Placentia Court Records Volume 1 1757-1786

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[Cover of book which is unreadable.]

 

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Placentia Tuesday September 13th, 1757

At court held this day a commission was read appointing John CHAPMAN Esq’r (Esquire) Deputy Governor of this district as follows

 

By Richard EDWARDS Governor and Commander in Chief in and over the island of Newfoundland in America the Fort and Garrison at Placentia and all other Forts and Garrisons erected and to be erected on that island

 

By virtue of the power and authority to me given by His Majesty’s letters made patent bearing date at Westminster the 27^th day of April in the thirty first year of the reign of our Sovereign Lord George the Second of Great Britain France and Ireland King defender the faith. I do hereby constitute and appoint you John CHAPMAN Esq’r to be my Deputy or Surrogate with full power and authority for you to assemble courts of justice within the district of Placentia and the ports adjacent to enquire into all such complaints as may be brought before you and to hear and determine the same to all intents and purposes as I myself might or could do by virtue of the power and authority vested in me.  You have likewise power to seize and detain in order to proceed

 

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to condemnation of all unacustomed (sic), prohibited or run goods that may be found in the district aforesaid or the ports adjacent.  And I do likewise give and grant unto you the said John CHAPMAN Esq’r full power and authority to administer the several oaths to any person or persons you shall think fit agreeable to the several Acts of Parliament in that behalf and I do strictly enjoin and command the Justices of the Peace all officers civil and military and all other His Majesty’s liege subjects to be aiding and assisting unto you the said John CHAPMAN Esq’r and to obey and put in execution all such lawful orders you shall give unto them as I myself might or could by virtue of the power and authority invested in me given under my hand and seal at St. John’s this 5^th day of September 1757 and in thirty first year of His Majesty’s reign.  By command of the Governor     

 

(signed) R’d EDWARDS    

(signed) Wm HORNBY

 

Tuesday September 13^th 1757

 

Present John CHAPMAN Esq’r

Andrew LEMERCIER and Sam’l SPRATT Esq’rs Justices of the Peace

 

Petition of Ann ORCHARD against Richard WELSH for assaulting and beating her in the year 1755 but it appearing that the petition was unjust and without foundation the defendant was accquited (sic)

 

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Petition of John BURN against Richard WELSH desiring he might be paid his wages agreeable to his shipping papers order’d that Mr. WELSH should pay said BURN

 

Petition of the Inhabitants in general of Placentia against Sam’l GOODALL setting forth that s’d GOODALL had inclosed (sic) almost all of the common land to the great detriment of the afores’d Inhabitants order’d that said GOODALL take down his encroaching fence immediately.

 

Complaint of Jn’o CLARKE against Rich’d WELSH relating to a note of hand and it appearing the note was due the same as it was order’d to be paid.

 

Complaint of Anstis SHEA against Jn’o TANNER for refusal of payment of a note of hand for £1/5/ for a chest sold TANNER it appearing that TANNER was not able to pay the note he was ordered to return the chest to said Anstis SHEA

 

Complaint was made by BURKE against BUFFETT for not paying his note Capt TROTH undertakes to pay as much of the note as he has money of BUFFETT’s in his hands.

 

Petition of Honora MORRISEY against Stephen HAYES for the payment of a note of hand for £1/7/ said MORRISEY agreeing to take £1/0/ 0 for the whole debt, it was oder’d that s’d HAYES should pay the note immediately

 

Moses FREEMAN produced his licence for keeping an ale house it appearing that s’d FREEMAN was a sober industrious man his licence was accordingly renewed.

 

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Richard SPRAGG produced his licence for keeping an ale house it appearing that s’d SPRAGG was a sober industrious man his licence was accordingly renewed.

 

Wednesday Sept’r 14^th, 1757

 

Petition of George LACEY against Robert VIGURS relating to a lease (granted by LACEY to VIGURS) for a house at £8 p’r ann but in consideration that the house was not compleatly (sic) fitted according to agreement it was agreed that VIGURS would pay LACEY £4 for this year and £ p’r ann for the remainder of the lease and said VIGURS to keep it in repair.

 

 

Petition of Richard SPRAGG against Edw’d KELLY for the loss of a skiff belonging to s’d SPRAGG. Determined that McGRATH master to s’d KELLY and others should go in quest of s’d skiff and make good whatever damage she may have receiv’d.

 

Petition of Jn’o BARRETT relating to six french prisoners running away with his shallop and praying that satisfaction might be made him determined that he must abide by the loss.

 

Petition of Robert KEATING desiring he might be permitted to go to Halifax. Determin’d he must not go.

 

Petition of Jn’o SHAHINSEY desiring he might be permitted to go to Halifax determin’d he must not go.

 

Petition of Martin MORRISS praying a breviate might be granted him for a piece of ground which he has improved and enjoy’d the quiet possesion (sic) for many years.  It was order’d that should continue in the quiet possession of the same.

 

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Petition of Richard ALLEN desiring he might be permitted to go to Halifax determined he must not go.

 

Thomas KENNEDY produced his licence for keeping a Publick (sic) House.  It appeared that s’d KENNEDY was a sober honest man his licence was accordingly renewed.

 

Mary CLARKE produced her licence for keeping an Ale House.  It appeared that s’d CLARKE was an  honest industrious woman her licence was accordingly renewed.

 

Thursday Septem’r 15^th

Petition of Elisha NOWLAND against Richard WELSH relating to a whale drove ashore said NOWLANDs premises, but in consideration of the great expense and trouble s’d WELSH was at in procuring the blubber &c and it was determin’d that the Neat profit arising from the produce of the whale (amounts to £ 14/6/0/) should be equally divided between them.

 

Petition of John BRAND against Jn’o MILLER for payment of a bill of £16/6/6/ dated in the year 1749 but it not appearing just it was rejected.

 

Petition of Jn’o COCKSEDGE against Timothy KEEF (KEEFE) in behalf of Edw’d McCARTNEY relating to a lease of a house rented by s’d McCARTNEY to keep for the term of seven years which lease McCARTNEY denied he had granted KEEF (KEEFE) being order’d to produce the lease said he unfortunately has lost it but producing Jn’o McGRATH as a witness to s’d lease he was sworn and deposed that he was a witness to the s’d lease and to the best of his knowledge was for the term of seven years it was therefore determined that KEEF (KEEFE) has a right to let the house for three years being ye remainder of the lease. 

