то

THE RIGHT HONOURABLE

ALEXANDER LORD LOUGHBOROUGH,

LORD CHIEF JUSTICE OF HIS

MAJESTY'S COURT OF
COMMON PLEAS,

THE FOLLOWING WORK

I S

(BY HIS PERMISSION)

MOST RESPECTFULLY INSCRIBED,

BY

HIS MOST OBEDIENT, AND

OBLIGED HUMBLE SERVANT,

THE AUTHOR.

PREFACE.

T is now four years fince the fecond Edi

IT

tion of the following Work made its appearance, and was received by the Profeffion, with the most flattering marks of their approbation. In the course of that period, the Author employed much time and attention, in rendering it ftill more worthy the reception it has met with.-The work has undergone a thorough revision: fome paffages that were exceptionable, have been rectified; and others that were doubtful, explained. The references in particular have been carefully examined; and, befides correcting fuch as were inaccurate, he has given the names of all the cafes referred to, from the different reporters, and continued down the adjudications of the court to the end of the laft term.

Nor

Nor is this all. It appeared that several new heads or titles were yet wanting; and particularly as to the proceedings by original quare claufum fregit, and in replevin, the mode of proceeding to trial by provifo, and instruction for preparing the brief, and arranging the evidence at nifi prius.-These he has added in the prefent edition; together with a great variety of useful notes and obfervations.

There is one cafe from the laft number of the Term Reports, which the Author had not an opportunity of introducing in the body of the work; and therefore it will be proper to infert it here. The plaintiff was nonfuited, and after taxation of the costs, de-. fendant was ferved with an allowance of a writ of error. Notwithstanding which, a fi. fa. was levied; motion to fet it afide, and that the goods might be reftored to the plaintiff.-On fhewing caufe, the court faid, that they would in no case stay proceedings, or set aside an execution, on account of a writ of error being brought on a judgment of nonfuit, which evidently muft be for the purpose of delay and vexation. Rule difch. Box v. Bennet. H. Blacks. Rep. 432.

The

The Author cannot conclude without returning thanks to the Prothonotaries, Secondaries, Mers. Wells, Sherwood, and Evans, for much ufeful information which he has derived from them, and for the very liberal manner in which it was communicated.