and it is hoped that it may not only assist Students, but also be found useful to Legal Practitioners in every department. One principal novelty in the undertaking is the collection and consideration of all the different precautionary measures to be observed, not only in creating Rights, but in preventing Injuries, and in the suggestion of the steps to be observed by all members of society, as well to prevent risk or loss, and preserve a right, or secure a defence. Several distinct chapters are therefore devoted to those important subjects; and as most of the Books of Practice hitherto published are confined to the proceedings of a particular court or courts, without giving a comparative view of the Jurisdiction and Practice of others, or suggesting which of several Remedies may be preferable, it has been the object of the Author to endeavour, in the following pages, to supply those obvious defects.

February 25, 1833.

PREFACE.

I HAVE attempted in the following work to give a concise but practical view of the principal legal and equitable rights of individuals; of the injuries and offences affecting the same; and the best remedies and punishments for such injuries, whether by acts of the parties themselves, or by the intervention of legal proceedings; and as well to prevent or remove the injury as to enforce specific relief, or performance, or compensation, or punishment; and as each proceeding has been improved by recent enactments, rules, and decisions. One object has been to assist Students by affording them a compact view of the present law nearly in the same. arrangement as adopted by Blackstone, and so as to form a practical continuation of that admirable work. But the chief object has been to assist Practitioners in every branch of the law, so that every individual, although practising principally in one department or in a particular court, may be enabled at once to observe

the general rules and practice affecting the whole, and thereby be enabled to suggest to his client the best remedy, though in a different course to that which he has usually adopted.

The principal novelty in this undertaking will be found in the practical suggestions interspersed relative to the improvements to be introduced in creating, perfecting, transferring, and securing rights, and in the precautionary measures to be observed as well antecedent to as pending litigation, and in the choice of the best of several remedies,-matters which will be found most essentially to influence the result. In the early part of the work I have considered the maxim, “Laws for prevention of injuries are preferable to those for punishment, or even compensation," as a text well worthy of examination, comment, and arrangement; and from the very able and admirable work of Sir E. B. Sugden, respecting Vendors and Purchasers, (a) I have derived most valuable suggestions upon the great importance of precautionary measures in general, and have arranged a class of rules calculated to assist in most of the difficult or ordinary transactions of life, so as to place the party observing them on the 'vantage ground in case of subsequent litigation. The mode in which I have treated the subject may perhaps be considered by some as tending to diminish litigation. But if it were so, I can anticipate that the work would be the more acceptable to the practitioners of a high and honourable profession. The observance of the rules will, however, rather affect the manner of litigation than the quantity.

I have throughout the work considered not only

(a) Sugden, Vendors and Purchasers, 8 ed. Introd., and per tot.

injuries and offences to individuals, which are remediable by action or civil remedies, but also all OFFENCES which more particularly affect an individual and his private right, and the appropriate punishments, and when it may be preferable to enforce the latter, than to proceed by action, so that every species of proceeding are submitted for consideration and selection.

The first volume relates principally to matters antecedent to the commencement of any suit. The second volume states in detail the practical modes of conducting every proceeding which can be termed litigation; as before Arbitrators, whether compulsory or voluntary; before Justices of the Peace; in all the Courts of Common Law; in Courts of Equity; in Ecclesiastical and Spiritual Courts; in the Court of Admiralty and Prize Court; and in the Courts of Appeal from each of those tribunals.

In considering the practice of each of these courts I have attempted to follow the same scientific and admirable plans adopted by Mr. Tidd, as regards Courts of Law, and some others, as respects other courts, in their very valuable works; and every modern rule of court and decision will be found incorporated.

I beg, as an instance, attention to the head Brief in particular. I have there attempted to suggest, (it is hoped usefully,) some rules to be observed in preparing the same and the evidence, and the different parts of the Brief, as well at law as in equity, so as most advantageously to try an action at law or obtain a hearing in equity. Some forms, not previously in print, will be found interspersed, so as to elucidate or assist on emergencies.

An Analytical Table of rights, injuries, and remedies, precedes the first chapter of the first volume, and in which I have attempted to show the injuries which

usually affect each right, and the several remedies for each, whether for prevention, compensation, or punishment; and the subscribed notes will show the authorities in proof of each position. Parties themselves and their professional advisers will thereby at one view perceive the different remedies afforded in each case, and be enabled, by very little further inquiry and consideration, to adopt the best.

The first chapter of this part is introductory, and not so immediately practical as the following; but I have considered it important for the student, as for all practitioners, to state the general rules affecting all rights, injuries, and remedies, whether public or private, with some principal rules for the selection of the best of several remedies.

At the head of each subsequent chapter will be found an analysis of its contents, and in general referring to each page of the work where the subject is discussed.

The second chapter relates to rights affecting the Person, whether absolute or relative, and the injuries and offences and remedies and punishments affecting or applicable to the same.

The third chapter relates to Rights to Personal Property, and the injuries, offences, and remedies and punishments affecting or applicable to the same.

The fourth chapter relates to Real Property, whether corporeal or incorporeal, and Chattels Real, and the rights, injuries, offences, and remedies and punishments relating to the same. To this chapter in particular I invite attention, as an attempt to compress and take a practical view of the law upon the subject, and which may, it is hoped, assist as a collection of most of the modern rules and decisions on the subject. An attempt has also been made to arrange all the recent enactments and decisions relating to malicious and other