(signed) Jn’o CHAPMAN

 

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Thursday, Sept’r 15^th, 1757

 

Whereas it has been too much the practice of this harbour to sell spirituous liquors on the Lords day to the great disturbance of the peace of our Soveriegn (sic) Lord the King.  This is to give notice to all Ale House keepers that they shall not presume to vend any strong liquors on the Lords day on pain of being prosecuted to the utmost rigour of the law.  

 

(signed) Jn’o CHAPMAN

 

Sir

We the Justices of the Peace for this district having duly considered of the necessity of having a proper goal (sic) stocks and for confining and deterring all the persons who may break the peace of our Soveriegn (sic) Lord the King and committing felonious Actions.  According to the injunctions laid on us for conserving the peace (especially on the Lords day) do think it is highly necessary in order to accquit (sic) ourselves of our duty as Magistrates that a sum of money to defray the expense of building a goal (sic) stocks and should be raised in order to which we think that every person who keeps boats should pay for each boat five shillings and every man both fisherman and shareman two shillings and six pence each fish payments to be stop’d out of their wages by their several masters and merchants and put into the hands of whom you may think proper to receive the same and the persons so receiving it to be accountable for the proper expenditure of the money. We beg leave to represent to you sir the above in hopes that if you shall think it just and reasonable you will be pleased to give your orders therein.  We are with great regard Sir your most Obed’t Humble Servants

 

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Sir your most obed’t humble servants.

And’w LEMERCIER      

Samuel SPRATT    

Jn’o HADDOCK

 

Placentia Harbour Sep’t 14^th 1757

 

To Jn’o CHAPMAN Esq’r   Deputy Governor &c

 

Whereas you have represented to me that it is necessary there sh’d be raised a sum of money to defray the expence of building a goal (sic) &c as particularly mention’d therein I do approve of the method proposed by you and do hereby confirm the same and do order every person who keeps shallops to pay for every boat 5 shillings and every man both fisherman and shareman to pay 2/6/ each (fish payment) to be paid into the hands of And’w LEMERCIER Esq’r to defray the publick (sic) expense of the distribution as set forth in the s’d letter to me given under my hand at Placentia the 15^th of September 1757.  

(signed) Jn’o CHAPMAN

 

To the Justice of the Peace for the District of Placentia

 

To Jn’o CHAPMAN Esq’r   Deputy Governor of Placentia &c

 

The humble petition of Jn’o HADDOCK and the rest of the inhabitants of Little Placentia sheweth (sic) that the keeping publick (sic) houses in Little Placentia is a great detriment to the fishery and also to breaking the Sabbath we humbly hope your Honor will take it into consideration and put a stop to the same.

 

And your petitioner as in Duty Bound will pray

Placentia Sep’t 15th 1757

 

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By Jn’o CHAPMAN  Esq’r Deputy Governor for the district of Placentia.

 

Whereas you have represented to me that the keeping Publick (sic) Houses is attended with the utmost ill consequences you are therefore strictly required and directed not to admit of any licenced Publick (sic) Houses in your district and to cause notification to be fixed up in the most publick (sic) places setting forth that any person or persons who run in debt for liquors at a publick (sic) house shall not be liable to pay those debts and for all persons strictly to observe the Lords day and I desire you will use all possible means in your power to discourage drunkenness and profaneness as the good government and welfare of this Island greatly depends thereon.  Given under my hand at Placentia the 15^th day of Septem’r 1757.

 

To Mr Jn’o (John) HADDOCK Justice of the Peace for the district of Placentia

 

Friday Septem’r the 16^th 1757

 

James BUTLER produced his licence for keeping an Ale House it appearing that s’d BUTLER was a sober industrious man his licence was accordingly renewed.

 

Jn’o MCGRATH was ordered to produce his licence for keeping a Publick (sic) house but declared he had lost it and desiring to have a new licence granted him it was rejected.

 

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Friday September the 16^th 1757

 

It being thought highly necessary in these times of danger to administer the Oaths of Allegiance to the inhabitants of the district of Placentia and the places adjacent the Oath of Allegiance was accordingly administer’d.

 

Richard SPRAGG, Moses FREEMAN and Richard ALLEN were appointed Constables for the year ensuing & took the oaths accordingly.

 

To all whom these presents shall come I Margaret LAMB now of the City of Waterford in the Kingdom of Ireland had been for some time past an inhabitant in Little Placentia in the Island of Newfdland (sic) do send greeting know ye that I the said Margaret LAMB for and in consideration of the love, good will and affections I have made and to bear towards James & Thomas LAMB both children of William & Mary LAMB of Great Placentia in the Island of Newfdland (sic) aforesaid have given granted and by those presents do give and grant unto the said James & Thomas LAMB their Heirs, Executors, Administrators and Assigns for ever all and singular the plantation with all the appurtenances thereunto belonging situate lying & being in the southward part of Great Placentia aforesaid in as large ample and beneficial a manner as the same was conveyed to me by virtue of a bill of sale from Mrs. Jane GROSSARD of Great Placentia aforementioned as by the same will appear the said plantation is now in the actual quiet peaceable possession of the said William LAMB who is now to reside their (sic) during the pleasure of the aforesaid James & Thomas

 

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Thomas LAMB and no longer in witness whereof I have hereunto set my hand and seal at Waterford this first day of March one thousand seven hundred and eighty seven. 

 

(signed) Margaret LAMB

 

Signed sealed and deliver’d in the presence of us     

 

(signed) Patrick MOONEY

(signed) Jn’o POWERS

 

Monday August 28^th 1758

 

At a General Court held by John CHAPMAN Esq’r Deputy Gov’r  to Richard EDWARDS Esq’r  Gov’r of the Island of Newfoundland &c

 

The commission of John CHAPMAN Eqs’r was read.

 

The petition of Ann LAKE setting forth her being beat up by her servants viz Pat CONROY, Mau’ce FRANCIS, Jn’o POWER, Jn’o FRANCIS, James HICKEY & William CLANCY.

 

A Constable with a warrant sent to seize the bodys of the above servants and bring them to justice.

