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THIS Tenth Volume comprehends and closes the different Heads of pleading and practice of which I originally ventured to give the outline, and it seems necessary to open a more explicit view of the contents of the whole by way of general Direction, to make them plain and ufeful to the Practitioner...?
It will be sufficient to apprize the Student that I have entirely thrown out the old antiquated Heads farther than they are now in practical use, as ANNUITY, Proceedings in AUDITA QUERELA, and others (for it might seem by the Preface to my first Volume I meant to include the former Head, with other old Proceedings, which I since thought better not to do, to the exclusion of more useful matter); and that there is a flight disarrangement in this Volume, namely, in ERROR, which ought firictly to follow cvery other head. My reason for it is, that I had completed it after the perfonal Actions, before mixed and real actions; and it was convenient to me, to prevent stopping the press. Having then in the preceding nine Volumes disposed of perfonal Actions, and in this Volume Proceedings in ERROR ; the MIXED Actions are EJECTMENT and QUARE IMPEDIT: in -the former I give but few Forms, because of Mr. Sergeant Runnington's very excellent book on that head, containing most correct and
valuable Precedents ; in the latter they are sufficiently
The PRACTICAL Forms, or PARTES PLACITANDI
(v) plan, which I can venture with confidence to affure the Student he will find more and more easy, and justify my conjecture above, that the Gentleman's Book to which I allude may be made useful to my own.
Under the Head of PRACTICAL FORMS will be found all the Forms that may be reducible to small diftinct Heads, and among them the Forms, particularly of PARTĖS PiacITAndi in the Index to FORMS, alphabetically disposed; so that by adverting to the part, such as Oyer, Retraxit, Cesset Executio (I instance these because they are Parts of the Record not connected), or any other, will be distinctly pointed out, with reference to the Page and the Part of Pleading. If, therefore, the Body of PRACTICAL Forms are resolvable into these Heads, and the Partes Placitandi, or Forms, are arranged so as to give instantaneous Reference to it, it will follow, that, confidering the Forms in their commencement, in the intermediate, and final Stage of a Suit, will considerably affift the Practitioner. This I have also attempted, and, to my own mind, find it clear of all objection or difficulty ; yet with proper deference to an enlightened and Icarned Profession.
In the Reference to the modern Books of Practice I have limited myself to one of the most useful of them in tbe King's Bench ; for as all these Books are considered more for their use (in the history of running about to the different offices), than their au bority, (unless it be the Practice of B. R. by Mr. Tidd, which may be called the Polar Star of the Practitioner in that Court), and the proceedings in the two courts vary fo little,