THE

PRACTICE

OF THE

COURTS OF KING'S BENCH,

AND

COMMON PLEAS,

IN PERSONAL ACTIONS, AND EJECTMENT:

TO WHICH ARE ADDED,

THE LAW AND PRACTICE OF EXTENTS;

AND THE

RULES OF COURT, AND MODERN DECISIONS,

IN THE

EXCHEQUER OF PLEAS.

BY WILLIAM TIDD, ESQ.

IN TWO VOLUMES.

VOL. I.

THIRD AMERICAN, FROM THE NINTH LONDON EDITION.

WITH NOTES OF RECENT ENGLISH STATUTES AND DECISIONS.

BY FRANCIS J. TROUBAT.

PHILADELPHIA:

ROBERT H. SMALL, MINOR STREET.

Entered according to the act of Congress, in the year 1840, by

ROBERT H. SMALL,

In the Clerk's Office of the District Court for the Eastern District of Pennsylvania,

R3F 26 Aug 53

ADVERTISEMENT.

SINCE the publication of the ninth Edition of Mr. Tidd's Practice, in Trinity Term 1828, many important alterations have been made in the Practice of the Superior Courts of Law at Westminster, by various Statutes, Rules of Court, and Judicial decisions. The principal Statutes, by which these alterations were effected, are the Administration of Justice act, (11 Geo. IV. & 1 W. IV. c. 70);" the Speedy Judgment and Execution act, (1 W. IV. c. 7.); the Examination of Witnesses act, (1 W. IV. c. 22.); the Interpleader act, (1 & 2 W. IV. c. 58.); the Uniformity of Process act, (2 W. IV. c. 39.); and the Law Amendment act, (3 & 4 W. IV. c. 42). In pursuance of the power given by the Administration of Justice act, general rules were made by all the Judges, in Trinity term 1831, and Hilary term 1832. The rules of Trinity term chiefly relate to the putting in and justifying of special bail; the shortening of declarations in actions of assumpsit, or debt, on bills of exchange, or promissory notes, and the common counts; the delivery of particulars of the plaintiff's demand, under those counts; the time for delivering declarations de bene esse; the service of declarations in ejectment; the time for pleading; rules to plead several matters; and judgment of non pros, &c. The object and intent of the rules of Hilary Term appear to have been, to assimilate the practice of the different courts, and to render the proceedings therein more expeditious, and less expensive to the suitors.

Under the Law Amendment act, general rules were made by all the judges of the superior courts of common law at Westminster,