ARGUED AND ADJUDGED IN THE Court of King's Bench, DURING THE TIME LORD MANSFIELD PRESIDED IN THAT COURT; FROM Michaelmas Term, 30 Geo. II. 1756, to Easter Term, BY SIR JAMES BURROW, KNIGHT, LATE MASTER OF THE CROWN-OFFICE, AND ONE OF THE FIFTH EDITION, WITH THE ADDITION OF CRITICAL NOTES AND OBSERVATIONS, AND VOL. I. From Michaelmas Term, 30 Geo. II. 1756, to LONDON: PRINTED FOR W. CLARKE AND SONS, AND J. BUTTERWORTH, 1812. ADVERTISEMENT. In preparing the present edition of the late Sir James Burrow's Reports, the greatest attention has been paid to the corrections of the errors of the former editions; and the publishers being in possession of the copy of these Reports, which belonged to the late Mr. Serjeant Hill, have ventured to add to this edition, a variety of valuable notes, references, and observations, which he had made in his copy, and which are now for the first time presented to the public: these will be found at the bottom of the page, in the shape of notes, or in the margin inclosed in brackets. The tables containing the names of the cases, which in the preceding editions were separately prefixed to each volume, are in this edition consolidated into one general table, embracing the names of all the cases, and inserted at the end of the fifth volume, and the same mode is adopted with respect to the index. This is considered likely to be advantageous, as avoiding the inconvenience of being frequently obliged to refer to five separate tables or indexes. PREFACE. " T may naturally be asked-"Why I publish at all?" « Why "I begin from Lord RAYMOND's death, rather than from any prior æra?" "Why I have postponed the three former parts of "this work, and publish the fourth part, first ?" "Why I venture "to print, without the sanction of a licence to authenticate my "reports." 86 In ANSWER to the first question I found myself reduced to the necessity of either destroying or publishing these papers; which were originally intended for my own private use, and not for public inspection. For as it was become generally known "that I had taken some account, (good or bad,) of all the cases which had occurred in the court of King's Bench for upwards of forty years," I was subject to continual interruption and even persecution, by incessant applications for searches into my notes; for transcripts of them; sometimes for the note-books themselves, (not always returned without trouble and solicitation;) not to mention frequent conversations upon very dry and unentertaining subjects, which my consulters were paid for considering, but I had no sort of concern in. This inconvenience grew from bad to worse, till it became quite insupportable: and from thence arises the present publication. In ANSWER to the second question My notes taken at the bar, previously to my becoming clerk of the crown, had no particular claim to the least degree of AUTHENTICITY:-Therefore I do not presume to expose them to public view, but when I entered upon that office, I thereby came to have all the records and rule-books on the crown-side of the court in my own power, and could inspect or transcribe them at pleasure: besides which, as I never after that time stirred out of court VOL. I. * It is now upwards of forty.five years. a |