Page:United States Reports, Volume 1.djvu/18

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7
SUPREME COURT of Pennfylvania.


1763.

James Steel,” offered to be given in Evidence as the Foundation of the Defendant's Title. Objected, on the Part of the Plaintiff, that James Steel by his Order only, without a Warrant from the Proprietors or the Commiffioners of Property, could not authorife the Location of Lands : And even fupporting it to amount to an Order from James Logan himself, as he was only one of three Commiffioners, fuch Order cannot be sufficient Warrant.

but the court faid, that under thefe Sort of Orders from the Proprietor's Officers, a great Part of the Province had been fettled, and that for a general conveniency they had been heretofore allowed to be given in Evidence, and particularly in M' Dowall's Cafe. In that Cafe, laft April Tern, a Letter from Richard Peters Secretary of the Land-Office, to the fame Effect as the above, was allowed ; and the Letter in this Cafe was accordingly ruled to be given in Evidence.

A Plot of a Survey made in purfuance of the above Letter, in Iʃaac Taylor's own hand Writing, with a Note at the bottom thus "fur, 9ber 10. 1720," and in the Body of it, the Words "William Willis 400 Acres," not returned into the Surveyor General's or Secretary's Office, but found among ISaac Taylor's Land Papers, many Years after his Death, was allowed to be given in Evidence, againft a regular Warrant and Survey pofterior to the above ; a Settlement and Poffeffion being proved to have been made, the first Survey amounting to an Impropriation, and the Land Office appearing to have been fhut between the Years 1718 and 1732.

N.B. On an Appeal to the King and Council, the Judgement of the Supreme Court was affirmed.


THOMAS WALLACE verfus CHILD and STYLES.


S

UIT on a Policy of Influence. It was fet forth in the Declaration that the Veffel fpring a Leak at Sea, and ptu into Providence, through Neceffity.–The Mafter of the Ship was produced by the Plaintiff as a Witnefs to prove the Bill of Lading, and to give a general Account of the Tranfactions on board the Veffel and at Providence. His admiffion was oppofed, becaufe the Captain himfelf had Goods on board which were infured, and the Money was refufed to be paid by the Underwriters on his Policy till this Suit was determined, and therefore he was interefted.–But it was anfwered, that the Mafter of the Ship was the only Perfon who can be fuppofed capable of giving a full Account of the Matter ; and part of the Defence in this Cafe being, that the Goods infured were innumerated Commodities and therefore not lawful to be fhipt from Carolina to Madeira ; and the Captain's Goods infured, were not to be landed atMadeira , but at London, therefore the Captain's Influence could not be affected by an Determination in this Cafe. the court ruled, that he fhould be examined on the Voire dire, and if he faid he was difinterefted, he fhould be fworn in chief ; which was done, and he was admitted a Witnefs.

Price.