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Diffria of Massachusetts, to wit. Be IT REMEMBERED, that on the ewenty-second day of January, in the twenty-ninth year of the Independence of the United States of Amer. ica, BARNARD B. MACANULTY, of the said District, hath deposited in this office the title of a Book, the right whereof he claims as Proprietor, in the words following, to wit :-“A Selection of Pleadings in Civil Actions, sub. sequent to the Declaration. With occasional Annotations on the Law of Plcading. By Joseph STORY.”
In Conformity to the A& of the Congress of the United States, entitled, “ An Act for the Encouragement of Learning, by securing the Copies of Maps, Charts, and Books, to the Authors and Proprietors of such Copies, during the Times therein mentioned ;" and also to an Act, entitled, “ An A& supplementary to an Ad, entitled, An AA for the Encouragement of Learning, by securing the Copies of Maps, Charts, and Books, to the Authors and Proprietors of such Copies, during the 'Times therein mentioned; and extending the Benefits thereof to the Arts of Designing, Engraving, and Etching, Historical and other Prints."
N. GOODALE, Clerk of tbe Diftriat of Malachusetts, A true Copy of Record. Attest :
N. GOODALE, Clark.
P R E F A C E.
The design of the following selection is to facilitate to the American student the practice of special pleading. A variety of English books on this subject are at once elaborate and learned. Yet fuch is the difference of our customs, statutes, and common law, that they will be found, in many instances, inadequate to supply the necessities of our own juridical practice. The compilations of Raftall, Coke, Thompson, Herne, and Brownlow, however valuable for the conciseness and precision of their forms, are profuse in ancient lore, applicable to special jurisdictions, or obsolete with feudal doctrines; and those of Mallory, Lilly, Morgan, and Wentworth, though highly useful, abound with matter calculated only for an English forum. These confiderations, added to the high price of foreign books, suggested the present compilation.
In the arrangement of the pleadings method has been pursued, so far as it was deemed advantageous for facility of reference ; but as portions only of the pleadings are occasionally selected,* where the whole seemed unnecessary, and the choice of position was not always dictated by any relation between them, exactitude in this respect has not been always practicable. Annexed to many of the pleadings will be found annotations immediately referable to them; and sometimes occafional differtations upon contested points. These laft, however, are few; and are submitted with deference to the profession. Volumes might be written on the law, which bears on pleading ; but the
* This is chiefly done in actions, where one general plea admitted of various replications and rejoinders ; as in the pleas of Limitations in Assumpsit
, and plea of General Performance in Debt on Bond to account. In these cases it was deemed unnecessary to select more than the replications and rejoinders; and fonctimes the latter only.