PREFACE TO THIRD EDITION In his preface to the first edition of this work Mr. Wait said: "When a new work is offered to the public, and, especially, when there are several existing works upon the subject, it is expected that the author will state the reasons which induced the publication, and that he will give an outline of its plan and character." With the great increase in books of every character that are now offered the lawyer, this is more than ever necessary to-day. There are two compelling reasons for this new edition of Wait's Practice. The first is that, owing to the great demand for it, the second edition has been entirely exhausted. More important even than this is the other; the changes made in the practice in the courts of this State by recent enactments of the Legislature. At its 1920 session, the Code of Civil Procedure in force since 1876 was repealed this now to take effect October 1st, 1921. In its place have been substituted a Civil Practice Act, a Justice Court Act, a Surrogate's Court Act, a Court of Claims Act, and a New York City Court Act. Also many of the Code provisions have been transferred to the consolidated laws. In addition to this Rules of Civil Practice are provided for, much more extensive than the former General Rules of Practice, containing not only those provisions but having incorporated in them many of the sections of the Code. While in general, procedure under the Civil Practice Act will remain very largely as it was under the Code, still many important changes have been made and some provisions new in this State have been inserted, these taken mostly from the English Practice Act. Until, therefore, the new practice acts are understood, confusion is bound to result. It is to assist the busy practitioner in quickly acquiring a knowledge of practice as it will be after these new acts take effect that this revision is being made. At the outset let it be said that while, at the time this work is being done, practice in the courts of this State is still regulated by the Code of Civil Procedure, no attention will be paid to it, except so far as it is necessary to show the changes that have been made. It is with the new practice with which this revision will deal, not the old. In the former editions, the general scheme was to begin the consideration of the questions of practice at the point where the client first states his case to the attorney. The subject was then followed along the various steps that might be necessary to secure that client his rights. The present edition will follow this same plan. The entire work will be brought down to date. In order that the practitioner may easily and quickly connect up practice under the Code of Civil Procedure |