THIS Tenth Volume comprehends and clofes the

different Heads of pleading and practice of which I originally ventured to give the outline, and it feems neceffary 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 fufficient to apprize the Student that I have entirely thrown out the old antiquated Heads farther than they are now in practical ufe, 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 fince thought better not to do, to the exclufion of more useful matter); and that there is a flight difarrangement in this Volume, namely, in ERROR, which ought ftrictly to follow every other head. My reafon 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 ftopping the prefs. Having then in the preceding nine Volumes difpofed 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, becaufe of Mr. Serjeant Runnington's very excellent book on that head, containing moft correct and valuable

a 2

valuable Precedents; in the latter they are fufficiently

varied for all the common cafes that happen, with a

most ample INDEX, after great labour and difficulty

in the execution of it. Then follow REAL Actions,

the INDEX, fuch of my own Precedents, and the dif

tribution of them in their order, will be found under

the Head ACTIONS REAL in the GENERAL INDEX.

The modern References follow their different Heads,

and the more ancient would have swelled my Work to

a greater extent than I at first proposed to myself; or

could I be perfuaded they can be found at this day of

much ufe to the Profeffion.

The

The PRACTICAL FORMS, or PARTES PLACITANDI
(of the Record), is a part of the Work that I confefs
has been more troublesome, as it is my anxious with
to give it a clearnefs, that the Student might not be at
a lofs to find any Form, Writ, or Part of the Record,
in any Action; and the Mode I have attempted will
fhew my folicitude in a circumftance that at first
almoft deterred me from the attempt; but after con-
fideration I have led myfelf to believe will be highly
favourable and auxiliary to my own Volumes.
Public are already in poffeffion of Mr. Tidd's Practice
of the Court of King's Bench, and that it is his intention
to give an Appendix of Forms, from the Commence--
ment to the End of a Suit. The luminous Method

of his Book immediately fuggests the order in which

the Forms and Parts of the Record ftand, and may

be easily given; but I was afraid to interfere with his

work in a Plagarifm fo palpable, especially much in-

debted as I am for his free communications; and also

in fome fort as an Encourager of this Undertaking,

it determined me therefore to adopt the following

Plan,

Plan, which I can venture with confidence to affure
the Student he will find more and more easy, and
juftify 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 fmall dif-
tinct Heads, and among them the Forms, particularly
of PARTES PLACITANDI in the INDEX to FORMS,
alphabetically difpofed; fo that by adverting to the
part, fuch as Oyer, Retraxit, Ceffet Executio (I in-
ftance these because they are Parts of the Record not
connected), or any other, will be diftinctly pointed
out, with reference to the Page and the Part of
Pleading. If, therefore, the Body
If, therefore, the Body of PRACTICAL
FORMS are refolvable into thefe Heads, and the Partes
Placitandi, or Forms, are arranged fo as to give inftan-
taneous Reference to it, it will follow, that, confider-
ing the Forms in their Commencement, in the interme-
diate, and final Stage of a Suit, will confiderably affist
the Practitioner. This I have alfo attempted, and,
to my own mind, find it clear of all objection or
difficulty; yet with proper
deference to an enlightened

and learned Profeffion.

In the Reference to the modern Books of Practice
I have limited myself to one of the most useful of them
in the King's Bench; for as all thefe Books are confidered
more for their ufe (in the hiftory of running about to
the different offices), than their authority, (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,
except