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 Rh  without which he could not be aid to become a Party. Another variance inited on was, that the examination required by the Cutom mut be by a Jutice of the Peace, and in this Cae W. P. is not aid to be a Jutice of the Peace, but a Jutice of the Court of Common Pleas.—It was further urged, that the Deed in this Cae was void, for two reaons: 1t Becaue, though the Conveyance is to Trutees, yet the Ue is to the Baron and his Heirs, which, by the Statue of Ues, vets the legal Etate immediately in the Baron, and o is no other than a Conveyance from the Feme to the Baron which is void. The 2d reaon was, that the Deed wanted a Conideration, there being none mentioned but marriage and five hillings. That the Marriage was pat, and a pat confideration is no conideration, and the five hillings aid to be paid to the Feme was in fact the property of the Huband, o no conideration to her.

On the Part of the Defendant it was anwered, that though by the Law of England a Feme Covert cannot convey her Etate without an examination by Writ, yet in this country a different manner of examination has obtained from the firt ettlement of the Province, in ubtance the ame as an examination on a Fine, which probably in early days could not be levied here for want of kill in the Profeors of the Law; and that now the greater part of the Titles in the Province depend, in ome link of the chain, upon this kind of Deeds, it would be highly inconvenient, and would introduce the utmot confuion, to overet them. That Common Recoveries have their validity from uage, and that if this be an Error, it is within the maxim, . As to the reaonablenes of the uage ''Brook. tit. faits.'' § 14. 15. was cited to hew an Examination of Feme Covert before the Lord Mayor in London was good without a Fine. And to how the force and extenion of the maxim, , many authorities were cited. Carth. 283. 4. Sid. 190. 2 Mod. 238. Jenk. 162. 250. Anderon 49. 2 ''Ab. Eq. Ca.'' 200. Hob. 83. Salk. 33. Co. Litt. 112. Shepherds Touchtone 516. Comb. 320. 342. Stiles 320. As to the variance between this Cae and the Uage, it was aid the Feme had declared he executed the Deed with her free Conent, and that it mut be taken, the Magitrate did his Duty in making her acquainted with the Contents. As to the other variance, it is notorious that a Jutice of the Common Pleas is a Jutice of the Peace, in this Province, being appointed to both Offices in one Commiion, and the Court will  take notice of o general a practice. As to the objections againt the validity of the Deed, it was anwered that though a Deed would be void immediately from Baron to Feme, yet it would be good when made to Trutees to the Ue of the Feme. Co. Litt. 112. And the conideration of five hillings, though not a valuable one, is a good conideration in the eye of the Law.

, after adviement: Thee Deeds, and this mode of examination of Femes Covert on conveying their Etates, having generally prevailed in this Province, from its firt ettlement, and undergone from time to time the no- tice