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

 16  For the Plaintiffs it was anwered, that in 2 Peere Williams 75. and many other caes, it was ettled that all Acts of Parliament made before the Settlement of the Colony extend, unles local in their Nature; that under this rule the Statute of Wills, Statute of Ues, and many other Statutes, were always held to extend; and that the reaon of this Act extended as well as any other. That as to this Cae not being within the Act, the preumption poken of was not jutified by the Act itelf, which extended to every Cae—2d. Though the Witnees wear only to forty-four Years poeion, yet after uch a length of time it hould be preumed the poeion had been from the Date of the Deed to Chambers, which was in 1685.—3d. The Rights of Femes Covert are not aved in this Act (except such Femes Covert as were in being at the time of making the Act) and Poeion was out of Tucker’s Wife from the time of her Huband’s Deed to Chambers.—As to the lat Point it was aid, that it was picked up at the Bar, and objected to at the Time of tendering the Deed; that it did not trictly 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 pleaed, by leening the Damages.

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. 

N Account of Sales of an Adventure hipt to New-York, aid to be igned by the Factor, offered in evidence to prove a los on the Goods. Objected, that the Factor himelf ought to have been brought to give evidence, viva voce, or at leat the account hould 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.–Anwered, That this being a Mercantile Tranaction, uch Evidence as Merchants uusally admit as proos of a foreign Tranaction, hould be received here.