Page:United States Reports, Volume 2.djvu/15

This page needs to be proofread.

Fensmu. CoURT or APPEAL:. , ` It will be properin the conlideration of this objeélion to at- 178t. ¥ tend to the gth, rath and 13lll articles of capitulatian. M/VV I The gth article fays : " The abfent inhabitants, and fueh as · “ are in the fervice of Great Britain, {hall be maintained in the ¢¢ polfellion and enjoyment of their eltates; which {hall be ma- “ naged for them by their attornies." The rath article lays : “ That widows _and other inhabitants, “ who, through illnefs, abfence, or a.ny other impediment, cannot “ immediately {ign the capitulation, {hall have a limited time •¢ to accede to it." ‘ And the tgth article fays: “ The inhabitants and merchants . “ of this Illand included within the prefent capituladon, {hall. · “ enjoy all the privileges," Ste. . The faél: is admitted, that the cargo is the produce and growth _ of Dominica, and that the principal part of it belongs to Brityb iiibjeéts ; polfelling eltates in the Illand, but°non-relidents at the time of the capitulation It is objeéted, “ that with regard to_fucl1 non·relidents, the operation ofthe gth article extends no farther than to priotefli the eftates of fuch perfons from feizure and conlifcation, by the rights of conqueltg that the rzth article extends only to thofe who have acoeded to the eapitulation within the time limited, and that the tgth article extends only to fuch inhabitants and merchants as are included at the time of capitulation, and not to. non—relidents. To this it is replied,·“ `that by the rzth article abfentees may come in within a limited time and aceede to the capitulation, and that then they fall within the defeription of the rgth arti- cle, which fays, •• the inhabitants and merchants of this iiland, “ included within the capitulation, &c." V · ` . Upon thefe allegations and laéts, two queltions arife : ` ill:. Whether the claimants who were non-relidents and ab- _ - ` fentees at the time of capitulation have acceded to it ? ‘ 2d. Vhether having acceded to it, they come within the del`- cription of the 1 gth article, and are entitled to the rights and pri- vileges of trade there conceded P Ve have carefully examined all the bills of lading and the de- V politions annexed, and {ind that the property mentioned in each bill is proved, by the refpeétive depolitious, to he the property of , a Briiyb capitulant. Whether he perfonally, 0r_by attorney re- prefentatively, fubfcribed the capitulation, does not appear; nor do wc think it material, for the maxim is a true one, qui jwit . per u]E:1m,_/}u£tp¢·r_/2. ' It is proved by the depolitinn of Mr. Fitzgerald, that in the general lenfe and opinion of the people of the llland, the fub- tbription uf an attorney for his principal was fullicient, and Mr. · bl} zgrmfd mentions an inltancg where a principal was refufedtpy ie