The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1822-02-19


vancsd in tue sciencc-'his ,lcsticrutun, the
present work has furnished.
II Inust not be nnlersto "A, from the numerous
decisions, which are SHOWN in this volume, q
have, az vorOns times, been 0ycr-rulei that q
court IL ~ liberty. on anv occasion, ID disregard
the authority OF cases once solenalv decide |.
IL a doctrine az law that nrp~e Tents AMI
rules must be foIlowci unless fati, s,@urd, al
unjust for, as il is said ny learnei iurist,
though their reason BE not obvi0ns n first view,
yet We owe such a difference D. former times a.
not 70 suppose that they actei wholly without
consideration" Some have gone 60 ear as 10
assert that "prcce tents AMI rules mast be fol-
lowed, even when they are flaty absurd and M
Just, II they are agreeable 10 anccat principles
An example, is al hand, when ths Is actually
the case IN England. il is rule OF law TINT
brother VI the half BIOL shall never succeed as
heir to tie estate Of his half brother, but il shall
rather eschest TO the King. So that where a
father leaves two s1as be two different mothers.
AMI dies intestate, and large estate descends
10 las eldest son. who also dies a miner. and in
testate, his Younger brother cannot inherit bat
the estate shall rather 70 To- the King. Now
4 TINS IS absurd, and has not been adopted in this
| country, "yet in the mother country. il is es-
7 toblshed by custom which IS evidenced BY iu-
dicial decisions" and il binding on the Judges.
But thooch the Judge does not make the law,
| aud though he NAV ptisttte II. vet the decisions
of The courts are evidence o. whit sssrs, and as
such are entitled 70 our deiercaes psa obedi-
ance.
TIE rel crFs now exfant in fsrrssfaf series. are
from the time OF Edward the sCconl. inclusive,
they were published 10 the time n- Henry 9th,
annually, at the expense Of the crown, aud are
hence denominated the gear books. There
n were no regular Reports after that time, until
James lst, AZ the instance Of EOrG Bacon. ap-
pointed a reporter with fixed salary; Il i how
ever did not long continue and the task fell
+ gradually into the hands of private individuals.
When Sir Edward Coke published his reports,
the first part Of which appeared in 1000. the last
an ltl5, there we're, as be tells US, hut thrce
printed volumes Of reports beside tie Year
Books, then IN being, viz Sir James Dyer's re-
ports and Powders commentaries since that
time however other Volumes have been publish
Cd containing decisions in that period as Salkcd,
Croke, &c. As the business If repairing was
taken up by individuals after the government
neglected II many books were published by
| those who were not well skilled il tlle Sub;cct
and often hastily II therefore happens that we
have the same case reported entirely different,
and sometimes contradictory, hy different au-
thors; and many are Cridey aud iGnperfeCtly
reported. IL is in this view therefore, that the
work Of Mr.. Grccneaf, has much utility for il
pronounces what reports are not Of good auth ri
~, and what cases arc not well reported. In
this country the National Government AMI many
Of the State Governments. aud among t.c,n we
are happy TO acknowledge our own, Lave wise
~ provided for public reporter.
. We had prepared several extracts from Mr.
Greenleaf's book 70 show the nature and plan
) Of the work, but tie extent 70 which our re-
marks have carried must exclude many ct
them. We have inse rted few however, which,
while they convey useful information to those
who may not scss the book, win exhibit Mr..
!. -Grea1lesf's design. y y y ..
Bacon v. Waller l. RoA. Rep. 597. ,. Bulst-.
! Goa Co. Lit. 46. b.
That from the date" and :" from The day Of
the date" mean both the thing, and that
both sTcluSirc.
Agreed that they both mean the same thing,
but resolved that, frcn," may mean inclusive.
or exclusive, according the subject matter; s.
that it should b. 80 construed as 70 etlectUafe
the deeds Of parties, not to destroy them. Pugh.
I. d. Of L'~ts, CoWp. ia I'D. Pesbrey Z.
" tLltaHls 10. .Edss 1888 2. 2.
/. Bulatr. 1T.
Tha, from the date" includes the day; hut
tha, !. from he dag y the tate" excludes o.
verrued IN PUgh. T. H. Of Leeds, CORY III.
2. H.
Bartlett v Knight I. Mass. 401.
Thata Judgment Of Court in another Of fire
! IT, 5 is not id ali conclusive evidence OF
a debt in action brought thereon in -hassG-
TX chuSettS.
I Overruled in BisyeiU Briggs, 9. Mass. 4l6.
where IL is holden that In sGch action o. debt
nothing is open inquiry except the ia rlStliC-
ton OF the Court which rendered the original
II Judgment Page 10.
Hitchcock v. Aiken |. Gaines 100.
II That judgment in a sister State, is only pr.
N ma faris evidence Of debt.
\ The contrary is law in Massachusetts, Same
authority as aboVs,) P. SO.
Cooking v. Fraser Park. ia.
N That if the articles mentioned in memoran-
dunn at tho foot Of a policy specifically remain
! after the voyage. though damaged and worth
less, tine inssTeT is not liable.
" Id Kchyon called this obifer dietlr1, and
! said lac could NOT subscribe 10 il. Fid Bur
i NIT 4 KsnSingt0n 7. II. & r. 30. And Id
! .iirdniey said, he liberty 10 consider the
j case of G. U. f. as less strong than it appears
4 TO be. Dyson =. Rotcrr2ft g. b. g. r. 4T4.
II But the IT, ;. Courts have adopted the prin
/ ciplcs Of this case M .Norc,au .. Z. 5
\ ms. Comp. l. Uhtat 2l9. l. CaiRcs 1856 3
i Gaines los. Pegs l9.
Dennison V. Modgliani 5. ID. s f. $50.
That the taking OF letters Of magque. by q
merchant vessel, avoids the policy. though no
II use be made Of them.
The authority OF this case is shaken in dfoss
a. Byron .. u. & +. 579. In Mass. II is de.
MED Higgtn .. .4nOry 10 Jdass- ID p. "a