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PREFACE

TO

THE FIRST EDITION.

To begin, where so many examples teach us rather to end ; to submit the carly labours of youth to a tribunal, from which some of the highest judicial characters have withheld the fruits of their experience, certainly appears to border upon imprudence, not to say, upon arrogance.

SenGble of the truth of this observation, it is with the utmost diffidence that I presume to lay the following Work before the profession: conscious that it can deserve little praise, and barely indulging a hope, thap the anxiety I have felt in compiling it, may not be justified by an unfavourable reception, both by the bench and bar. If I have ever Battered myself with more than this, it has been from the encouragement of those who first emboldened me to attempt fo arduous an undertaking, and whose countenance has since induced me to perfevere.

Before I proceed to state the plan I have pursued, it is but gratitude to the memory of the late Sir James Burrow, as well as a gratification to my own feelings, to acknowledge how much I am indebted to him for the perusal of his

papers, which, without any previous acquaintance, he offered, in the most obliging manner, to my use.

It is next to impossible, where there is a diversity of opinions, to fix upon any plan that will be entirely free from objection : And there is, perhaps, no subject about which the profession differ more, than the proper method

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of reporting. It is almost of necessity therefore, that every one who engages in this species of publication, is left to his own choice. My great object has been, not to swell the work by unnecessary length of pleading, or by a detail of the arguments delivered by counsel on each side: But to state the former as concisely, and to give the scope of the latter (one or two instances excepted), in as comprehensive a manner, as the nature and importance of the subject would admit. Every omission, therefore, must be laid to my charge alone ; whilft, on the other hand, it would be more than presumption in mo to suppose that any arrangement I have made of the subject matter, can do justice to the ingenuity and ability of those who furnished it.

With respect to the judgment of the Court, I have endeavoured to be as faithful, accurate, and full, as the allistance of short hand, and the most earnest attention, could enable me to be. I would by no means, however, be understood to profess, that I have given more than the substance of what fell from the bench. If I have in any degree succeeded in doing that, so as not to incur their censure, I shall be more than recompensed for the toil and anxiety necessarily attendant on such an undertaking.

In a compilation of this fort, in which a variety of legal topics have been nicely discriminated, and copiously discuffed, it is impossible but that some mistakes must occur to attentive and judicious observation: Yet, I trust such errors will be found to be trivial, or, at least will appear fo to the candour and liberality of the profeffion, if the work should be thought to deserve a general character of authenticity.

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A

Page Batten, Doe ex dim. Cheney v. 243 A BBOT, Gribble v. 72 Bayle, Vayle v.

294 Reeves v. 832 Baylis v. Lucas

112 Adams v. Adams et al. 651 Beach, Rex. v.

229 Adney, Ex parte 460 Bell v. Statham

40 Aldridge, Hart v. 54 Berkeley, Brown v.

281 Allot, Wilkinson, qui tam, v. 366.

, Petyt v.

510 429 Bexwell v. Christie

395 Alexander v. Vaughan 398 Binstead et al., Burgesses of PortAndrews, Doe ex dim. Jupp v. 845 mouth, Rex v.

75 Anonymous 128 Bird, Kent v.

583

Bishop of Winton, St. John v. 94 Archbishop of Canterbury v. House Blackett, Roe ex dim. Bowes, v. 140

235 Archer, Blatch v. 63 Blakey v. Dinsdale

661 Atcheson v. Everitt

382 Blandford et al., executors, v. Foot Atkyns v. Atkyns 808

72, 138 Atkyns et uxor v. Hill 284

Griffin v.

62 Doe ex dim. v. Horde 689 Blatch v. Archer

63 Avery v. Hoole 825 Blight, Loveacres ex dim Mudge v.

352 B Blount, Foone v.

464 Bach v. Longman 623 Boldero v. Gray

769 Badkin v. Powell et al. 476 Bologne v. Vautrin

828 Bailey, Goodtitle ex dim. Edwards, Bond v. Nutt

601 597 Bonner, Foster v.

