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OF

CASES

ARGUED AND DETERMINED

IN THE

SUPERIOR COURTS OF LAW

IN THE

STATE OF SOUTH CAROLINA,

SINCE THE REVOLUTION.

BY ELIHU HALL BAY,
ONE OF THE ASSOCIATE JUDGES OF THE SAID STATE

Second edition, with additional notes and references, &c.

VOLUME I.

NEIV-YORK:
PRINTED AND PUBLISHED BY I. RILCY. :
FOR SALE BY E. MORFORD, WIMINGTON & CO. CHARLESTON:

, ;
RICHMOND; COLE & THOMAS, BALTIMORE ; P.
BYRNE, PHILADELPHIA ; R. MDERMUT, AD
S. GOULD, New-YORK; JOHN WEST, & CO.
BOSTON; DANIEL Jonyson,

PORTLAND.

1809.

DISTRICT OF SOUTH-CAROLINA, TO WIT :

BH

E IT REMEMBERED, That on the twenty-first day of August, ana

domini one thousand eight hundred and nine, and in the thirty-fourth year of the Independence of the United States of America, the honourable ELIHU HALL BAY, of the said district, hath deposited in this office the title of a book, the right whereof he claims as proprietor, in the words following, to wit:

“ Reports of Cases argued and determined in the Superior Courts of Law " in the State of South-Carolina, since the revolution.' By Elihu Hall Bay, “ one of the Associate Judges of the said State. Second edition, with addi. “tional notes and references, &c. Volume 1.”

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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 Isarving, by securing the copies of maps, charts and books, to the authors “ and püoprietors of such copies, during the times therein mentioned, and

Oxuelling the benefits thereof to the arts of designing, engraving and etch“ing historical and other prints.”

JAMES JERVEY,

Federal Clerk, South-Carolina District

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PREFACE.

A PROPER collection of the most remarkable decisions in our courts of justice since the revolution, is of such obvious utility, as to preclude the necessity of an apology for laying such a work before the public. This consideration, added to the earnest and reiterated wishes of many of our intelligent citizens, as well as the gentlemen of the bar, to procure this species of useful and interesting information, induced the compiler to publish the following Reports of Law Cases, which have been determined in the Supreme Courts of this State since the above memorable period.

It has been a principal object with him to prevent the unnecessary bulk, and consequent expense of this work, by selecting from the great mass of cases, only such as were recommended by the novelty and importance of the principles and topics they involved ; or such as tended to the enlargement and stability of our system of jurisprudence. Although many of these cases may be similar to numbers which may be found in the books of the English reporters, (and which continue to be of authoritative influence in our courts,) yet they derive a confirmatory, and more indisputable weight, when they are known to have received the decided and concurrent sanction of our courts of judicature; and become more generally in

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