 

Petition of Law’ce KELLY setting forth that Edw’d McCARTHY Armourer at St. John’s is indebted to him the sum of thirteen pounds fish payment McCARTHY not being here the matter refer’d to St. John’s

Tuesday August 29

 

Complaint of Ja’s PAGE against Rich’d WELSH for his refusing to ballance (sic) account. Order’d Mr WELSH to settle immediately.

 

Whereas it appears to the Court that the keeping more than three Publick Houses in Placentia is an obstruction to the fishery it was thought proper to take away Ja’s BUTLERs licence  Tho’s KENNEDY produced his licence for keeping Publick House it appear’d that the said KENNEDY was a sober industrious man his licence was renewed for one year.

 

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Tuesday August 29^th 1758

 

Maurice FREEMAN produced his licence for keeping a Publick house it appeared the said FREEMAN was an honest industrious man his licence was renewed for one year.

 

Richard SPRAGG produced his licence it appeared the said SPRAGG was a sober industrious man his licence was renewed for one year

 

Wednesday 30^th

 

Petition of Cha’s COOK against Sam’l GOODALL relating to a note agreed on between his father Luke GOODALL and Charles COOK.  The complaint appear’d unjust it was rejected.

 

Thursday 31

 

Complaint of Rob’t VIGUERS against Rich’d TREMLETT of his refusing to pay the ballance (sic) of accounts, likewise against Will’m PARRADIE for rescuing the said TREMLETT when he was in possession of the above VIGUERS

  

Granted the s’d VIGUERS a warrant to bring into this place the bodys of Tho’s PARRADIE and Rich’d TREMLETT to answer the above complaint.

 

Friday Sept 1^st

 

The memorial of James PAGE desiring a Breviate for a piece of land left him by John BRAND-----Granted

 

            Mem Sept. 5th.  The affair of VIGUERS against PARRADIE & TREMLETT was settled in present of Mr. EDGECUMBE & myself to the parties satisfaction.  PARRADIE has undertaken to pay VIGUERS the amount of his account against TREMLETT being £19/ including 10/ court charges

 

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By John CHAPMAN Esq’r Deputy Governor to Richard EDWARDS Esq’r Governor of the Island of Newfoundland &c

 

Upon a petition this day to me preferr’d by James PAGE desiring a Breviate for a piece of ground situate on the beach in Placentia on which there is now a house erected which house was built by Jn’o BRAND and for which he had a former breviate from Capt Edw’d JEKYLL but by some accident it is lost or mislaid.

 

I do therefore by the power and authority to me given grant unto the said James PAGE his Heirs, Executors Administrators and Assigns for ever all that piece of ground situate on the beach aforesaid which he now occupies and enjoys and which by the records to me plainly appears was property for a valuable consideration transferred over by Jn’o BRAND to said James PAGE measuring in length two hundred and ten feet and in breadth eighty feet and the peaceable and quiet possession of the same without the least hindrance or molestation and all and every person are hereby forbid to give and distribute therein as they will answer the contrary.  Given under my hand and seal at Placentia this first day of Septem’r 1758

(Signed) John CHAPMAN

 

 

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Saturday, Septem’r 2’d 1758

 

The petition of Robert GREEN against Richard WELSH relating to a house occupied by WELSH which GREEN claims. Tis the opinion of the court that Mr. GREEN’s claim to the s’d house is not clear therefore defer’d it till Mr. GREEN’s papers come from England.

 

The court open.  Present John CHAPMAN Esq’r

 

Andrew LEMERCIER

Robert EDGECUMBE   Esq’rs  Justices of the Peace

 

The court proceeded to enquire (sic) into the affair of Ann LAKE.  John CLARK maketh oath that he never saw CONROY.  Mau’ce FRANCIS  John POWER or John FRANCIS beat Ann LAKE but that he saw her with marks of great violence on her and that she said that James HICKEY had beat her with a double rope that he have heard they behaved very troublesome to their masters.

 

John PHILLIPS deposeth that he saw CONROY take Ann LAKE by the arm swing her round and throw her down that he saw Ann LAKE with her lips swell’d that she said Ja’s HICKEY had beat her that he heard Ann LAKE say that she would take a false oath at anytime (sic) for the luere (sic) of gain.

 

Joseph JACOBS about seventeen deposeth that he saw CONROY swing Ann LAKE by the arm throw her down and scratch’d her arm that he saw Mau’ce FRANCIS strike her & Jn’o FRANCIS wrest her arm round.  Alex’r ROACH deposeth that he saw John POWER hauling Ann LAKE by the arms and threatened to strike her which he presented by disengaging him from her              turn over

 

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Afternoon

 

The court after examining the above witnesses and making a strict examination of the parties found the complaint to be just therefore came to the following determination

 

By Jn’o CHAPMAN Esq’r   Deputy Governor to Rich’d EDWARDS Esq’r  Governor of this island Newfoundland

And’w LEMERCIER

Rob’t  EDGECUMBE  Esq’rs Justices of the Peace

 

We do therefore adjudge Mau’ce FRANCIS, Pat’k CONROY, John POWER and John FRANCIS to pay unto the s’d George and Ann LAKE the several sums following as satisfaction for the s’d assault and ill treatment aforesaid

 

From Pat’k CONWAY £5 fish payment and 2 quint’s fish

From Mau’ce FRANCIS £6 fish payment

   “     John POWER £2/9/10 bill

   “     John FRANCIS £4 fish payment

 

This is the determination of the court and that George LAKE shall give the above mention’d parties the ballance (sic) due to them as appears by the shipping papers in good bill of exchange

 

(signed) Jn’o CHAPMAN

 

Saturday Septem’r 2’d 1758

 

Whereas at a Court held this day it appears to me that on the complaint of George LAKE Planter of Paradise against several of his servants of ill usage and John POWER one of them proving extremely culpable I do hereby order that if the said POWER

 

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POWER shall ever produce any shipping papers against the said LAKE that is nor never can be of any force or effect he having rec'd of the said LAKE Goods and a valuable consideration for the whole Including his fine at Court settled this day by me. Given under my hand at the Court House at Placentia this 2'd day Sept'r 1758.

