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LELAND STANFORD JR. UNIVERSITY.

9.434 06

AUG 27 1900

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 ar 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 . 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.

PREFACE TO VOL. III.

An apology is due to the public for the delay in publishing the second and third volumes of this work, a delay which has however been caused in a great degree by the amplitude of the notes.

The editor has added to this volume a number of cases selected from the MSS. of the late Hon. Jacob Radcliff, many of which have never been published before.

When the annotation of this work was undertaken, it was designed to present at length those cases which were not already public, but it has been impossible to achieve this purpose. The eminent judges who sat in the Supreme Court during the period of these reports, have passed from their earthly labors, and their unpublished opinions are inaccessible to the editor, even if they are still in existence.

No apology is required for presenting the notes of Judge Radcliff. It is true they were prepared for private and not for public use—that they vary occasionally from reported cases-that they are sometimes deficient in fullness. Yet notwithstanding these objections, they will be considered eminently serviceable for a variety of purposes, not the least of which, is a clear statement of the principle settled or affirmed in each case, by an eminent judge and most accomplished lawyer who participated in the decision.

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