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THE

PRACTICE

OF THE

COURTS OF KING'S BENCH

AND

COMMON PLEAS,

IN PERSONAL ACTIONS:

TO WHICH ARE ADDED,

THE LAW AND PRACTICE OF EXTENTS;

AND THE

RULES OF COURT, AND MODERN DECISIONS,

IN THE

EXCHEQUER OF PLEAS.

IN TWO VOLUMES.

VOL. I.

THE SEVENTH EDITION:

CORRECTED AND ENLARGED.

BY WILLIAM TIDD, Esq.

OF THE INNER TEMPLE, BARRISTER AT LAW.

LONDON:

PRINTED FOR J. BUTTERWORTH AND SON, AND H. BUTTERWORTH, FLEET-
STREET; AND J. COOKE, ORMOND QUAY, DUBLIN.

1821.

ΤΟ

THE RIGHT HONOURABLE

THOMAS LORD ERSKINE,

&c. &c. &c.

THIS WORK IS DEDICATED;

WITH

THE HIGHEST RESPECT

FOR THOSE GREAT TALENTS,

AND

THAT UNIFORM INTEGRITY OF CONDUCT,

WHICH

SO EMINENTLY DISTINGUISHED HIM

AT THE BAR;

AND

ULTIMATELY RAISED HIM

TO THE

HIGHEST JUDICIAL SITUATION

IN THIS COUNTRY.

PREFACE.

IT is now more than thirty years since the first part of the following work made its appearance; and was received by the profession, in a manner highly flattering to its author. This part contained the whole of the proceedings in personal actions, in the court of King's Bench, previous to the plea; together with all that was peculiar to the proceedings by and against attornies and officers of the court, against peers of the realm and members of the House of commons, upon the writ of habeas corpus, and against prisoners in the actual custody of the sheriff, or marshal, &c. In the second part, which was published in November 1794, the proceedings at large were continued, from the demand of plea, to final judgment and execution; and the third part, which treated of the proceedings in scire facias and error, was published in November 1798.

In the following year, a second edition of the whole work was called for in which some parts of it were considerably enlarged, particularly those which treated of actions and declarations; of the doctrine of arrest; of the proceedings against the sheriff, to compel him to return the writ, and bring in the body; of attornies, and the mode of their ad

* It was published in November 1790.

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