time to time occur in the progress of a cause-such as motions, petitions, affidavits, injunctions, ne exeats, receivers, abatement and revivor, &c. It is believed it will be found a great convenience to the practitioner to have all matters of this nature thrown together in one Book, instead of finding them scattered through the whole work. The FOURTH ВооK relates to the different kinds of Bills; the object of which is, without encroaching too much upon the subject of pleading, to describe the peculiar practice incident to each species of bill. The FIFTH BOOK embraces proceedings in special casessuch as suits by judgment creditors; suits relating to mortgages; proceedings by and against infants; proceedings respecting idiots, lunatics and habitual drunkards; bills for divorce; contempts; partition suits; proceedings to prove wills in the court of chancery, &c. The SIXTH Book relates to costs-the most important branch of the whole subject-as it will perhaps be considered. The first three Books are contained in the first volume, and the remainder in the second. The text, or treatise, is followed by a collection of forms. These have been collected from various sources, and have been prepared with great care, and with a view to conciseness. They are arranged in the same manner as the treatise, by Books and Chapters corresponding with those in the body of the work. It will be observed from these remarks, that the plan of the present work is tolerably extensive. Indeed it has been my intention to include in it every species of proceeding, and every point of practice, usually occurring, either in the solicitor's or master's office. Yet it is not supposed that every thing will be found in this treatise which it ought to contain. There is reason to fear that much which deserves a place there will be found to have been omitted. Yet there is perhaps more reason to apprehend censure on account of the imperfections in what is therein contained, than because of the omissions. A copious index is annexed to each volume; and to increase the facilities of reference, still further, each volume contains an analysis, or skeleton, of the several Books, Chapters, and Sections, with the subdivisions of the latter, contained in such volume. I have occasionally availed myself of the labors of my predecessors who have written upon the same subject, so far as the practice laid down by them corresponds with that now prevailing, but no farther. The author whose plan appeared to me the best, and from whom I have derived the greatest assistance, is Mr. Daniell, a recent English writer. He has gone over the whole ground of practice, including pleading and parties, in a very accurate and methodical manner; and as his work embodies all the recent English decisions, it is very valuable ; but it is much too diffuse. I have in general gone to the fountain head-the reports themselves-to ascertain what was the true practice. I have also availed myself of the manuscript decisions of the Chancellor, made from time to time, and not yet reported. The accuracy of the references to decisions of this nature may be relied upon as I have had access to the original drafts of all the opinions delivered by Chancellor Walworth. And I take this method of acknowledging my obligations to his honor the Chancellor, for the interest he has manifested in this work from the commencement, and for the valuable advice and information he has repeatedly given. Books of practice are usually cited merely by the name of the writer, without any addition. The Revised Statutes are cited with reference to the marginal paging in the second edition, and the numbering of the sections in both editions; so that a person possessing either the first or second edition will be able to find the reference. I am aware of many of the imperfections of this work, though perhaps not of all. These will be discovered by the practitioner, from time to time in the course of his practice. And I shall esteem it a particular favor if my professional brethren will point out to me such errors and omissions as they may discover; to the end that they may be corrected or supplied in a second edition, should the favor of the profession enable this work to reach that honor. For an obvious reason, however, I must request that communications of this nature may come to me free of charge. A burden which, divided among many, would scarcely be felt, might be intolerably onerous if imposed upon one only. If the present treatise does not come up to the expectations or wants of the profession, or realize their ideas of what such a book should be, I trust they will at least consider the magnitude of the subject, and reflect upon its complicated difficulties; and that, giving me credit for at least an honest wish. and a laborious endeavor to serve them, they will not condemn the book entirely. I have endeavored to make it in some measure worthy of acceptance by the bar of New-York, and if it shall be so considered, I ask no higher honor. In conclusion, I beg leave to acknowledge my obligations to Julius Rhoades, Esq. of Albany, for his valuable advice and assistance. He has done me the honor to read the whole work in manuscript, and has made many important suggestions, not only by way of correcting errors, but for the purpose of supplying additional matter acquired by him in the course of an extensive practice, a large share of which practice, as is well known, has been in the Court of Chancery. O. L. B. SARATOGA SPRINGS, October 9, 1843. ERRATA. Page 55, line 17 from top, after "has," add "not." 78, line 3 from bottom, after "notice of " add "such of." ! line 4 from bottom, after proceedings" add " as may affect his rights or interests." 205, line 6 from bottom, strike out "costs of exceptions to answer." 405, line 13 from top, strike out "to." 408, note (v), add "399." 421, note (e), after "Ante, p." add "405." |