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Bare copies of the records, which however could not be procured without much trouble and cost, would not alone explain the principles on which cases are decided, the reasons of decision not being stated at large in a record as they are in a report.

But if printed reports were obtainable, every one would have it in his power to examine them for himself, or, at his election, to consult those whose profession it is to understand the laws, and to assist clients with information and advice.

A misunderstanding of judicial decisions leaves many persons not only exposed to errors and losses in their own concerns, but also dissatisfied with the court and disaffected to the government. The most effectual mode of obviating such dissatisfaction and disaffection, is to furnish the public with authentic reports of the cases adjudged. The reasoning of the judges will convince and satisfy intelligent readers, and shield the administration of justice against popular prejudices and mistakes. As the general welfare is the great end of good government, it is of some importance that the laws be generally satisfactory in their operation as well as right in themselves.

The English jurisprudence is the glory of the nation, and the admiration of the world; and its present state of maturity is, in a great degree, to be ascribed to a series of reports, commenced in an early reign, and continued with little intermission, down to the present time. Having the history of former cases thus set before them, and knowing that their own judicial opinions, with

their reasons therefor, will not only be perused and examined by their learned cotemporaries, but descend to their successors, and be submitted to the perusal and examination of posterity; the judges have felt an honourable responsibility, and in addition to their high sense of duty, have been animated with an ambition to decide upon principles that will stand the test of ages. The result has been such as might be expected. Their decisions have formed a system of common law, which is a model for other nations, and is, indeed, so complete, that comparatively few questions of doubt now arise under it. In proportion to the relative amount of business, there are, probably, ten unsettled points of law in this country to one in that.

This state of things is not imputable to any improvidence of the provincial legislature, in passing, or neglecting to pass, legislative acts, or to any defect of the court in determining cases submitted to its determination; but has resulted from the circumstances of the province; and the only adequate remedy is to be sought in a course of judicial decisions, maturely formed, faithfully reported, and uniformly adhered to.

Although the provincial judges are in some respects in a more difficult situation than those of Westminster Hall, having a more unexplored field before them, with fewer land marks to guide their way; yet if their decisions, with the reasons on which they are founded, and the arguments by which they are supported, were correctly taken

down, and preserved in faithful public reports, they would soon lay the foundation of a system of provincial jurisprudence, not less complete than that of the parent country. The happy consequences would be a more perfect uniformity of adjudications in the superior court, both at the terms and on the circuits, than is possible without reports; a conformity of the inferior courts, a prevention of many otherwise inevitable misapprehensions of the points decided, and the grounds of decision; a more known and certain state of the laws, and a consequent diminution of the occasions and expences of law-suits; for the uncertainty of law is the most expensive source of litigation.

The beneficial effects would not be confined to courts, magistrates, and private subjects. Even legislators would share in them. By an historical view of the judicial interpretation and application of existing laws, they would be assisted in deciding what legislative remedies may be necessary, to supply any defects, or remove any evils, pointed out by experience.

The utility of such reports is generally admitted; but the practicability of introducing them in the present state of the province is questioned. To take correct notes, it is said, of the arguments and opinions delivered in each important cause, to digest them into regular method and form, with a full yet concise state of the case and the pleadings, and proper references to the authorities cited by the counsel and the court, and to prepare them for publication in a satisfactory manner, must be a

work of much labour and care, which ought not to be undertaken without some reasonable expectation of reward; but that the purchasers of reports in the province would probably be so few, that the sale of copies would not, for some time, more than defray the expences of publication, without leaving any remuneration to the reporter.

In England, reports, in the form of year books, were introduced, in pursuance of an act of parliament, at the public expence, which was continued until the demand for the books of reports became such as to yield the author an adequate recompense. Their introduction in that manner has, for centuries, been a subject of gratitude and applause.

Upon the same principle, and with corresponding success, in several of the United States, where the English common law is adopted as the basis of the state laws, liberal compensations are granted to reporters, out of the public funds, to the general satisfaction of the people, although there is already such a demand there for the books, that printers can afford to pay a handsome price for the copyright.

If the revenue of this province be too limited, or the claims of other objects of public utility too numerous and urgent, to permit the application of any portion of it to the encouragement of judicial reports, their introduction, however impracticable at present, may be among the improvements of the province, at some future day, and in a more advanced stage of population and resources.

SKETCH XXI.

MONEY.

Rates of Gold and Silver Coin-Gold, when to be weighed in Bulk-Copper Coin-Provincial Currency compared with Sterling and with Dollars— New York Currency in the Province.

BEFORE We consider the subjects of revenue and taxes, it will be proper to attend to the currency of the province.

The value of gold and silver coins here current, is established by law at the following rates:

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