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![handle is hein.slavery/ssactsengr0182 and id is 1 raw text is: BOLTON V. GLADSTONE
render it proper that the officer of the court should prejudge the question, and refuse
to let it pass. The premises intended to be conveyed had been devised by a will
which first gave an estate for life, with several intermediate estates of inheritance,
with the ultimate remainder over in fee ; but some of the limitations were so framed,
that it was very doubtful whether they gave merely an estate for life or any greater
estate, and the parties had been advised to levy this species of fine, because a fine sur
conusanee de droit might possibly work a forfeiture of some of the estates intended to
be conveyed, and so defeat their intention ; whereas a fine sur concessit would equally
pass an estate for years, for life, in tail, or in fee, as Mr. Cruise observes, On Fines, 65 :
but 2 B1. Com., to which he refers as his authority, does not enumerate the two latter
estates. Or such a fine may be levied, as Mr. Preston remarks in his work on con-
veyancing, 212, by the words, all and whatsoever other estate the party hath in the
premises. The effect of such a fine was much considered in the case of Piggot on the
demise of Lee v. The Earl of Salisbury, 2 Mod. 109. T. Jon. 68. 2 Lev. 154. 3 Keb.
321, &c. And though the Court came there to no decision upon the point, it seems to
have been considered that such a fine was good. [85] In the case of Lethieullier v.
Tracy, 3 Atk. 728, 730. Lord Hardwicke Chancellor, held that a fine sur concessit
might well pass a reversion in fee.
Cur. adv. vult.
On this day MANSFIELD C. J. observed, that West's Symboleography, which had
always been esteemed a book of authority, part 2, s. 127, contains a precedent of such
a fine in the words, quod prcedict. H. & M. concesserunt et reddiderunt tenementa
prcedicta cum pertinentiis praefato T. et heredibus suis, durante vita ipsius M. with
warranty of the same estate. In s. 63 a like fine is levied, with a grant of two terms
of years, if a life so long last, remainder for life, with the reversion over in fee.
HEATH J. observed, that anciently the courts would not permit such a fine, but
that in the cases cited on the motion, it was taken for granted in argument that such
a fine might be levied.
Rule absolute (a).
BOLTON V. GLADSTONE. June 20, 1809.
[S. C. in K. B. 5 East, 155. See De Mora v. Concha, 1885-86, 29 Ch. . 301;
11 App. Cas. 541.]
If it can be discerned on the face of the sentence of a foreign Court of prize, that the
Court condemned on the ground that the property was enemy's property, the
sentence is conclusive evidence in the courts here that the property was not neutral ;
-Although it appears on the face of the sentence that the prize Court attained that
conclusion through the medium of rules of evidence and rules of presumption estab-
lished only by the particular ordinances of their own country, and not admissible
on general principles.
This was a writ of error brought to reverse a judgment of the Court of King's
Bench. The Plaintiff below declared upon a policy of insurance, effected by the Plaintiff,
as agent, upon the ship Oxholme and her 86] cargo, both warranted Danish,
at and from the island of St. Thomas to the coast of Africa, during her stay and trade
there, and at and from thence to Surinam, with leave to call at Bermuda on her
outward passage, and to exchange goods and slaves with any vessels. The declara-
tion averred that James Hazzell, James Murphy, and R. D. Jennings were interested
in the ship and cargo to the whole amount insured ; that they were at the time of the
insurance, loss, and action brought, Danish subjects, and that the ship and cargo were
Danish ; the loss averred was a capture by persons unknown. Upon the trial of this
cause at Guildhall, a special verdict was found, which in substance stated,
That the Plaintiff, as the agent of Hazzell, Murphy, and Jennings, and on their
account, effected the policy in question, which was subscribed by the Defendant, upon
the ship Oxholme and goods. That the cargo was loaded on board the ship at the
island of St. Thomas for the voyage insured ; and that the ship Oxholme was at
the time of lading of the goods on board, and of the making of the policy, and until, and
(a) But see Seymour v. Barker, post, Mich. term, 1809,
1008
2 TAUNT. 85.](ViewImageLocal?handle=hein.slavery/ssactsengr0182&div=1&collection=&method=preview&ext=.png&size=3)