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NEW-YORK:
PRINTED FOR ISAAC RILEY to" CO. JVO. 1, CITY-HOTEL.

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District of ) M> T>E IT REMEMBERED, That on the fourteenth day of New-York, 5 "-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 Lata, 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 DUNSCOMD,

November 14, 1804. Clerk of the District of New jjrfrk.

PREFACE.

IN a jurifprudence where the judgments of the pafl are to regulate thole of future times ;— where that which has been, is to form the rule of that which. is to be,—the utility and importance of tranfmitting, to thofe who are yet to come, the decifions of our days, to be acJcnowledged, need only be named. The inconveniences refulting from the want of a connected fyflem of judicial reports, have been experienced ai\d lamented by every member of that profeflion for vrhofe ufe the following meets are peculiarly defigned. The determinations of the court have been with difficulty extended beyond the circle of thofe immediately concerned in the fuits in which they were pronounced; points adjudged have been often forgotten, and inftances might be adduced where thofe folemnly cflablifhed, have,even by the bench,been treated -as new. If this can happen to thofe before whom every fubject of debate is neceflarily agitated and determined, what mufl be the ftate of the lawyer, whofe fole information arifesfrom his own practice, or the hearfay of others? .Formed on books, the doctrines of which have in many refpects been wifely overruled, he muft have frequently counfelled without advice, and acled without a guide. To alleviate thefe embarraflments, and diffeminate that which it concerns all to know, the following Reports have been undertaken. Their continuance will be regular by quarter-annually publifhing in each vacation the decifions of the laft preceding term.

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

From this enumeration of afliftances 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 dating thefe it has been neceflary to condenfe; to Ihorten but not to deviate from the path, counfel have been pleaTed to ele<5t. So little has this been done, that in fome inftances, it has been thought right to tread in their fteps, and the very words have been adhered to, beCaufe they have been confidered as mirrors reflecting the cafe without which it would often be impoffible to behold it in the light reprefented to the bench. To omit altogether what the advocate has urged, and fpecify his points alone, has more than once been fuggefted; but believing the reafonings of the barrifter to form the link which conneds the cafe with the decifion, it was thought impoffible, without in fome decree preferving the language of the pleader, to do iuftice to either. Notwithftanding every endeavour to render this, it muft be confeffed that it has not always been accomplifhed j and the eloo^nt in the law will often have to regret the inadequacy of their reporter. For this their forgivenefs 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 loft fire and colour? With this apology the reporter takes his leave of a bar to whom he is in every fenfe of the word, truly obliged.

GEORGE CAINES.

New-york, February, 1804.

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