« ForrigeFortsett »
-DE IT REMEMBERED, that on the twenty-second day of January, in the twenty-ninth year of the Independence of the United States of America, Barnard B. Macandltt, of the said District, bath deposited in this office the title of a Book, the right whetcof be claims as Proprietor, in the words following, to wit:—" A Selection of Pleadings in Civil Actions, subsequent to the Declaration. With occasional Annotations on (he Law of Pleading. By Joseth Stort."
In Conformity to the Act of the Congress of the United States, entitled, *' An Act for the Encouragement of Learning, by securing the Copies of Maps, Charts, and Books, to the Authors and Proprietors of such Copies,. during the Times therein mentioned;" and also to an Act, entitled, "An Act supplementary to an Act, entitled. An Act for the Encouragement »f Learning, by securing the Copies of Maps, Charts, and Books, to the Authors and Proprietors of such Copies, during the Times therein mentioned; and extending the Benefits thereof to the Arts of Designing, Engraving, and Etching, Historical and other Prints."
THE design of the following selection is to facilitate to the American student the practice of special pleading. A variety of English books on this subject are at once elaborate and learned. Yet such is the difference of our custom^ statutes, and common law, that they will be found, in many instances, inadequate to supply the necessities of our own juridical practice. The compilations of Rajlall, Coie, Thompson, Heme, and Bronvnlow, however valuable for the conciseness and precision of their forms, are profuse in ancient lore, applicable to special jurisdictions, or obsolete with feudal doctrines; and those of Mallory, Lilly, Morgan, and Wentivorth, though highly useful, abound with matter calculated only for an English forum. These considerations, added to the high price of foreign books, suggested the present compilation.
In the arrangement of the pleadings method has been pursued, so far as it was deemed advantageous for facility of reference; but as portions only of the pleadings are occasionally selected,* where the whole seemed unnecessary, and the choice of position was not always dictated by any relation between them, exactitude in this respect has not been always practicable. Annexed to many of the pleadings will be found annotations immediately referable to them; and sometimes occasional dissertations upon contested points. These last, however, are few; and are submitted with deference to the profession. Volumes might be written on the law, which bears on pleading; but the
* This is chiefly done in actions, where one general plea admitted of various replications and rejoinders; as in the pleas of Limitations in ACunipsit, and plea os General Performance in Debt on Bond lo atcounl. In these cases it was deemed unnecessary to select more than the replications and rejoinders; and sometimes the latter only.