119 going from one port or bay of the said island to another, are not liable to be feized by the said British cruizers *." May 10th, 1780. WILLIAM WYNNE. ALEX. WEDDERBURN. Upon the subject of opinions, it is proper to premise the following observations. Giving the full weight of authority, the judgement pronounced is always to be confined to the par-ticular cafe ftated. No conclufion can be drawn either wayit cannot be decided, whether the counsel would or would not have given a fimilar opinion on any other articles; and therefore as there is no other grounds, on the one hand, to say that other merchandize, not the produce of the captured island, would have been held in the fame light; fo, on the other hand, it cannot be concluded that the counsel meant explicitly to exclude fuch other merchandize from the fame exemption. He confiders nothing but the inftance before him, and his opinion goes no further. The only rule is that, De iifdem, idem Jus.-See the book before cited, p. 49. CHAP. VII. Slaves, &c. Eftates tail, dower, regif. tering deeds, &c. &c. Eftate tail. Of Slaves-Eftates Tail-DowerRegiftering Deeds-Defcents-Dif tribution of Eftates-Conveyances, &c. &c. IN 'N fome of the Islands, States, and Provinces, negroes are confidered as perfonal eftate; in others of a mixed nature; and in others again are deemed real property. When they are confidered as real estate, they must be conveyed by deed, and that deed must be registered. The method of barring eftates tail, dower, &c. and registering deeds, differing very materially in the different Iflands, States, and Provinces, it will be neceffary for the practifer to confult their respective law codes. In most, if not in all, the United-States words which by the law of England confti tute of This is the law tute an eftate tail, are declared by act affemby to be confidered as fee fimple con- both in Virginia ditional at cmmon law, and confequently they have neither fines or recoveries. & New-York. When any perfon dies feized of lands, New-York. &c. without having devifed the fame in due form of law, and leaving more than one perfon lawful iffue, or without lawful How inheriiffue, the inheritance inftead of defcending to the heir at law, defcends as follows in the four following cafes. tances defcend, When there is lawful I. In cafe the perfon fo feized leaves First. feveral persons, lawful iffue, in the direct line of lineal descent, and all of equal de gree of confanguinity, to the perfon fo feized, the inheritance fhall defcend to the faid several perfons, as tenants in common, in equal parts, however remote from the perfon fo feized, the common degree of confanguinity may be. II. In cafe the faid perfon fo feized fhould die, leaving lawful iffue of different degrees of confanguinity to him, or her, the faid person fo feized, the inheritance defcends to the lawful immediate children of the said person so seized, as tenants in common, in equal parts; and in cafe any R of iffue of equal fanguinity. degree of con Secondly. iffueof different degrees of con Where lawful fanguinity. -Thirdly. Where without lawful iffue brothers, &c. hall inherit. Fourthly. Where nephews, &c. hall inherit. of the faid immediate children fhall die in the life time of the perfon fo feized, and leave lawful iffue, fuch iffue fhall inherit; if one person folely, and if feveral perfons as tenants in common, in equal parts, the fame eftate which would have defcended to his, her, or their parents, if fuch parents had furvived, fo that the eftate could agreeable to the rules of defcent thereby establifhed, have defcended to him or her, and the fame law of inheritance and descent is obferved in cafe of the death of the grandchildren, and other defcendants in the remoteft degree. III. In cafe the faid perfon fo feized fhall die with lawful iffue, leaving brothers, or a brother or brothers, and fifter or fifters of the whole blood, the inheritance fhall defcend to fuch brothers, or to fuch brother or brothers, and fifter or fifters, as the cafe may be, as tenants in common, in equal parts. IV. In cafe any such brother or fifter fhall die, leaving a lawful child or children, and in the life time of the perfon fo feized, fuch child or children fhall inherit; if a child folely, and if children as tenants in common, in equal parts, the fame eftate which would have defcended to his, her, or their father or mother, if fuch father or mother had furvived the faid perfon fo feized, and in all cafes of descent, not particularly provided for by this act, the common law fhall govern. › Provided that nothing herein contained fhall be conftrued to bar or injure the right or eftate of a husband, as tenant by the courtesy of England, or the right of dower, which a widow is entitled to. Provision in fa band or wife, vour of a huf. children how to inherit All pofthumous children, in all cafes what- Pofthumous sover, inherit in like manner as if they had been born in the life time of their respective fathers. All eftates for years, for more than How eftates for twenty-one years, of or in lands, tena- years, for more ments, hereditaments or real estates what- one years, are to defcend. foever, whether in poffeffion, reverfion, or remainder, by direct and immediate devise or conveyance, or by fettlement to use or ufes, are (ipfo facto) null and void from the beginning, and the estates and interefts (so severally and respectively attempted to be difpofed of and transferred) defcends according to this law, and the common law aforefaid. |