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ARGUED AND DETERMINED

IN THE

Courts of Erchequer and Erchequer Chamber,

AT LAW, IN EQUITY, AND IN ERROR,

FROM

HILARY TERM, 4 and 5 GEO. IV.

TO

MICHAELMAS TERM, 5 GEO. IV.

BOTH INCLUSIVE.

WITH

TABLES OF THE CASES AND PRINCIPAL MATTERS.

BY THOMAS M‘CLELAND, Esq.

OF GRAY'S INN, BARRISTER AT LAW.

Particularium causarum et exemplorum relatio dilucidissima est docendi methodus, et
recta juris ratio et regula.

Pref. 6th Rep.

[graphic]

LONDON:
PRINTED FOR S. SWEET, 3, CHANCERY-LANE; R. PHENEY, INNER TEMPLE-LANE;
A. MAXWELL, 21, AND STEVENS AND SONS, 39, BELL-YARD,

Law Booksellers and Publishers ;
AND R. MILLIKEN, GRAFTON-STREET, DUBLIN.

W. Pople, Printer, 67, Chancery Lane.

PREFACE.

IN laying the first Volume of the Exchequer New Reports before the Profession, the Reporter would have abstained from any prefatory observations, if he did not consider it an indispensable duty, gratefully and respectfully to acknowledge the aid, and countenance which he has received in preparing them for publication. That the very valuable assistance with which he has been honoured, the kindness, courtesy, and liberal accommodation which have been manifested towards him by the Profession in general, and the cordial and zealous services of his private friends may not appear to have been entirely thrown away, has been the cherished object of his labour, study, and ambition. To what extent, however, he has availed himself of the benefits which have been conferred upon him, it is for those, from whom they have been principally derived, to pronounce; and to their indulgent judgment he subunits his work with diffidence and anxiety, Conscious that any merits it may possess will be candidly appreciated, he trusts that some excuse for imperfections, and occasional errors will be found, in the difficulty of the undertaking, and the variety of objects embraced by it,

a 2

It is judged proper to state, that in the index, dicta, or positions collateral to the matters actually decided by the Court, and queried points, are referred to by the number of the page alone, or by the letters Ib. Where more than one determined point in the same case is referred to, all such references after the first are distinguished, when that was necessary, from the references to the dicta, and to queried points, by the addition of the characters Id.

Temple, July 27th, 1825.

JUDGES

OF THE

COURT OF EXCHEQUER,

DURING THE PERIOD OF THE REPORTS COMPRISED IN

THIS VOLUME.

The Right Hon. Sir WILLIAM ALEXANDER,

Knt., Lord Chief Baron. Sir ROBERT GRAHAM, Knt. Sir WILLIAM GARROW, Knt. Sir Join Hullock, Knt.

ATTORNEY GENERAL,
Sir John SINGLETON COPLEY, Knt.

SOLICITOR GENERAL,
Sir Charles WeTherell, Knt.

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