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which have made considerable changes in the Law, and Practice of the superior Courts : viz. the 1 W. IV. c. 7, “ for the more speedy Judgment and Execution, in Actions brought in his Majesty's Courts of Law at Westminster;" 1 W.IV.c. 21,“ to improve the Proceedings in Prohibition, and on writs of Mandamus;" 1 W. IV. c. 22,
to enable Courts of Law to order the Examination of Witnesses, upon Interrogatories and otherwise ;" 1 & 2 W. IV. c. 58, “ to enable Courts of Law to give relief against Adverse Claims, made upón persons having no interest in the subject of such claims ;" 2 & 3 W. IV. c. 71, “ for shortening the Time of Prescriptions, in certain cases;" 2 & 3 W. IV. c. 100, " for shortening the Time required in Claims of Modus decimandi, or Exemption from, or Discharge of Tithes ;" 3 & 4 W. IV. c. 27, “ for the Limitation of Actions and Suits, relating to Real Property, and for simplifying the Remedies for trying Rights thereto;" 3 & 4 W. IV. c. 42, " for the further Amendment of the Law, and the better Advancement of Justice;” and 3 & 4 W. IV. c. 67, for the Amendment of the Uniformity of Process act. *
To point out the alterations and improvements of the Practice, by the several Statutes which have been passed since the Administration of Justice act, is the object of the present publication ; wherein it is intended to exhibit the Practice of the superior Courts of Law, in personal actions, and ejectment, &c. so far as it is altered or affected by those statutes, and the rules of court, and decisions thereon: And as the last Supplement, on the Uniformity of Process act, is nearly out of print, it has been thought right to incorporate
a There are also some other recent acts of parliament, which are incidentally noticed, and referred to in the following work ; such as Lord Tenterden's acts, 9 Geo. IV.c. 14, requiring a written memorandum, to take a case out of the statute of limitations, &c.; and c. 15, for amending Variances ; 11 Geo. IV. & 1 W.
IV. c. 43, as to Commissions for taking
its contents in the following work; wherein they are divided into six chapters, under the following heads: 1. The means of commencing personal Actions, in the superior Courts of Law at Westminster; and the Process therein, by writ of Summons and Distringas, and the service and execution of such process; 2. The writ of capias, and execution thereof, and process of outlawry; 3. Appearance, and Special Bail; 4. Proceedings against the Sheriff, to compel him to return the Writ, and bring in the Body; 5. Proceedings in Actions against Prisoners, in custody of the Sheriff, &c. and of the Marshal of the King's Bench, or Warden of the Fleet prison ; and 6. The Declaration.
The arrangement of the work will be seen in the Table of Contents. To each enactment, there is an introductory Statement of the Law, as it formerly stood : and References are made throughout, to the ninth edition of the Practice, in order to shew the connexion between that work, and the new, or additional matter contained in the present.
An Appendix is added, containing such of the Acts of Parliament, as are not fully set forth in the body of the work, with the Rules of Court which have been made on the Uniformity of Process act, &c. and nearly two hundred Practical Forms, consisting chiefly of Writs and Returns, Entries of Process, &c. Affidavits, Rules of Court, Judge's Orders, Notices, &c. A Table of these Forms is prefixed to the work; and they are all referred to in the general Index. To facilitate research, Tables are also prefixed, of the Statutes, Rules of Court, and Names of Cases referred to: And to the whole, there is a copious Analytical Index.