Page:United States Reports, Volume 1.djvu/27

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16
CASES ruled and adjudged in the


1767.

For the Plaintiffs it was anfwered, that in 2 Peere Williams 75. and many other cafes, it was fettled that all Acts of Parliament made before the Settlement of the Colony extend, unlefs local in their Nature ; that under this rule the Statute of Wills, Statute of Ufes, and many other Statutes, were always held to extend ; and that the reafon of this Act extended as well as any other. That as to this Cafe not being within the Act, the prefumption fpoken of was not juftified by the Act itfelf, which extended to every Cafe–2d. Though the Witneffes fwear only to forty-four Years poffeffion yet after fuch a length of time it fhould be prefumed the poffeffion had been from the Date of the Deed to Chambers, which was in 1685.–3d. The Rights of Femes Covert are not faved in this Act {except such Fames Convert as were in being at the time of making the Act) and Poffeffion was out of Tucker's Wife from the time of her Hufband's Deed to Chambers.–As to the laft Point it was faid, that it was picked up at the Bar, and objected to at the Time of tendering the Deed ; that it did not ftrictly go to the title, but was only a claim of two old Women for their Lives, which the Jury might take notice of, it they pleafed, by leffening the Damages.

the court were unanimous and clear in their Opinion, that the Act of 32 H. 8 did extend to this Province, and gave it in charge to the Jury accordingly. [♦]

The Verdict of the Jury was unconformable to this opinion, by their finding for the Plaintiffs, having made an allowance for the Lives of the Women in the Damages.




April Term, 1768.


william allen, Chief Juftice.

john lawrence,
thomas willing,
\Bigl. \begin{matrix} \\ \end{matrix} \Bigr\}Juftices.




RICHE and Richards verʃus BROADFIELD.


A

N Account of Sales of an Adventure fhipt to New-York, faid to be figned by the Factor, offered in evidence to prove a lofs on the Goods. Objected, that the Factor himfelf ought to have been brought to give evidence, viva vice, or leaft the account fhould have been proved by him, and certified under the City Seal of New-York, agreeably, to the directions of the act of parliament with reward to the proving Colony debts in England.–Anfwered, That this being a Mercantile Tranfaction, fuch Evidence as Merchants (illegible text) admit a proofs of a foreign Transfaction, fhould be received here.

[♦] See S.P. Morris's verƒus Vanderen Poƒt.

BY