1770. PERRIN V. BLAKE. though many of them; especially in London, are of con siderable value, there are not more, upon an average, than between twenty and thirty ever heard of afterwards, in the shape of special verdicts, special cases, motions for new trials, or in arrest of judgment of a bill of exceptions, there has been no instance. (I don't in clude judgments upon criminal prosecutions: they are necessary consequences of the convictions.) My reports give but a very faint idea of the extent of the whole business which comes before the Court. I only report what I think may be of use, as a determination or illustration of some matter of law. 1 take no notice of the numerous questions of fact which are heard upon affidavits; (the most tedious and irksome part of the whole business.) I take no notice of a variety of contestations, which, after having been fully discussed, are decided without difficulty or doubt. I take no notice of many cases which turn upon a construction so peculiar and particu lar as not to be likely to form a precedent for any other case. And yet, notwithstanding this immensity of business, it is notorious, that in consequence of method and a few rules which have been laid down to prevent delay, (even where the parties themselves would willingly consent to it,) nothing now hangs in Court. Upon the last day of the very last term, if we exclude such motions of the term as by the desire of the parties went over of course, as peremptories, there was not a single matter of any kind that remained undetermined, excepting one case relating to the proprietary Lordship of Maryland, f 2584] which was professedly postponed on account of the present situation of America. One might speak to the same effect, concerning the last day of any former term, for some years backward. I hope, that, in future, some other person, of more ability than myself, (I will not compliment him with greater fidelity,) will supply my place. It would be great pity to leave the decisions of a Court so filled, to the ignorant erroneous and false reports of news-papers, monthly historians, and collectors for book-sellers; or, what is perhaps still worse,) to the posthumous publication of defective and imperfect notes of gentlemen who cursorily took them, merely for their own use and as helps to their own memories, without any thoughts of making them public. I have the pleasure of thinking that if my reports have 1770. PERRIN BLAKE. no other merit, they have at least anticipated, and may possibly tend to prevent such kind of publications. And for this reason, I wish to proceed in communicating to the public the materials which I have collected, subsequent to the present publication, and up to the present time. Inner Temple, 20th May 1776. The end of Hilary Term 1770. 10 G. 3. and of the FOURTH VOLUME W. feseltine, Checquer Yard, |