                                                        

(signed) Jn'o CHAPMAN

 

Placentia 2'd October 1758

 

On complaint this day made to us by John CLARK that he supplied George LAKE with bait to the value of Seven pounds fish payment for which he has no manner of payment or Satisfaction and that Mr. Benj'n LINTHORN has Received and taken into his Custody the fish which was caught with the said bait and refuseth to pay for the same.

 

We have on hearing all parties consider'd the promises and as it is the Custom of the fishery here that the bait should always be first pay'd for and Mr. LINTHORN having acknowledged the reciept (sic) of the said fish and the said fish John CLARK having made oath before us that the said Benj'n LINTHORN promiss'd to satisfy him for the said bait. We are of opinion and do hereby order the said Benj'n LINTHORN to pay the said John CLARK the said sum of seven pounds fish payment for the said bait so sold and delivered as aforesaid as he will answer the contrary at his peril. Given under our hands at Placentia aforesaid the day and year above written.

 

(signed) And'w LEMERCIER J.P.                                                                                                    

(signed) Rob't EDGECUMBE

 

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Memorandum

 

          For any of the trade from Newfdland bound to Oporto or Viannah (sic) the signal settled by the Governor & Captains of the men of War cruizing off there is for the Merchant Vessels to hoist their Ensigns at their main top gallant mast Head which will be answered by the cruizers off there with a  Dutch Ensign at the foretop Gallant mast head when they will know each other. Dated at St. Johns July 22'd, 1759. 

(signed)  Rich'd  EDWARDS

 

N.B.

You are to be sure to destroy this in case of being taken.

By command of the Gov'r.              

                                                                                                                                                                                                                                                                                                                                                                             (signed) W. HORNBY

 

                                                         Great Placentia  Oct'r 15 th, 1759

                                   

A General Court of session held ---- no Complaints.  Adjourned to the next day at ten of the clock in the forenoon

16th No complaints adjourned to friday ye 17th at ten in the forenoon.

 

19th Received a complaint of the inhabitants of several of the soldiers Viz. HICKEY Charles COOK & LEARY's selling liquors. Resolved to address the L't Governor for suppressing them.

 

Samuel GOODALL sworn Constable for one year from the date hereof.

William HOGAN sworn Constable for one year from the date hereof  Rich'd SPRAGG continued

 

Adjourn’d to the next quarter or next summons

 

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Know all men that I Sam’l SPRATT, of Poole in the County of Dorset and Kingdom of England Merchant but now residing at Placentia in Newfoundland for and in Consideration of the sum of twenty seven pounds of lawful British money by Capt’n John DOVERS of the Royal Regiment of Artillery Quarter’d in Placentia aforesaid to me the said Sam’l SPRATT at or before the sealing and delivery hereof, in hand well and truly Contented and payed the Reciept (sic) whereof I do hereby acknowledge have granted Bargain’d and sold and in and by these presents do grant, bargain and sell unto the said John DOVERS all that piece or plott (sic) of ground by me lately picketted in Containing Sixty feet in breadth and one Hundred feet in Depth or thereabout on which a Dwelling house lately stood and was in the Possession of Mr Richard BALDWIN and is Situate near the waters edge in this Harbour adjoining to the house in which Edward MEDCALF Serg’t in the said ‘DOVER’S Company of Artillery now dwelleth To have and to hold unto the said Capt’n John DOVERS his heirs and assigns for ever and that free and clear of all incumbrances whatsoever.  And I the said Sam’l SPRATT do hereby for myself my Heirs , Executors, and Administrators, Covenant promise and grant to and with the said John DOVERS his Heirs Executors Administrators and assigns that it shall and may be lawful for him the said John DOVERS his Heirs 

                                                                                                                                    turn over

 

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Heirs and assigns forever quietly and peaceably to hold and enjoy all and Singular the granted and sold premises with the appurtenances and part and parcle (sic) thereof without the lawful Pett suit hindrance molestation and denial of any person or persons whatsoever In Witness whereof I have hereunto set my hand and seal this fourth day of October, in the thirty third year of the Reign of our Soveriegn (sic) Lord George the Second of Great Britain, France & Ireland King Defender of the faith and so forth and in the year of our Lord 1759                           

 

(signed)  Sam’l SPRATT

 

Seal’d and deliver’d at Placentia           

aforesaid / as here no stampt paper)                   

is to be had / in presence of                   

(signed) Geo.  FEAD

(signed) John GREEN

 

Inrold (sic) this 21st day of January 1760

 

(signed) P Robt EDGECUMBE

 

 

Great Placentia Sept’er 15th 1760

 

Be it Remember’d that on the abovemention’d day and year Robert VIGUERS of St Peter’s in Newfoundland, Joseph BLAKE & Edw’d MULROY of St Peter’s aforesaid did in their proper persons appear before me one of His Majestys Justices of the peace for this district and did then and there severally acknowledge themselves to be indebted unto his Majesty George the Second King of Great Britain in the sum of

 

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of one hundred pounds sterling each to be levied on their and other of their several goods and chattles[sic] lands and tenements, in case they do not severally appear before his Majestys Justices of the Peace at their next general sessions of the peace to be Holden at St Johns in Newfdland aforesaid then and there to give evidence of what they severally know touching the matter of one Alex’r MCKOWN(?) suspected to have been comitted (sic) by James SHAKINSEY Edw’d GRANDY John CURTIN & James WELSH commonly called great James. But on their several appearances and giving evidence as aforesaid the above recognizance is to be void else to remain in full force.

 

(signed) Rob’t VIGUERS

 

Taken the day & year above

Written before me

(x the sign of) Jos BLAKE

(x the sign of) Edw MULROY

 

(signed) Rob’t EDGECUMBE J.P. for this district

 

Minutes of A General quarter sessions held this 2d Oct’r 1760 for the District of Placentia

 

The petition of Rob’t VIGUERS read & granted

 

Gov’r WEBBs Order for a tax for repairing the court house goal (sic) and ordered to be enter’d

 

The petition of Walter MURPHY complaining of his servants having neglected his service & of their having abused & struck him

 

Ordered that Jn’o HARTINGTON be fined £3 for striking his master

 

Patrick GLOUGHLAN £2 for disobeying his masters orders & neglect of duty that s’d MURPHY may stop the above sums out of their respective wages

 

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By James WEBB Esq’r Governor and Commander in Chief in and over the Island of Newfoundland the Fort and Garrison at Placentia and all other Forts & Garrisons Erected or to be Erected in that Island.

