Page:United States Reports, Volume 2.djvu/202

 96 Casts ruled and adjudged in the 793- . Ama —. . • _7dHll¢{`y T€fIH, I Bore: vnfu: Moon:. y 32,7 N this aétion, which was brought on a Policy of Infurance ' • fubfcribed the 8th of Sepr; 1786, the plaintifdeclared for a total lois, and offered in evidence the proteit of the captain, made at Alexandria, on the 22d  but it appearing that the captain, who had been taken up at fea _ from the wreck, had ar- rived at Newbury-Partin‘N¢w-England on the ¤2th`of Angry}, and paifed through PI:iIad¢@bia, on his way to Alexandria, bc- fore he made his proteit, the evidence was objefted to, the de·_ fendant infifiing that the proteft ought to have been made at theiirlt port, and cited 1 Dall. Rep. gv]. as in point. Levy contended, that where a proteft is offered to excufe the captai.n’s,condu&, more ilriétnefs might be required. In Wg/k. . 432. it is Rated, that the protelt muftbé made at any place, where the captain iirft arrives ; but if that be impjéle, he mult make proteit at any fubfequent port. Here the captain {tates. in his proteit, that he could not make it for want of money to . pay the fees ; he ioit every thing with the ve|l`eL 1I¤Kmx, Cl·ig" _71yfi¢¢·. Where there is no notary, a pro- telt may be made before a magiftrate. The excufe offered in this cafe, for not making the proteft at the Brit poft, would be a very iiimfy one, even if proved by indiiterent witneffes. Pro-, tefts are only admitted from neceility ; and the rule, which re-· quires that they {hould be made at the Erlt port, is a good one, to prevent abufes. If it‘ be not pmffimblc to make it at the firlt port, it muft be made at the next,. where it is praéticablc. ` This proteit, therefore, cannot bc received as evidence. - Ptsasnrrs, Adm’tor, verjiu Paunmtron, Adm’trix. Q 57[_ HIS was an aétion brought to recover a child’s {hare of /6 5- theinteIiate’s eilate. The densndant gave in evidence a re- i ' cenpt from the guardian of the child, for •• four thoufand Con- /6 K tinental Dollars” dated the 19th of Fzérumy, 1 780, while Conti- E g gg nental money was a legal tender, but depreciated fifty for one. E z56’U_pon this the guardian, (who was relcafed fo as to make him a x ug iliiintereited r an0.

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