On the Part of the Defendant, it was infifted that he ought to pay 20 more on this Policy then the actual lofs futained by the Payment of Salvage and other Charges. That the Captain have fet up the Veffel to fale without any Orders of the Court of Admiralty, and purchafed her himfelf in behalf of the Owners, for about one fourth of the Sum infured, and this being acquiefced in by the Plaintiffs, there was no abandonment, and therefore but an average lofs.
THE COURT gave in Favour Defendant ; and the Jury accordingly gave the Plaintiffs a Verdict for fo much only as they judged a compenfation for Salvage, charges, and Lofs of Time, an account of the capture.
william allen,Chief Juftice.
ING'S Road. On confirmation of a Road by the Juftices of Chefter country, the Record was brought up by Certiorari ; and it was moved to reverfe the Judgment of confirmation, becaufe the Juftices below had refufed to grant a Review, though petitioned thereto by a Perfon who complained he was aggrieved by the Roads running through his improved ground :–On argument, THE COURT reverfed the Judgment for that reafon, alledging that a Review, though not taken notice of in the Act of Affembly, had always been granted, and was now become a matter of right.
HIS Caufe came before the Court for a determination on a fpecial Verdict which found, That the Defendant's late Wife Sarah, before her Marriage, with the Defendant, fhe and her Hufband joined in a conveyance to two Truftees and their Heirs,
" Habendum to them and the Survivor of them and his Heirs for
"ever, in truft neverthelefs to and for the proper Ufe and Behoof of
"the faid P. Turner and S. his Wife, for and during their joint
"Lives and from and after the Deceafe of either of them, ten to
"and for the fole and proper Ufe and Behoof of the Survivor of
"them and his or her Heirs for ever." That the faid P. Turner and