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TREATISE

ON THE

L A W OF USUR Y.

3318

BY

ROBERT BUCKLEY COMYN, ESQ.

FROM THE LONDON EDITION.

PUBLISHED BY

J. S. LITTELL, LAW-BOOKSELLER

No. 11 GEORGE STREET,

PHILADELPHIA.

PREFACE.

THE object with which the present work was undertaken was. to collect within a small compass the various decisions which have taken place upon the statutes of usury.

In the prosecution of this design, I have divided the subject into three parts; and have considered, I. The several statutes upon usury, and the decisions upon those statutes:-II. The avoidance of, and relief against, usurious securities:-and III, The punishment of usury. I have added,

of Appendix, the principal statutes relating to the subject; together with a few precedents of pleadings.

by way

If I have too often obtruded my own observations upon the reader, I must plead the frequent discordance of the decisions as the excuse for this obtrusion, as well as for any error I may have fallen into, in endeavouring to reconcile the cases with principle, and with one another. It has been my endeavour not to leave any part of the subject without drawing some general conclusion; but in so doing, I have been careful to put the reader in possession of the cases upon which my conclusion is founded; desiring rather his assent to my suggestions, than his reliance upon my assertions.

I am aware that, in this undertaking, I have been anticipated. But Mr. PLOWDEN's work will not be found very serviceable to the practitioner; and if Mr. ORD has remedied this defect, the scarcity of his book, and the number of cases decided since its publication, have opened the field to another adventurer. In Mr. PLOWDEN, however, a full detail of the history of the usury laws will be found; a circumstance which has induced me to treat that part of the subject with as much brevity as was consistent with distinctness.

I cannot omit expressing my obligations to Mr. CAMPBELL for the means of reporting the case of Lowes v. Mazarredo;—and to Mr. N. W. SENIOR, of Lincoln's Inn, for many judicious hints and suggestions in the progress of the work.

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