PREFACE. UPWARDS of fourteen years have now elapsed since the publication of the last edition of Mr. Ferguson's valuable work on the Common Law Procedure Acts. During that period numerous cases have been decided both in this country and in England, affecting the practice of the Superior Courts of Common Law, and several important Statutes relating to the same subject have also been enacted. Under these circumstances the editors have considered that a new treatise on the Common Law Procedure Acts would be found to be of use, and they have accordingly prepared the present work. In the preparation of it, they have endeavoured to collect the reported cases bearing upon the several sections of the Acts down to the latest period. They have also added an Appendix containing the General Orders of the Superior Courts, and a collection of Statutes relating to the law of evidence, and to procedure and general matters, which they considered would be serviceable in practice. The Common Law Procedure Act of 1870 will be found in the body of the work, and the several cases relating to the practice under it have been referred to in the notes. In conclusion, the Editors have to acknowledge the assistance they have derived from the text books on various branches of the law, and have also to express their thanks for numerous suggestions communicated to them by several friends during the progress of the work. July, 1871. Action to be commenced by Writ of Summons and Plaint, Form of Plaint and Indorsements thereon, Attorney on demand to declare whether writ issued by his authority, and to Different Causes of Action may be joined, but separate Trials may be ordered, Paying money into Court, Defence not to be objectionable for treating Summons and Plaint as framed in Contract or in tort, |