Excerpt from Reports of Cases at Law, Argued and Determined in the Court of Appeals and Court of Errors of South Carolina, Vol. 1: From December, 1838, to May, 1839, Both Inclusive

It is proper in submitting this volume of Reports to the public, that they should be apprised of the character and extent of the duties of the ofiice of Reporter, in order that they may form a correct judgment of the manner in which these duties have been discharged. The Reporter in this State, is elected annually by the Legislature. The present incumbent was elected to the ofice at the close of the session of the legislature in December, 1838. By an act of the legislature of the same session, (appropriation act, p. The sum of fifteen hundred dollars is appropriated for the salary of the State Reporter, of which sum, (the act provides, ) not more than one half shall be paid, unless the said Reporter shall print and publish such deci of the Courts of Appeals and of Errors, which may be made during his term of ofice, as the judges may direct, within twelve months after they shall have been rendered. It will be perceived by this, that so far as the duties of the office are defined by the legislature, the reporter is required to print and publish such decisions only of the courts as the judges may direct. The selection of the cases for publication, it will be seen, devolves entirely upon the judges, who in fact always designate the cases to be reported. It fol lggsltherefore, that whether the cases are more or less interesting or im portant, no responsibility on that account rests upon the reporter. This, although generally known, perhaps, to the profession in the State, is not probably known out of it, and the explanation is thought necessary, to define where the true responsibility of the reporter commences. In becoming a candidate for the office he now holds, the incumbent may be permitted to say, that he did so under an impression that the duties were arduous, and that a thorough and faithful discharge of them would involve a very large appropriation of time and labor, which under the present salary of the ofiice, would not, and could not, be at all compensated. He determined, however, that while he should hold the office, he would spare no pains in endeavoring to discharge its duties to the satisfaction of the profession. How far he may have succeeded in his endeavors, it will be for them and the public to deter mine. The reporter has found upon experience, that he scarcely estimated the extent of the labor required and the large portion of time necessary to the preparation and publication of the reports especially to their publica tion within the State. It will be observed, that the reporter is required to publish the decisions of both the Courts of Appeals, that is, the decisions of the Court of Appeals in Equity, as well as of the Law Court, and the deci sions of the Court of Errors. 1 be present volume contains the decisions off?the Law Court of Appeals, from December term, 1838, to the last or May term, 1839, and the decisions of the Court of Errors, during the same period, of cases brought into that court from the courts of law. The decisions pro nounced by the Court of Appeals in Equity, during the same period of time, will be published in a separate volume, to which will be added the decisions of the Court of Errors, of such cases in chancery as have been decided in that court.

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