454 Balderston, Den ex dim. Balderiton Booth, Cooke v.

819 257 Boutflower v. Coates

25 Bald win v. Karyer 309 Bower, Rex v.

323 Balme et al., Rex v. 648 Brooke, Jestons v.

793 Bankes, Pattison v.

540 Broofbank, Whitbread v. 66 Barlow, Golding, qui tam, v. 24 Brough, Ridout et al., aflignees, v. Barnard, Denn ex dim. Tarzwell v.

133 595 Brounsall, ex parte

829 Bartrum, Pierce v. 209 Brown v. Berkeley

281 Bate, Knight v.

Richards, qui tam, v. 770
A3

Browning

738

15

Caton v.

Page

Page
Browning v. Morris
790 Cox, Marder v.

127
Bruckshaw v. Hopkins
409 Crepps v. Durden at al.

640
Bucknell, Weakly ex dim. Yea v. Croke, Rex v.

26
473 Crowle, executor, Goodwin v. 357
Buller u. Harrison

565
Bunniss et al., Schuldham v. 192

D
Burdett, Nuncomar v.
158 Dacosta v. Jones

729
Burtenshaw v. Gilbert

49 Darlington (Earl of) v. Pulteney
Burtenshaw, Gilbert v.
230

260
Burton v. Burton

271 Davids, Goodright ex dim. Walter,
330

803
Butler v. Cooke
70 Davy, Doe ex dim. Pate v.

158
Butterley et al., Harris v.

483 Den, ex dim. Balderston v. Bald-
erston

257
C

Tarzwell v. Barnard 595
Cadel, Mace v.

232

Gafskin v. Gafkin 657
Cadogan v. Kennett

432

Gearing v, Shenton 410
Cameron et al. v. Reynolds
403 De Silva, Smith vi

409
Campbell v. Hall
204 Dinsdale, Blakey v.

661
Carlisle, qui tam, v. Trears 671 Doeex dim. Atkins v. Horde 689
Carter (Sir John), Rex v.

58

Bayntun v. Watton 189
Rex

220
Cheny v. Batten

243
Caton v. Burton

330

Davis v. Saunders 420
Cator, Hare v.

766

Filhar et al. v.Proffer 217
Chamberlain v. Songhurst

365

Foster v. Williams 621
Chambers, Willett v.

814

Hanson v. Fyldes 833
Chandos (Duke of), Freeman v.360.

Jupp v. Andrews
363
Pate v. Davy

158
Chapman ex
dim. Staverton v.

Rogers v. Mears

129
Emery

278

Watson v. Routledge-705
Charter v. Jacques et al. 529 Drinkwater et al., allignees of
Cholsey (Benjamin), Rex v.

726 Dowding, v. Goodwin 257
Christie, Bexwell v.

395 Driver ex dim. Edgar v. Edgar 379
Church, Jenkins ex dim. Yate v. 482 Dundas v. Lord Weymouth 665 :
Clarke, Rex v.
35.610 Dunlop et al., Pierson v.

571
Clarke v. Shee et al.

197 Durden et al., Crepps v. 640,
Clavey et al. v. Hayley 427
Coates, Boutflower v.

25

E
Coe et al., Rich, executor, v. 636 Eden et al., Ratcliffe v. 485
Colton v. Smith

47 Edgar, Driver ex dim. Edgar v. 379
Cook v. Jones
727 Edwards, Floyer v.

112
Cooke v. Booth

819 Eldridge v. Knott et al. 214
Butler v.

70 Emery, Chapman ex dim. Staver-
Cooper, Jones v.
227

2780
Rust et al., assignees of English, qui tam, v. Cox

322
Henry and Richard Papps, v. 629 Ernst et al. v. Sciaccaluga

527
Cope, Hunt v.
242 Evans et al. v. Mann

509
Cottrell, ex parte

742 Everitt, Atcheson v.
Cox, English, qui tam, ". 322 Ex parte Adney

845

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