 

By virtue of the power and authority to me given by his majesty’s letters made patent bearing date at Westminster the nineteenth day of May in the thirty third year of the reign of our sovereign lord George the second of Great Britain, France & Ireland King Defender of the Faith &c I do hereby constitute and appoint you W’m BROWNE Esq’r to be my deputy or surrogate with full power and authority for you to assemble courts within the District of Placentia, Trinity, Ferryland, Bonivista[sic] and the ports adjacent to enquire into all such complaints as may be brought before you and to hear & determine the same to all intents and purposes as I myself might or could do by virtue of the power and authority invested in me you have likewise power and authority to seize and detain in order to proceed to condemnation all unacostamed[sic] prohibited or ran goods that may be found in the district aforesaid or the parts adjacent And I do likewise give and grant unto you the said William BROWNE full power and authority to administer the several Oaths to any person or persons you shall think fit agreeable to the several Acts of Parliament made in that behalf, and I do strictly enjoyn[sic] and command the Justices of the peace all officers civil and military and all other His Majesty’s liege subjects to be aiding And

 

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And assisting unto you the said Wm BROWNE and to obey and put in Execution all such lawful Orders you shall give unto them as I myself might or could do by Virtue of the Power and Authority invested in Me

 

Given under my hand and Seal at St Johns the 6^th July 1760

 

(signed) James WEBB

By Command of the Governor J’s HAY

 

By James WEBB Esq’r Governor and Commander in chief in & over the Island of Newfdland(sic)

 

Whereas it is represented to me that the Court House Goal (sic) &c in this town of St Johns is now gone to repair and that the expense of maintaining and Keeping the same (hole in page) traders and inhabitants here without the assistance of the other parts of this Island and as all criminals are sent from Other Harbours to be Confined here til they are tryed (sic) and Punished or acquitted and the Constables and other Officers are obliged to attend the Courts without any allowance for the same to their Great prejudice and loss especially in the fishing season And as the inhabitants of Ireland come over to this Island and trade &c Carry on the Fishery here without interruption or bearing any part of the public expense in the same Manner as the British boat keepers who are qualified by Act of Parliament

I have thought fit to impose a tax on such Irish persons as trade or Reside on this Island        turn Over

 

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Island in the Manner following that is to say on every such person as Carry’s on any trade or Merchandize in this Island the sum of twenty shill’gs on every such Boatkeeper five Shillings and on every other Irishman the Sum of One Shilling to be Levied towards defraying the Publick charges in this place above mention’d And his Majestys Justices of the Peace Constables and other Officers in their several Districts or Harbours are hereby Ordered and Required to Collect the taxes as above Paid and to ye Treasure in this place to be disposed of for the Maintenance of the Court house Goal (sic) Prisoners &c and such other Publick expenses as may be thought necessary and such who refuse to comply with the above order their Effects will be Seized for (hole in page) the tax Layed (sic) on them, as Also the expense of such Officers (water damage) who shall be employed in putting this Order in execution as likewise to pay what fine shall be thought proper for their (hole in page) this order

 

Given under my hand at St Johns the 23^rd Sept 1760

 

(signed) James WEBB

By Command of the Governor

J’s HAY

 

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Adjourn’d to the next Day

October the 3^rd, 1760

 

The Court sat but there being no Complaints Constables were Sworn for one year from the above date vizt.  Wm HAGAN Saml GOODALL & Christopher ST. CROIX

 

A Licence for selling liquor &c was granted to Cris’t ST. CROIX & those to Thos KENNEDY.  Rich’d SPRAGG, Ja’s. ROACH and James BUTLER were renewed.  No more business the Court adjourned to the Next Summons.

 

By William BROWNE Esq. deputy Gov’r in & Over the Island of Newfdland

 

Whereas Robert VIGUERS a Subject of Great Britain had Applied to me for a grant of a piece or spot of ground lying in St. Peters facing the road and bounded in by two ponds lying about North & South in length two Hundred & fifty yards and East and West one Hundred yards And appearing unto me that the above premises have been unoccupied for thirty years last past, and the said Robert VIGUERS, John, George & Lewis VIGUERS, his Brothers having from an useless spot improved the same at a very considerable expence (sic) I do by virtue of the power And authority to me given by James WEBB Esq. governor in & over the Island of Newfoundland grant unto the said Robt VIGUERS

turn over

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John VIGUERS, George VIGUERS and Lewis VIGUERS jointly and their joint Heirs and Assigns for ever the whole and sole right and property of the Above mentioned premises and every part thereof  Provided no former grant for the same shall appear and all persons are hereby strictly forbid from giving them the said Rob’t VIGUERS, George VIGUERS, Jn’o VIGUERS and Lewis VIGUERS or either of them their or either of their Heirs or Assigns if no prior grant for the same shall appear as is above mentioned  any Disturbance in the peaceable possesion (sic) of the same In witness whereof I have caused this grant to be registered in the records of Placentia Given under my hand & seal this Second day of Octo’r in the thirty fourth year of the reign of our Soveriegn (sic) Lord George the second by the Grace of God of Great Britain & King Anno Domini 1760

 

Recorded in publick Sessions

(Signed) William BROWNE

P’r Rob’t  EDGECUMBE

 

Great Placentia May 18^th 1761

Recognisance taken from Mr. Simon HONEYBURN of Little Placentia for said Simon HONEYBURN’s Keeping the Peace for one whole year from the Date hereof and for his appearing at the next general sessions of the peace to be held here to answer the Complaint of Margar’t, the wife of Thomas LAMB of Little Placentia aforesaid planter.

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Simon HONEYBURN bound in ₤40 “_” Sterling

Benjamin CORBIN                   40 “_”

Abraham GOODIN                   40 “_”

 

Margaret LAMB bound to prosecute the s’d Simon HONEYBURN at the next session

Margaret LAMB bound in ₤40 “_”

 

Memorandums, the above recognissances (sic) are withdrawn

R.E.

