UNIV.

FROM JANUARY TERM, 1799, TO JANUARY TERM, 1803, BOTH
INCLUSIVE;

TOGETHER WITH CASES DETERMINED IN THE

COURT FOR THE CORRECTION OF ERRORS,

3374

DURING THAT PERIOD.

BY WILLIAM JOHNSON,

COUNSELLOR AT LAW.

Legum interpretes, judices; legum denique idcirco omnes servi sumus, ut liberi esse possu*
mus.-CICERO.

SECOND EDITION; WITH MANY ADDITIONAL CASES NOT INCLUDED IN
THE FORMER EDITION, FROM THE ORIGINAL NOTES OF THE LATE

HON. JACOB RADCLIFF, ONE OF THE JUdges of the SUPREME
COURT DURING THE TIME OF THESE REPORTS.

WITH COPIOUS NOTES AND REFERENCES

TO THE AMERICAN AND ENGLISH DECISIONS.

BY LORENZO B. SHEPARD,

COUNSELLOR AT LAW.

VOLUME III.

CONTAINING THE CASES FROM JANUARY TERM, 1802, TO JANUARY
TERM, 1803, INCLUSIVE; WITH AN APPENDIX.

NEW YORK:

PUBLISHED BY BANKS, GOULD & CO.,
LAW BOOKSELLERS, NO. 144 NASSAU STREET;

AND BY GOULD, BANKS & GOULD,
No. 104 STATE STREET, ALBANY.

1849.

District of New York, ss. Be it remembered, That on the twenty-seventh day of May, in the thirty-sixth year of the Independence of the United States of America, William Johnson, of the said district, hath deposited in this office the title of a book, the right whereof he claims as author, in the words and figures following, to wit:

Reports of Cases Adjudged in the Supreme Court of Judicature of the State of New York; from January term, 1799, to January term, 1803, both inclusive; together with Cases determined in the Court for the Correction of Errors, during that period. By William Johnson, Counsellor at Law. Legum interpretes, judices: legum denique idcirco omnes servi sumus, ut liberi esse possumus. CICERO. Vol. III., containing the cases from January term, 1802, to January term, 1803, inclusive; with an appendix."

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:" and also to an act, entitled, "An act, supplementary to an act, 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, and extending the benefit, thereof to the arts of designing, engraving and etching historical and other prints."

CHARLES CLINTON, Clerk of the District of New York.

Entered according to the Act of Congress, in the year eighteen hundred and forty-nine, by BANKS, GOULD & Co. in the Clerk's office of the District Court of the Southern District of New York.

ALEXANDER 8. GOULD, PRINTER,

No. 144 Nassau Street, New York.

NAMES

OF THE

JUDGES OF THE SUPREME COURT OF JUDICATURE

OF THE

STATE OF NEW YORK,

DURING THE TIME OF THE THIRD VOLUME OF THESE REPORTS.

MORGAN LEWIS, Esq. Chief Justice.

JAMES KENT, Esq.

JACOB RADCLIFF, Esq.

BROCKHOLST LIVINGSTON, Esq.

SMITH THOMPSON, Esq.

JOSIAH OGDEN HOFFMAN, Esq., Attorney General,

resigned January 29, 1802.

AMBROSE SPENCER, Esq., appointed February 3, 1802.