SECOND AMERICAN, FROM THE EIGHTH LONDON EDITION, CORRECTED AND

ENLARGED.

WITH NOTES AND ADDITIONS OF THE RECENT ENGLISH AND SOME AMERICAN

CASES.

BY FRANCIS J. TROUBAT.

PHILADELPHIA:

TOWAR & HOGAN-255, MARKET STREET.

EASTERN DISTRICT OF PENNSYLVANIA, to wit:

BE IT REMEMBERED, That on the twenty-ninth day of August, in the fifty-third year of the Independence of the United States of America, A. D. 1828, TOWAR & HOGAN, of the said District, have deposited in this Office the title of a Book, the right whereof they claim as proprietors, in the words following, to wit:

"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. In Two Volumes. By William Tidd, Esq. of the Inner Temple, Barrister at Law. Second American from the Eighth London Edition, Corrected and Enlarged. With Notes and Additions of the recent English and some American Cases. By Francis J. Troubat."

In conformity to the Act of the Congress of the United States, intituled, "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 the Act entitled "An act supplementary to an act 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 extending the benefits thereof to the Arts of Designing, Engraving, and Etching Historical and other Prints."

THE notes and references added to the present edition of this work, embrace the cases of practice which have been reported in England since its publication there in the year 1824, as contained in the 2d and 3d volumes of Bingham, in the Common Pleas; the 3d, 4th, and 5th, of Barnewall & Creswell, the 4th, 5th, 6th, 7th, and 8th, of Dowling & Ryland, in the King's Bench; and the 2d volume of Carrington & Payne, at Nisi Prius, being eleven volumes of the new Common Law Reports, which had reached this country, whilst this work was in the press. It is believed that every case contained in those Reports appertaining to the subject of this treatise and not decided with reference to merely local statutes or usages in that country, has been quoted in the Notes or the Addenda; if they should appear too few and sparse, it is to be attributed to the paucity of questions in practice applicable to any one of the United States, which in modern times claim the decision of the courts at Westminster. A very few American cases, of general interest throughout the Union, have also been quoted in the Notes, or placed, with appropriate references to the text, in the Addenda. The author's addenda, which consisted of twenty-eight pages of new decisions, have been incorporated into the text of this edition, conformably to his several directions.

Philadelphia, October 10th, 1828.