THE Chicago PRACTICE OF THE LAW IN All its Principal Departments ; WITH A VIEW OF RIGHTS, INJURIES, AND REMEDIES; AS AMELIORATED BY RECENT STATUTES, RULES, AND DECISIONS; SHEWING THE BEST MODES OF CREATING, PERFECTING, SECURING, AND TRANSFERRING rights; AND COMPRISING THE PRACTICE IN ARBITRATIONS; BEFORE JUSTICES; IN COURTS OF COMMON LAW; IN PARTICULAR IN ACTIONS IN EITHER OF THE SUPERIOR COURTS. WITH NEW PRACTICAL FORMS. INTENDED AS WELL FOR THE USE OF STUDENTS AS OF PRACTITIONERS. IN FOUR VOLUMES. VOL. IV.-PART VII. CONCLUDING WITH A GENERAL INDEX OF THE WHOLE WORK. BY J. CHITTY, ESQ. BARRISTER, OF THE MIDDLE TEMPLE. LONDON: S. SWEET, CHANCERY LANE; AND V. & R. STEVENS, BELL YARD; Law Booksellers and Publishers. MILLIKEN AND SON, GRAFTON STREET, DUBLIN. OBSERVATIONS ON THE CONTENTS OF THIS CONCLUDING PART. In the following pages I have endeavoured to complete my undertaking-to give a Comprehensive practical view of all Private as well as most of the Public Rights, Injuries and Remedies, as they have recently been ameliorated by the Legislature and by the recent Rules and Decisions of the Superior Courts. It is my anxious hope that Practitioners and Students may be induced sedulously to study every subject of these Volumes; and afterwards, from time to time, by constantly analysing and common-placing every new Enactment, Rule and Decision, may secure a continually increasing store of knowledge, and the means of ready access to all the improvements in the Law. The following pages relate principally to the occasional, but nevertheless very important, proceedings by Bill of Exceptions and Demurrer to Evidence, and to the practice of Saving or Reserving, upon a Trial, points for the decision of the Court above, or of praying a Judge to certify in favour of a trial had by a Special Jury, in order to recover the extra costs of that proceeding, and also to several other applications and motions to be properly made between the trial and entry of satisfaction. Then follow observations relative to New Trials, and when or not they can be obtained; the Judge's certificate for immediate or early Execution; the Postea; the Taxation of Costs and Signing Judgment, with forms of each Judgment; and, finally, the different Executions and Entries of Satisfaction. In conclusion, I have, with great labour, endeavoured to meet the wishes of many of the purchasers of this work, by adding a complete Index to all the seven parts; and showing, at one glance, where the matters on each subject may be found, without searching for the same in the separate indexes at the end of each part, which were formed merely as temporary indexes, and do not contain more than the principal heads of that branch of the Work. The student who has attentively for two or three years read and considered the numerous subjects of this Work, may certainly then venture with confidence, though constantly with anxious care, to commence his own professional career. This Volume also states the changes and improvements in the practice and proceedings in the Ecclesiastical Courts. In the Fourth Part, (chap. v. sec. x. page 454 to 508,) I considered many particulars of that extensive and interesting jurisdiction, which is too little known and still less understood by general Practitioners; but of which it is certainly essential all should become well informed. In the concluding chapter there is introduced, with the kind permission of an eminent Lawyer, a valuable collection of forms, relating to some of the most interesting and important proceedings in the Ecclesiastical Courts. Even a cursory examination of that chapter will convince all Practitioners of the expediency, if not the imperative necessity, for his becoming better informed upon these subjects. He should first read sec. x. (page 454 to 508) of the antecedent fourth part; and then conclude with the last chapter of this seventh part, by which he will have acquired a desirable knowledge of the subject; and though it may be prudent, as regards the interest and security of his client, to employ a regular experienced Proctor, he will nevertheless find great advantage from himself being acquainted with the proper course of proceeding. With grateful acknowledgments and thanks for the kind assistance I have received from numerous experienced friends, who have contributed to the improvement of this Work, and to the encouragers of my undertaking in general, I beg to subscribe myself their faithful and obliged, J. CHITTY. N. B. It is probable that the numerous recent decisions and expected alterations and improvements will render it necessary, in the month of October next, and in each succeeding year, to publish a Supplement to the whole work. Chambers, 6, Chancery Lane, |