PREFACE. The present volume embraces the practice which falls more within the province of the solicitor than that of the counsel. The original plan of the writer was to divide his work into three parts, containing, 1. Theory of the Practice; 2. Practice; 3. Forms; and to preserve the same chapters and sections throughout, so that the analysis of one part would be that of the whole. This simple arrangement would, while it kept the departments of counsel, solicitor, and clerk, distinct, render access to the theory, practice and form perfectly easy, and free the book of the incumbrance and confusion of mingled subjects. The plan will be followed in the next volume, which will contain forms, references to forms and authorities, explanatory notes, and practical directions, with an additional chapter of directions for conducting the prosecution and defence of particular suits, in reference principally to the matter contained in both volumes. The theory of the practice may, at mature leisure, be ultimately superadded upon the same plan. The powers and jurisdiction of the court, the foundation of remedies, the doctrine of pleadings and evidence, and many subjects of minor consideration, which in the present volume have been slightly treated, will then he enlarged upon, and constitute probably a useful manual of reference for the counsellor as well as the solicitor. The plan upon which the subject has been drawn out is sufficiently developed in the subjoined analysis, and will, it is hoped, upon thorough examination, be approved by the practitioner. It is an attempt, at least, to reduce the subject to a system-to exhibit a chain of connection throughout, rendering matters which had been usually thrown at the end of books immediately subservient to the regular commencement of suits, and presenting the progressive stages of proceeding in their natural order. The manner in which the plan has been executed is now submitted in the present portion of the work. It does not comprehend all that might have been said. A considerable portion of the practice, particularly in relation to the subjects of the concluding chapters is reserved for the second volume, where a clearer view of certain proceedings may be taken in connexion with the forms themselves. The second volume, therefore, will not only supply what has been omitted in the first, but correct any errors which upon a careful examination of the first previously to the publication of the second, may be detected. I cannot permit this opportunity to pass without expressing the deep obligation I feel to his honour the Chancellor for the favourable opinion which he has been pleased to express of my labours in this undertaking, and for the valuable forms which he has given to me, and which will be incorporated into the second volume. Nor can I deny myself the pleasure of acknowledging the favour I have received from George W. Strong, Esq. This eminent practitioner, amid the incessant duties of his profession, has spared time to listen to a considerable portion of the manuscript before it went to the press; and I am indebted to him for several important corrections of the original matter. New-York, October, 1829. The English authorities of recent publication have been generally cited at length, viz. Bligh's New (Parliamentary Rep. (Lond. 1829.) Simon's Reports, (1829.) Jacob Chy. Rep. (1828.) Younge and Jervis' (Exch.) Rep. (1828-9.) The following also are referred to: M'Cleland and Younge's(Exch.) Rep. M'Cleland's (Exch.)Rep. Daniell's Rep. Glyn and Jamieson's Cases in Bankruptcy. Wilson's Chancery Rep. Turner and Russell's Chancery Rep. Simons and Stuart's Chancery Rep. (Sim. & Stu.) Other authorities cited will generally be recognized as, Vesey and Beames, (Ves. & B.) Jacob and Walker, (Jac. & Walk.) Maddock's Reports, (Mad.) Merivale's Rep. (Meriv.) Price's Reports, (Equity side of the Exch.) Peere Williams, (P. W.) Atkins. (Atk.) Vesey and Vesey junior, (Ves.) (Ves. jr.) Schoales and Lefroy, (Sch. & Lef.) The Revised Statutes are cited by the letters (R. S.) The new rules of court by the letter (R.) Johnson's Reports, by (J.) Johnson's Chancery Reports, (J. Ch) Caine's Cases in Error, by (C. C. in E.) Hopkins' Reports, (Hopk.) Wendell's Reports, (Wend.) Cowen's Reports, (Cowen.) Paige's Chancery Reports, (Paige) ANALYSIS AND CONTENTS. The work presents three divisions, arranged into chap- I. Preliminary Views and Proceedings-CHAP I. II. Original Petitions-CHAP. V. I. PRELIMINARY VIEWS AND PROCEEDINGS :- (1. The court and its officers, ch. 1. § 1-19. 1. Territorial limits and local circuits, 1.2. 2. Powers of the court vested in the chan- cellor; concurrent powers and peculiar 1. Chancellor and eight vice chancel- 2. Register, assist. reg. and clks. § 12. 3. Masters and examiners, § 13. 2. Petitions and Bills, or the general theory of |