 

August 20^th 1761

Be it recorded that Patrick CONWAY in consideration of ten pounds has granted and sold unto George LACEY the eastern part of his storehouse in Great Placentia reaching to the [torn page] beyond the door of said storehouse being the south [torn page] from the [torn page] the end and next [torn page] harbour to hold for the term of the natural lives of the sons of Geo LACEY and Joan his wife.

 

Attested Robt EDGECUMBE   

August 1761

 

Be it [damage] said Patrick CONWAY [damage] house [damage] house the back [damage] beach [damage] his Exl'cy Admiral [damage] at the [damage] pounds [damage] the 1^st Sept 1763 the two first years ten to that from having been a [damage]

 

Advanced & payed (sic)

Attested Rbt EDGECUMBE

 

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March 3^rd 1762 the affidavits of John DOSER and Dennis COULTON for their faithful service to Mr. Rich'd WELSH for this next summer, recorded

 

Governor's Commission

 

George the third by the grace of God of Great Britain, France & Ireland King Defender of the faith &c To our trusty and well beloved Thomas GRAVES Esq’r  Greeting. Whereas we did by our letters patent under our great seal of Great Britain bearing dare at Westminster the sixth day of May 1761 in the first year of our reign constitute and appoint James WEBB Esq’r to be our Governor & Commander in Chief in and over our Island of Nfdland (sic) in America our fort and garrison at Placentia and all other forts and garrisons erected or to be erected in that island for and during our will and pleasure as by the said letters patent relation being thereunto had may more fully and at large appear Now know you that we have revoked, determined & made void and by these presents do revoke determine and make void the said recited letters patent and every clause, article and thing therein contain'd and we reposing especial trust and confidence in the prudence, courage and loyalty of you the said Thomas GRAVES Esq’r of our special grace, retain knowledge and meer (sic) motion have thought fit to constitute and appoint and by these presents do constitute and appoint you the said Tho’s GRAVES Esq’r to be our governor and commander in chief in and over our said

 

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Island of Newfoundland over Fort and garrison of Placentia and all other forts &c. Garrisons erected or to be erected in that Island and we do hereby require and command you to do and execute all things in due manner that shall belong to your said command and the trust we have reposed in you According to the several powers and directions granted or appointed you by this present commission and the instructions either herewith given you or by such further powers, instructions or authorities as shall at any time hereafter or by our order in privy council. And we do further give and grant unto you the said Thomas GRAVES full power and authority from time to time and at all times hereafter by yourself or by any other to be authorized by you in that behalf to administer and give the oathes mentioned in an Act passed in the first year of the reign of King George the first entitled an Act for the further security of his majesty’s person & government and the succession of the Crown in the Heirs of the late Princess Sophia being protestants and for extinguishing the hopes of the pretended Prince of Wales and his open and secret abettors to all and every such person & persons as you shall think fit who shall at any time or times, pass into our said Island or shall be resident or abiding there. And we do by these presents given and granted unto you full power and authority to constitute and appoint judges ---

 

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Judges and in cases necessary commissions of Oyer and Terminer for the hearing and determining of all criminal causes, treason excepted according to the law. And for awarding execution thereupon with all reasonable and necessary powers and authorities fees and privileges belonging thereunto justices of the peace with other necessary officers and ministers for the better administration of justice and keeping the peace and quiet of this Island which justices of the peace so authorized may shall hold & keep general quarter sessions of the peace in such places as you shall appoint according to the custom of this part of Great Britain called England and to adjourn such sessions from time to time & from place to place as shall be most convenient & necessary for the peace & welfare of our subjects inhabiting there provided neither you nor they do anything by virtue of this commission or the powers hereby granted Contrary or repugnant to the act for encouraging the trade to Newfoundland passed in the 10th & 11th years of the reign of King William the third nor any way obstruct the powers hereby given and granted to the admirals of Harbours or Captains of our ships of war or any other matter or thing other prescribed by this act for by such instructions as you shall receive from us as aforesaid and we do hereby give and grant unto you full power and Authority ---

 

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Authority in here you shall see Cause or shall judge any Offender or Offenders in Criminal Matters or for any fines or forfeitures due unto us fit Objects of our Mercy to pardon all such Offenders and to remit all such Offences, fines and forfeitures, Wilful murder only excepted in which Case you shall likewise have power upon Extraordinary Occasions to grant Reprieves to the Offenders Until & to the intent that Our Royal pleasure may be known therein And all such Justices of the peace and their inferior Officers & Ministers whom you or they shall appoint amongst the planters or inhabitants residing or abiding there are strictly required and enjoined in all cases & times whensoever Necessary to be aiding and assisting to the utmost in their powers to the Commodore or Commander of our ships of War & to the several Admirals in their Respective harbours in putting in Execution the several good Rules and Orders prescribed by the said Act for encouraging the trade to Newfoundland And provided also that no person or persons so by you Appointed to be justices of the Peace as aforesaid or other Officers and Ministers belonging & Appertaining unto them do presume or be Suffered to act in such office or place Until he or they have taken the aforesaid Oaths mention’d in the said act for the further security of his Majesty’s

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Majestys Person and goverment [sic] and the succession of the Crown in the Heirs of the late Princess Sophia being protestants and for Extinguishing the hopes of the Pretended Prince of Wales and his open and secret abettors as also made and subscribed the Declaration mentioned in an Act of Parliament made in the 25^th year of the reign of King Charles the second Entitled an Act for preventing Dangers which may happen from Popish Recusants and also to take such proper Oath or Oaths as are usually taken in this Kingdom by Persons Executing such Offices and trusts which Said oaths and Declarations you shall administer and give or cause the same to be administer’d and given to all and every person or persons who ought to take the same According to the laws and Customs of this Kingdom And we do hereby give and grant unto you the said Tho’s GRAVES full power to Erect appoint & set apart one or more Convenient Court House or Court Houses for the more Orderly Meeting of such Justices of the Peace in Order to hold such their Quarter or Other Sessions with a Convenient Prison adjoining thereto for the keeping of such Offenders as may be found necessary to be Committed to safe Custody until such Court or Sessions can conveniently be held for trying and delivering Offenders against our laws and the peace of Our Subjects And we do hereby Require and Command all Officers Civil and Military And

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And all other inhabitants of Our Said Island to be Obedient, aiding and assisting unto You in the execution of this Our Commission of ye Powers and Authorities herein Contain’d            and in Case of your death Our Will and Pleasure is that the person upon whom the Command of Our Ships of War under your Command shall devolve to take upon him the administration of the Government of our said Island and execute our said Commission & instructions and the several  powers and authorities therein contain’d in the same Manner to all intents and purposes as you our said Governor & Commander in Chief might or aught to do for and during our Will and Pleasure and we do hereby declare, Ordain and Appoint that you the said Tho’s GRAVES shall and may hold execute & enjoy the place of our Governor and Commander in Chief in and over our said Island of Nfdland with all and singular the powers And authorities hereby Granted unto your for and during our Will and pleasure In Witness whereof we have caused those Our letters to be made patent Witness ourselves at Westminster the 29^th day of May in the first year of our reign

 

By writ of Privy Seal.

