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REPORTS OF CASES

UPON

APPEALS AND WRITS OF ERROR
Cel Buti bachement

House of Lords,

IN THE

DURING THE FIRST SESSION OF THE FIFTH PARLIAMENT

OF THE UNITED KINGDOM,

53 GEO. III. 1813.

BY P. DOW, Ese.
OF LINCOLN'S INN, BARRISTER AT LAW,

VOL. I.

LONDON:
PRINTED FOR W. CLARKE AND SONS,
LAI BOOKSELLERS, PORTUGAL STREET, LINCOLN'S INN;
R. BALDWIN, PATERNOSTER ROW; W. BLACKWOOD, EDIN-

BURGH ; AND C. P. ARCHER, DUBLIN.

1814.

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PREFACE.

THE importance to the Profession of having regular Reports of the Cases decided in the last resort must be so obvious, and the desideratum which exists in this respect so well known, that it might appear unnecessary to say any thing here by way of notice, were it not for this peculiarity attending the present publication,—that it forms, perhaps, the first instance, as far as concerns the decisions of the House of Lords, in which a detailed view has been attempted to be given of the judicial speeches or observations explaining the grounds and principles upon which these decisions rest. The compilation by Mr. Brown, and the Appendix by Mr. Tomlins, though their utility is universally acknowledged, are unavoidably defective in this most material particular. It is hoped, therefore, that a work in which it is endeavoured to combine that kind of advantage derived from the publications just mentioned, with another essential advantage in which they are necessarily deficient, may be found not altogether without its value.

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not used at all, according to the nature and circumstances of each particular case. Constant attendance during the hearing and decision must afford the conductor of this work an opportunity of abridging where abridgment may appear proper, of supplying important particulars which are, unavoidably, perhaps, sometimes omitted in the printed statements; and, in general, of combining brevity with accuracy, of which it would be unpardonable not in some measure to avail himself. If in the perusal of the collection of cases here submitted to the profession, it should be thought that some of them are given at greater length than their importance required, candour may at the same time suggest, that one has not at first that aptitude in acting upon his own conception of what is right which he acquires in the further prosecution of his object.

It may be proper to observe that, in future, the cases shall be printed in the exact order of their dates ; though, from causes which it is unnecessary to mention, that ahas not been done in the present volume. It is also intended to publish the cases as soon as possible after the period of their decision. The cases which have been decided in the course of the present session will, it is expected, be published before the expiration of the recess.

Hilary Term, 1814.

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Chief Judges of the Courts of original Jurisdiction,

from which Appeals and Writs of Error lay directly to the House of Lords during the Period of these Reports.

ENGLAND. LORD Eldon, Lord Chancellor. LORD ELLENBOROUGH, Lord Chief Justice of the

Court of King's Bench. Rr. Hon. SIR ARCHIBALD MACDONALD, KNT., Lord

Chief Baron of the Court of Exchequer, (succeeded by Sir VICARY GIBBS.)

SCOTLAND.

Rr. Hon. CHARLES HOPE, Lord President of the

Court of Session, President of the First Di

rision.

Rt. Hon. David BOYLĖ, Lord Justice Clerk, Pre.

sident of the Second Division of the Court of

Session. Rt. Hon. Robert Dundas, Lord Chief Baron of

the Court of Exchequer.

IRELAND. LORD MANNERS, Lord Chancellor. Rt. Hon. W. Downes, Lord Chief Justice of the

Court of King's Bench. Rr. Hon. STANDISH O'GRADY, Lord Chief Baron

of the Court of Exchequer.

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