation, have all been considered in the preceding parts, constituting the first Volume.
In the same natural order of events, we are now to suppose that some description of Litigation to obtain compensation or punishment for an injury already
completed, has become inevitable, and must immediately be resorted to on the one hand, or on the other, defended. Here the first consideration will be the necessity for retaining a Legal Agent, and the circumstances which should influence the choice; we are, therefore, naturally led, in the First Chapter of this Part, to consider the qualifications and professional duties principally of Attorneys, Solicitors, Proctors, Notaries, Special Pleaders, and Barristers : and we have attempted to collect and arrange some rules for their education and conduct, the observance of which will unquestionably negative any supposition that they can act otherwise than becomes a Profession wbich ought to be as honorable as it is influential. I confess, that when I first approached this part of the subject, and recollected that I had met with some instances where the semblance of interest having been placed in one scale, and honor in the other, the latter had kicked the beam, a passing doubt arose whether I might not be assuming to prescribe rules too strict for the present state of Society; but, as I proceeded, and passed in review, the majority of honorable characters well known to me, I have the gratification of declaring that their practice accords with those rules ; and I can, without hesitation assert, that every Student in the Law should observe and act up to them. And, considering how much the well being of Society depends on the honorable practice of this very numerous and influential body of men, I apprehend the examination and practical application of allthese rules will be found to be of the utmost importance.
In the Second Chapter are collected all those rules, the non-observance of which too frequently occasions disastrous defeat at advanced stages of litigation, viz., the necessity for, and modes of ascertaining who
ought to be the plaintiff or complainant, and who the defendant ; also the precise nature of the cause of complaint, essential to be known in order to apply the best remedy, and the evidence of these, and how that is to be obtained or secured ; and of Bills of Discovery in general, and the costs thereof. Then the just contrivances to obtain a legal security in lieu of one defective. The expediency of a formal letter or demand from the attorney before the commencement of any proceeding ; offers of apology or compromise, or of further security, and how those offers are to be treated; and, in short, the consideration of all those circumstances, the careful attention to which constitute the difference between a really skilful and efficient lawyer, and one who barely knows the ordinary routine of practice. Then are considered certain formal steps, as notices, tenders, and demands in general ; demands of the perusal and copy of a Justice's warrant, notices of action to Justices of the Peace and other public officers, and notices of an attorney's or solicitor's lien; then is given an enumeration or outline of the several remedies by legal proceedings for injuries, and concise directions for the choice of the best, and the expediency of retaining a Counsel who is supposed to be most effective and influential, at the place of trial.
The Third Chapter relates to a subject of the very greatest practical importance, viz. Arbitrations. The slovenly and careless manner in which these have been too frequently conducted, is disgraceful to an intelligent Profession, and the consequent accumulation of expense is equally ruinous to the parties. I have therefore given this subject particular consideration, in the hope that the arrangement and suggestions may tend to an amelioration of the practice. The very