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OF

CASES

ARGUED AND DETERMINED

IN THE

SUPREME COURT OF THAT STATE.

BY GEORGE CAINES,

COUNSELLOR AT LAW AND REPORTER TU zur STATE.

VOL. I.

NEW-YORK:

PRINTED FOR ISAAC RILEY & CO. NO. 1, CITY-HOTEL.

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District of RE IT REMEMBERED, That on the fourteenth day of New-York, S" D November, in the twenty-ninth year of the Independence of the United States of America, GEORGE Caines, of the said District, hath deposited in this Office, the Title of a Book, the right whereof he claims as author, in the words following, to wit :

“ New-York Term Reports of Cases argued and determined in the Su. .“ preme Court of that State. By GEORGE CAINES, Counsellor at Law, and

« Reporter to the State. Vol. I."

IN CONFORMITY to the Act 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.”

EDWARD DUNSCOMB,
November 14, 1804.

Clerk of the District of New York.

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|N a jurisprudence where the judgments of the past are to regulate those of future times;— where that which has been, is to form the rule of that which is to be,—the utility and importance of transmitting, to those who are yet to come, the decifions of our days, to be acknowledged, need only be named. The inconveniences refulting from the want of a connected fyitem of judicial reports, have been experienced and lamented by every member of that profeffion for whose use the following sheets are peculiarly defigned. The determinations of the court have been with difficulty extended beyond the circle of those immediately concerned in the fuits in which they were pronounced; points adjudged have been often forgotten, and infiances might be adduced where those solemnly established, have,even by the bench, been treated As new. If this can happen to those before whom every subject of debate is neceffarily agitated and determined, what must be the state of the lawyer,whose sole information arises from his own practice, or the hearsay of others? Formed on books, the doctrines of which have

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in many respects been wisely overruled, he must have frequently counselled without advice, and acted without a guide. To alleviate these embarraffments, and diffeninate that which it concerns all to know, the following Reports have been undertaken. Their continuance will be regular by quarter-annually publishing in each vacation the decifions of the last preceding term.

The reporter would ill deserve the favours he has received, did he npt in the fulleft manner avow their extent. Their Honors on the bench, with a kindness and warmth of encouragement, for which far more is felt than it is . poffible to express, have unrefervedly given their written opinions, and the whole bar has frankly and generously afforded their cases and every other communication, that was wifhed or defired. To these aids the clerk of the court has added an unlimited recurrence to the papers and pleadings his office contains.

From this enumeration of affistances it will appear, that the reporter’s exertions have been reduced to little more than arranging the materials received, and giving, in a fummary manner, the arguments adduced. In ftating these it has been neceffary to condenfe; to £horten but not to deviate from the path, counfel have been pleased to elect. So little has this

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been done, that in fome instances, it has been thought right to tread in their steps, and the very words have been adhered to, because they have been confidered as mirrors reflecting the cafe, without which it would often be impoffible to behold it in the light represented to the bench. To omit altogether what the advocate has urged, and specify his points alone, has more than once been fuggested; but believing the reasonings of the barrister to form the link which connects the cafe with the decifion, it was thought impoffible, without in fome degree preferving the language of the pleader, to do justice to either. Notwithstanding every endeavour to render this, it must be confeffed that it has not always been accomplifhed; and the eloquent in the law will often have to regret the inadequacy of their reporter. For this their forgiveness is entreated: the fault is not in the man, but the nature of the thing. Where is the original that in the copy has not lost fire and colour? With this apology the reporter takes his leave of a bar to whom he is in every fense of the word, truly obliged.

GEORGE CAINES.

NEw-York, February, 1804.

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