A DICTIONARY OF THE PRACTICE IN CIVIL ACTIONS, IN THE COURTS OF King's Bench and Common Pleas, WITH PRACTICAL DIRECTIONS AND FORMS, ARRANGED UNDER EACH TITLE. BY THOMAS LEE, OF GRAY'S INN, BARRISTER AT LAW. VOL. II. THE SECOND EDITION, CORRECTED, ENLARGED, the ancienT WORDS AND PHRASES TRANSLATED AND EXPLAINED; WITH A BRIEF SUMMARY PREFIXED, OF THE CIVIL ACTION, OR PROCESS AT LAW, AND ITS INCIDENTS, IN K. B. and C. P. Sunt jura, sunt formulæ de omnibus rebus constitutæ, ne quis aut in CIC. PRO Rosc. Com. SAMUEL BROOKE, PATERNOSTER-ROW, LONDON. MAY 19 1953 EXTRACTS FROM ADVERTISEMENT ΤΟ THE SECOND VOLUME, FIRST EDITION, .CORRECTED. FROM the plain arrangement adopted, every point or form of Court-Practice may instantly be inserted in its proper place. Thus the Work is not only a common-place book of what the practice is; but it also may be made a common-place book for the variations and additions to which practice may from time to time become liable. In the preface to the first volume, allusion was made to an index; but as to such index, no distinct or personal pledge was offered; the form of "Dictionary" admits of its being an index to itself; but it has also been conceived by the publisher, that as the index of contents is ample, the one proposed might add to the price, as well as to the bulk of the Work, without enhancing its utility. From their known courtesy on such occasions, I might, perhaps, have oftener availed myself of information at the hands of gentlemen who are officers of the respective courts; but I have in general relied on the authority of adjudged cases in doubtful points, a 2 768057 and on the communications of some very acute and well-informed practitioners, in others. I ought not to omit to acknowledge the welltempered civility with which Mr. Card, of the office of the clerk of the rules, allowed me to make frequent inquiries as to points within that department. The late Mr. Bolton, also, the principal filazer in the court of Common Pleas, expressed himself anxious to supply every information within his power to afford. It will not, I hope, be imputed to me that I vainly mention the approval of the first volume, by some of the most experienced in my own particular branch of the profession; their approval is the more acceptable, since, not having the pleasure of their acquaintance, they cannot have viewed the volume through the medium, often delusory, of private friendship. Unaware that the practical knowledge of a legal remedy ought only to be found in the dry difficulty of a technical page, I have sometimes quoted or made references to mere curious matter; these quotations and references have not been suffered to stand in the way of requisite information and as to those and several other notes and observations interspersed, I may adopt the sentence to be found in the splendid title-page of "Le Graunde Abridgment, collect par le Judge tres reverend Monsieur Anthony Fitzherbert;" Ne moys reprouve sauns cause car mon entent est de bon amour. To an alphabetical arrangement of legal subjects, strong objections have long ago been made. The * See KING'S BENCH, Court of King's Bench. MISERICORDIA. RIGHT, Writ of Right. TROVER, &c. following vapour against such an arrangement is at least as witty as it is argumentative; it is to be found in an ancient and very scarce tract. "To conclude, "I could heartily wish the whole body of our law "to be rather logically ordered, than by alphabeti"cally breviaries torn and dismembered. If any 66 66 man say, it cannot be, he should adde, by himself: "if hee think it should not bee, then I doe not so "much envy his great wisedom as pitie his rusticall "education, who had rather eate acornes with hogs "then bread with men; and preferreth the loath"some tossing of an A. B. C. Abridgment, before the lightsome perusing of a methodicall coherence of "the whole common law." Lawiers' Logike, 119, b. The oppugner, however, of this form of facilitating the student's labours, gravely illustrates the "Lawiers' Logike," by quotations from Spencer's Shepherd's Calendar, and by a translation into English hexameters of an eclogue of Virgil; it may further be observed, that the alphabetical compilations of Fitzherbert, Brooke, Rolle, Comyns, and other sages of the law, are yet held to add a sterling weight, and even grace and dignity to the profoundest forensic arguments of the present day. |