OF CASES ARGUED AND DETERMINED IN THE SUPREME COURT OF NEW JERSEY. From April Term 1790, To November Term 1795, BY RICHARD S. COXE. VOL. I. BURLINGTON, N. J. PRINTED AND PUBLISHED FOR THE REPORTER, BY DAVID ALLINSON. PREFACE. In accompanying this first volume of "Reports of decisions in the Supreme Court of New-Jersey" with any prefatory remarks, the author has been influenced rather by a profound respect for the learned profession for whose service the publication is designed, than by any distrust of its well known liberality and candour. From the authentick materials that have been employed, every confidence may be reposed in the accuracy with which, the facts of the cases are stated, and the fidelity with which the opinions of the Court are reported. The want of full notes of the arguments of Counsel in some instances, and a disposition to avoid unnecessarily increasing the bulk and enhancing the expense of the volume in others, have induced me in general to attempt merely a concise and perspicuous statement of the points raised, and the authorities to which reference was made. The modern practice of introducing the arguments of Counsel at length, seems in some instances to have been carried to an extreme not warranted by any corresponding advantage, and it has been thought a isable, unless, under particular circumstances, to pursue a somewhat different course. Without some explanation of this kind, the gentlemen of the New-Jersey bar might reasonably complain of the method which has been adopted, but their professional character is built upon foundations too solid, to permit an apprehension that it could sustain the slightest injury, from any deficiencies that may exist, either in the plan or the execution of the present work. Should an apology be required for the insertion of Certiorari Cases, it will readily suggest itself to every lawyer acquainted with the organization of the inferior judicial tribunals of the State. The frequent occurrence of cases involving no difficulties in the eye of a professional man shows, that the selection which has been made, (from a much larger number of the same description,) cannot but prove advantageous to those, who, holding the responsible stations of Justices of the Peace, are desirous of exercising the functions of their office, with ease to themselves and utility to the publick. The notes subjoined to the principal cases, are scarcely of sufficient importance to require distinct mention. It did not fall within the design of the reporter, to collect all the analogous decisions to which reference might be made, but simply those, particularly of a more recent date and in our own country, which were supplied, during the preparation of the volume, by his own memory and general professional reading. For the typographical and verbal inaccuracies, which the attentive reader will discover, some apology may be found in the remoteness of the author's situation from the press: this circumstance he would respectfully offer in extenuation of these defects, did he not apprehend, that amid the more serious imperfections of his work, they might perhaps be overlooked. Philadelphia, July 1816. OF THE SUPREME COURT OF JUDICATURE OF THE STATE OF NEW-JERSEY, REVISED AND ADOPTED BY THE COURT IN FEBRUARY TERM, EIGHTEEN HUNDRED AND FIVE. WHEREAS many of the rules, heretofore established in this court for regulating the practice thereof, have, either in whole or in part, been superseded by the act of the legislature made on that subject, entitled," An act to regulate the practice of the courts of law;" and whereas many others of the said rules have, either from lapse of time, become altogether obsolete, or from change of circumstances, are found but illy to answer the ends for which they were established; and whereas it would manifestly tend to the advancement of Justice, that the said rules should be carefully revised, and adapted to the present situation of the court; that such others should be added as experience has taught to be necessary, and that the whole should be collected together in one body, so that all persons may have the more easy access thereto for their direction THEREFORE, the justices of the said court, having carefully inspected and considered the same, DO ORDER: that all the said rules heretofore made and established, be from henceforth vacated and holden for none; and that instead thereof, the following be the standing rules and orders of the said court; and that all the officers of the said court, and all parties, suitors and others, whom it may concern, do take notice thereof as such, and govern themselves accordingly. DONE in the term of February, in the year of our Lord one thousand eight hundred and five. AND. KIRKPATRICK. WILLIAM S. PENNINGTON. B |