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BY ELIHU HALL BAY,

ONE OF THE ASSOCIATE JUDGES OF THE SAID STATE.

VOLUME II.

NEW-YORK:

Printed and published by Isaac Riley.

1811.

B

DISTRICT OF NEW-YORK, &&

E IT REMEMBERED, That on the seventh day of February, in the

ISAAC RILEY, 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. Volume II."

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 66 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, sup"plementary to an act, entitled, an act for the encouragement of learning, “ by sciuring the copies of maps, charts, and books, to the authors and pro"pittors of such copies, during the times therein mentioned, and extending "Lite, behefits thereof to the arts of designing, engraving and etching histori"cal and other prints."

CHARLES CLINTON,

Clerk of the District of New-York.

94461

PREFACE.

THE encouraging reception which the author's first volume of Law Reports met with from the public, the great necessity there was for the continuation of such a work, and promulgation of subsequent adjudications; and the liberal aid afforded by the Legislature, have all combined to induce him to offer a second volume for publication.

This second volume consists of decisions made in the Constitutional Court, on Appeals from the Common Law Tribunals of Justice, in the State of South Carolina. It is styled the Constitutional Court of Appeals from its being specially established by an article in the State Constitution, and from its jurisdiction being chiefly confined to appeal cases, brought up from the other Courts of Judicature. It is held by all the Common Law Judges of the Superior Courts of Justice, who are required and enjoined by the above constitutional article, to meet at the conclusion of the Circuit Courts, twice in every year, at Columbia and Charleston, for the purpose of hearing and determining all such motions for new trials, and in arrest of judgment, and all such other points of law, as shall or may from time to time be sub

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