YORK & YORK

(A Copy)

 

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Court of Sessions Placentia 21^st September 1764

 

By Tho’s GRAVES Esq’r Governor and Commander Chief in and over the Island of Newfdland the Fort and Garrison at Placentia & all other Forts & Garrisons Erected and to be erected in that Island

 

In pursuance of His Majesty’s Instructions to me. You are hereby strictly enjoined not to concern yourselves in the fishery at Placentia nor to interrupt the fishermen in the curing their fish nor to take up to yourselves any Beaches, Stages or Cookrooms on any pretence whatsoever Upon pain of his Majesty’s highest Displeasure

 

Given under my hand at Placentia the 24^th of July 1762

 

(signed) Thomas GRAVES

 

To The Commanding Officer

Officers, and soldiers & others belonging to the Fort & Garrison at Placentia Nfdland

By Command of the Governor J’s HAY

Placentia 24^th July 1762

 

Sir

I desire you will please to transmit to me an account of the Arms Ammunition & stores that hath been sent from the Office of Ordnance this year to the fort at Placentia and likewise an acct of the state of the said Fort how the said stores have been employ’d and whether any part of them have been sold, spent lost decayed or disposed of. To whom & to what uses

 

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You are likewise to send me an inventory of all the arms ammunition and stores as are now remaining in the magazine there which account is to express the particulars of ordnance, carriages balls, powder and all other sorts of arms & ammunition in the publick (sic) store.

 

Please to communicate the inclosed (sic) order to the officers belonging to the garrison

I am sir your most humble servant

(signed) Thomas GRAVES

 

Placentia 27^th July 1762

Robert EDGECUMBE Esq’r being sworn a commission was deliverd(sic) dated the 21st July 62, appointing him Justice of the peace and keeper of the rolls for the district of Placentia after having taking the following declaration viz.

 

I Robert EDGECUMBE do declare that I do believe there is not any transubstantiation in the sacrament of the Lords Supper or in the element of the bread and wine at or after the consecration thereof by any person whatsoever

 

Placentia 27^th May 1752   

So help me God

This declaration is made before me,

 

(signed) Thomas GRAVES governor

(signed) Robt EDGECUMBE

 

Enrold (sic) by order of the Gov’r this 27^th July 1762 per (signed) J’s HAY

 

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A return of the detachment of Captain John DOVERS? of the Royal Regiment of artillery at Placentia the castle, block house & Bois Island the 26^th July 1762

Quality’s	Effective	Unfits	Total
Captain	1	“	1
Lieutenant	1	“	1
Sergeants	1	“	1
Bombardiers	1	1	2
Gunners	5	1	6
Mattresses	14	“	14
Drummers	4	“	4
Total	24	2	26

 

Attested pr (signed) Jn’o DOVERS Capt Artillery

 

Enrold (sic) per order of the Governor ____ (signed) J’s HAY

 

A return of Captain John HAMILTONs company in his Majesty’s 40^th Reg’t of foot at Placentia the 20^th July 1762

 

Quality’s	Effective	Unfit	Total
Captain	1	“	1
Lieutenant	2	“	2
Sergeants	4	“	4
Corporals	4	“	4
Drummers	2	“	2
Privates	62	4	66
Total	75	4	79

 

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                        Effective                       Unfit                Total

                              75                               4                     79  

 

Attested pr                                                        Jn’o HAMILTON Capt in the 40^th

Tho. HAMILTON L’t Gover’r,                          Reg’t of Foot ------------

Enrold (sic) pr Order of the Governor   

                                                            (signed) J’s HAY

________________________________________________________________________

By Thomas GRAVES Esq’r Govero^’r &c &c &c

 

            Whereas it appears from the returns of your company that the numbers are very deficient -- and as the enemy has already taken St.Johns on this Island it is absolutely necessary that every means should be made use of to prevent their getting posses’n of this place also you are therefore hereby requir’d & directed to use every means in your power to compleat the company under your command to its fullest proportion of men and if you cannot compleat (sic) your number otherways you are hereby impower’d to assure them that their service shall be no longer than until the enemy are driven off the Island or until sufficient reinforcements are sent hither from Great Britain and are required to comply with the same accordingly--

 

To Capt Jn’o DOVERS                                     Given under my hand

of the Roy’l Regiment                                       at Placentia this 28^th of July 1762

of Artillery                                                        (signed) Tho’sGRAVES

 

By command of the Gv’r^r J’s HAY

 

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By Tho’s GRAVES  Esq’r Governor &c &c &c

Whereas it appears from the returns of your company that the numbers are very deficient and as the enemy has already taken St. Johns on this island it is absolutely necessary that every means should be made use of to prevent their getting possession of this place also.  You are therefore hereby requir’d & directed to use every means in your power to compleat [sic] the company under your command to its fullest proportion of men and if you cannot compleat (sic) your number otherways [sic] you are hereby impower’d [sic] to assure them that their service shall be no longer than until the enemy are driven of the island or until sufficient reinforcements are sent hither from Great Britain and are requir’d to comply with the same, accordingly.

