THE passage of the Evarts Act creating the Circuit Courts of Appeals, which radically changed the jurisdiction and practice affecting appeals and writs of error, and the many recent decisions explaining the right to and practice in removals from the State to the Federal courts, have rendered a second edition necessary. The reception given by the bench and bar to the first edition has encouraged the author to enlarge the scope, and he hopes the usefulness of the book. Many of the original sections have been rewritten, and new sections have been added to the original chapters, including all material statutes and decisions passed or reported before the October term of 1891, and many decisions since that date which have been added while the book was in the press.

New chapters have been added, on Practice in Admiralty, by Charles C. Burlingham, Esq., of the New York bar; Practice in the Court of Private Land Claims, by ex-Judge E. A. Bowers, now of the bar of Washington, D. C.; and Practice in the Court of Claims. The chapters on Jurisdiction, Evidence, Costs, Practice at Common Law, Removal of Causes, and Writs of Error and Appeals, have been entirely rewritten and nearly doubled in size. A large number of forms and rules, and a few recent statutes

have been added to the Appendix. It is hoped that the book will now serve as a full guide to the practitioner in every branch of Federal practice in civil causes.

The author has been greatly aided by the Notes to the Revised Statutes by Messrs. Gould and Tucker, and by the Important Federal Statutes Annotated, by Mr. Russell H. Curtis.

The references to the Statutes are to the first

Supplement to the Revised edition.

NEW YORK, January 11, 1892.

PREFACE TO THE FIRST EDITION.

THE object of this work is to furnish a guide to the whole field of practice in the Federal Courts, except in cases of admiralty, criminal prosecutions, and before the Court of Claims; including references to all the statutes and the principal decisions upon the subject. Greater space has been given to practice in equity on account of its importance and obscurity. The chapter on the practice on Writs of Error and Appeals is not intended as more than a summary which may be of convenience to the practitioner. The practice in the Supreme Court of the United States cannot be adequately described in less than at least one volume. The author has used with great freedom many treatises on chancery pleadings and practice, and collections of annotations upon statutes of the United States. Besides the great work of Lord Redesdale, he is especially indebted for assistance to Daniell's Chancery Practice, with the notes of successive editors, including those of Chancellor Cooper; Bump's annotations of the statutes regulating Federal Procedure; and the manuscript lectures on equity pleading delivered before the Law School of Boston University, by the late Judge Dwight Foster. The citations from Daniell are taken from the second and fifth American editions. The writer is aware that both these editions contain many

rules of modern English chancery practice which are not binding upon the courts of the United States; but he has been careful to exclude all such from this work. The fact that these later editions are more accessible to the profession is his reason for referring to them rather than to the first American edition. He has received great assistance and encouragement from many members of the bench and bar; especially from his teachers, Professor Theodore W. Dwight and ex-Judge John F. Dillon, and from John A. Shields, Esq., the Clerk of the Circuit Court of the United States for the Southern District of New York, who has very kindly examined and approved the chapter on Costs.

He is fully conscious that the book contains many errors and omissions. The pressing need of a treatise upon the subject is his only excuse for the publication of so imperfect a work. And he will welcome any criticism, whether public or private, which will show him how, in a subsequent edition, to make it more useful to the profession.

NEW YORK,

August 31, 1889.