matter, - and his death, which occurred before the publication was commenced, deprived us of the advantage of a revision by him, of a considerable part of our own labors.

This double loss of two distinguished ornaments of the profession, who had been connected with the present work, left its completion to us. None can regret more sincerely than ourselves, that it had not fallen into abler hands. But having entered upon the work, we have ventured to persevere, though the supports upon which we leaned, have been removed. We have been actuated by the desire of making the treatise, in some remote degree, approach to that excellence, which it most certainly would have attained, had either Judge Howe, or Professor Aslımun, been spared to complete it. We offer it, therefore, to the profession, claiming in its behalf, that indulgence, to which its many disadvantages entitle it.

F. & C. Boston, APRIL, 1834.

29

31

35

ATTORNIES.

Sect. I. Warrant of Attorney,

Sect. II. Disabilities to appear as Attornies,

Sect. III. Authority, Agreements, Admissions, and General Powers

of Attornies,

Sect. IV. Duties and Liabilities of Attornies,

Sect. V. Lien of Attornies,

Sect. VI. Proceedings in case of the Death, Removal, or Change of

Attorney.

37

41

44

47

CHAPTER V.

MODES OF INSTITUTING A Suit.

49
CHAPTER VI.

WRITS. FORMS OF WRITS IN GENERAL.

50

CHAPTER VII.

VARIOUS KINDS OF WRITS.

Sect. I. Original Summons,

Sect. II. Capias,

Sect. III. Capias and Attachment,

Sect. IV. Summons and Attachment,

Sect. V. Trustee Process,

Sect. VI. Review,

Sect. VII. Scire Facias.

Sect. VIII. Writ of Dower,

Sect. IX. Replevin,

Sect. X. De Homine Replegiando,

Sect. XI. Audita Querela,

Sect. XII. Ejectment by Landlord against Tenant,

Sect. XIII. Habeas Corpus,

Sect. XIV. Summons in process against forcible entry and detainer,

Sect. XV. Summons in process for the speedy removal of nuisances,

SECT. XVI. Summons in process to recover damages for flowing lands.

54

55

55

55

58

62

66

67

77

77

79

83

84

36

88

90

91

CHAPTER VIII.

REQUISITES OF A Writ.

Sect. I. The Declaration which a writ must contain,

Sect. Il. Direction of Writs to the Officer,

Sect. III. Date of Writs,

Sect. IV. When Writs must be made returnable,

SECT. V. Where Writs should be made returnable,

Sect. VI. Indorsement of Writs.

92

92

93

98

98

100

105

CHAPTER IX.

COMMENCEMENT OF A Suit.

124

CHAPTER X.

129

.

.

SERVICE OF WRITS.

Sect. I. By whom all Writs must be Served,

Sect. II. Time when Writs must be Served,

Sect. III. Where Writs must be Served,

Sect. IV. Instructions to, and rights and duties of the Officer, as to

the Service of Writs,

Sect. V. How Writs are Seryed.

129

130

133

133

137

CHAPTER XI.

SERVICE OF AN ORIGINAL SUMMONS.

140
CHAPTER XII.

SERVICE OF A CAPIas..

Sect. I. Arrest in General,

Sect. II. Who may be arrested,

Sect. III. How an arrest may be made,

Sect. IV. When an arrest may be made,

Secr. V. Where an arrest may be made,

Sect. VI. Duty of an officer in making an arrest,

Sect. VII. Consequences of mistakes in an arrest.

141

141

142

146

147

149

151

152

CHAPTER XIII.

154

SERVICE OF A CAPIAS AND ATTACHMENT.

Sect. I. Origin of the right of attaching property,

Sect. II. What property may be attached,

Sect. III. What constitutes an Attachment of Real Estate,

Sect. IV. What constitutes an Attachment of Personal Estate.

CHAPTER XIV.

SERVICE OF A SUMMONS AND ATTACHMENT.

178

CHAPTER XV.

Bail.

Sect. I. Object and nature of Bail,

Sect. II. Origin of the right of Bail,

Sect. III. Process of Bail,

Sect. IV. Proceedings and requisites in taking bail in Massachusetts.

181

181

182

183

187

.

CHAPTER XVI.

RETURN OF THE WRIT BY THE OFFICER, with his Doings.

193

CHAPTER XVII.

ENTRY OF Actions.

196

CHAPTER XVIII.

203

261