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

 Rh  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 Commiioners of Property, could not authorie the Location of Lands: And even uppoing it to amount to an Order from James Logan himelf, as he was only one of three Commiioners, uch Order cannot be a sufficient Warrant.

aid, that under thee Sort of Orders from the Proprietor’s Officers, a great Part of the Province had been ettled, and that for a general conveniency they had been heretofore allowed to be given in Evidence, and particularly in M’Dowall’s Cae. In that Cae, lat April Term, a Letter from Richard Peters Secretary of the Land-Office, to the ame Effect as the above, was allowed; and the Letter in this Cae was accordingly ruled to be given in Evidence.

A Plot of a Survey made in puruance of the above Letter, in Iaac Taylor’s own hand Writing, with a Note at the bottom thus “ur. 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, againt a regular Warrant and Survey poterior to the above; a Settlement and Poeion being proved to have been made, the first Survey amounting to an Impropriation, and the Land Office appearing to have been hut between the Years 1718 and 1732.

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

UIT on a Policy of Inurance. It was et forth in the Declaration that the Veel prung a Leak at Sea, and put into Providence, through Neceity.—The Mater of the Ship was produced by the Plaintiff as a Witnes to prove the Bill of Lading, and to give a general Account of the Tranactions on board the Veel and at Providence. His admiion was oppoed, becaue the Captain himelf had Goods on board which were inured, and the Money was refued to be paid by the Underwriters on his Policy till this Suit was determined, and therefore he was intereted.—But it was anwered, that the Mater of the Ship was the only Peron who can be uppoed capable of giving a full Account of the Matter; and part of the Defence in this Cae being, that the Goods inured were innumerated Commodities and therefore not lawful to be hipt from Carolina to Madeira; and the Captain’s Goods inured, were not to be landed at Madeira, but at London, therefore the Captain’s Inurace could not be affected by an Determination in this Cae.

ruled, that he hould be examined on the Voire dire, and if he aid he was diintereted, he hould be worn in chief; which was done, and he was admitted a Witnes.