 

To Cap’t Jn’o HAMILTON of the 40 Reg’t of Foot

 

Given &c there 28th July 1762

Tho’s GRAVES

By Command of the Governor J’s HAY

Byt Thomas GRAVES Esq’r Gov’r &c &c &c

 

Mr. Richard WELSH having represented to me that several fishermen servants contracted with himself and his Dealers & even some of the Dealers themselves have in a forcible & violent manner taken what fish and oyl [sic] was made and seizing the shallops make off for Halifax or other parts without regard to any contract made with himself or his dealers aforesaid greatly to the loss & prejudice of …

 

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of the said Richard WELSH these people being intirely [sic] credited by himself which proceedings being contrary to all law and equity this is therefore to forbid any person whatsoever seizing their masters or creditors effects and making off with the same under any pretence whatsoever hereby requiring all persons who find themselves truely (sic) agrieved (sic) or injured to make their appeal to me at this place where they may be assured of meeting with all the redress the present circumstances of affairs will admit of any one acting contrary hereto must expect to undergo the utmost rigour of the law.

 

You are further hereby authorized & impowered [sic] to seize and apprehend any person or persons whatsoever who shall endeavour to seize in an illegal & forcible manner any fish oyl (sic) or shallops to make of with the same and bring them to this place where they will be imprisoned & punished as the law in such cases provides and you are to make this order publick [sic] to the end that no one may pretend ignorance of the same. Given  28 July1752 to W’m Jn’o REACH at Oderin.

 

(signed) Tho’s GRAVES

By Command of the Governor J’s Hay

 

A return of the provisions wanting for Cap’t John DOVERS Comp’y of the Royal Reg’t of Artillery at Placentia the 30th July 1752

                                    £          ?          ?

Bread                           145”     1”         14

Pork                             ___       ___       ___       37 barrels 56 pounds

Butter                           7          0          2b

Pease                            ___       ___       ___        101 bushels. 2 Galls

Enrold (sic) p’r order of the Governor J’s HAY

 

 

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Placentia 30^th July 1762

 

Sir

 

An estimate of materials which are wanting for carrying on his Majestys service at this place

 

I am Sir your most humble servant

(signed) Jn’o COCKSEDGE

 

Pine timber of 20 feet long and 1 foot square 50 pieces

Do of the same scantling 24 foot long each  4 Do

Do plank of 3 inch.................................10,000

                       2 inch.............................20,000  } feet

Do board 1 inch                                     40,000

Do scantling 20 foot and 5 by 3 inches square 60

Do _______ Do ______ 8”   8__ Do_______ 40            } Pieces

Oak Do for Sleepers _ g _ b ____ Do& 18 foot long 50

Do plank 3 inch ….................................................... 15000 feet

Shingles …................................................................ 60000 in No

Do bails of 4 ½ pound to the 1000 ….......................120,000 D B

 

The above timber boards and plank to be without vein or sap

To

L Geo MENNELL

Overseer Gen’l of his Majesty's work here                     

Endorsd (sic) on order the Governor J’s. HAY

 

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By Thomas GRAVES Esq’r Governor &c &c

 

Whereas it is most likely the enemy will endeavour to gain intelligence by land from the head of Trinity Bay to Little Placentia you are hereby authorized empower'd (sic) and strictly required to seize apprehend and bring to this place any persons whatsoever who you shall suspect to be in the nature of spies more particularly if they have any French money or cloaths (sic) about them and you are hereby enjoined upon receiving any information of the motions of the enemy or seeing any thing of them to give me the most speedy and early intelligences in your power and to use every means you can to gain the best intelligence.

 

To

Wm John HADDICK [HADDOCK]      Given &c 31^st July 1762 Tho’s GRAVES

at Little Placentia

By command of the Gov'nr J’s HAY

 

At a court held at the house of Thomas KENNEDY in Great Placentia the 18^th August 1762 by Wm BROWNE Esq’r &c

 

Will’m BROWNE Esq’r Surrogate to Tho’s GRAVES Esq’r Gov'nr of Ndland (sic)

 

PresentRob’t EDGECUMBE Esq’r his Majestys Justice of the peace for the District of Placentia

Appear'd in court Barth'w SULLIVAN and presented a petition on behalf of his son John SULLIVAN setting forth that one Jn’o CLARK unjustly keeps from him a plantation or fishing rooms situated in Great Paradise together with the arrears of men due thereupon and produced the following papers Vizt turn over

 

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In the name of God Amen as I am now in My Sick bed and Weak in body and Constitution I make this my last Will and Testament. I give unto John  SULLIVAN son to Bartholemew SULLIVAN now dwelling in the Harbour of Little Paradise my Right title and interest of the Fishing Room where Mr. John CLARK possesses and all and every of the concerns thereunto belonging to enjoy at their expiration of the Said CLARKE`s time to himself the said John SULLIVAN his heirs executors Administrators and Assigns forever with the annual rent due of J. CLARKE and please the Almighty to grant me my health I still bestow the above and abide by the same forever. I likewise Acknowledge myself in my sense and reason so that I discharge my friends and relations Brothers and sisters and every of them of any share of the above Fishing Room As witness my hand in Little Paradise Nfdland this 15^th day of May In the year of our Lord One thous’d seven hundred and sixty

 

(signed) Tho’s FRANKS

 

Witness   Mathew WALLACE

 

Whereas Jeffery POWER of the County of Waterford in the Kingdom of Ireland was in partnership with me in the said above Room and Owner of the one half thereof and in & during our said partnership he the said Jeffery POWER carried with him in a snow (?) commanded by Capt’n Gilbert BURY between three and four hundred Quintals of dry cod fish And arrived at Lisbon in the Kingdom of Portugal where he sold the same where one half of the said Quantity was my sole property and owner thereof I own and declare I never received any part of said value or money which he received for said fish and upon payment thereof

 

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I take possession of his one half part of said Room which I give and Grant unto the said John  SULLIVAN as above His heirs Executors Administrators and Assign with my own part for Ever

 

As witness my hand in Paradise this first day of May 1760

Placentia 30^th Sept 1760                                           (signed) Thos FRANKS

 

The witness whereto doth hereby make oath          witness Mathew WALLACE

 

That he the said Thos FRANKS sign and declare

This written paper to be his last will and Testament   --- --Mathew WALLACE

Sworn at Placentia this 30^th Sept before me

(signed) PATT EDGECUMBE

Justice of the Peace

 

Articles of Agreement made between Thomas FRANKS and the said Henry UXFORD & John CLARK the said Thomas FRANKS do set unto the said Henry UXFORD and John CLARK a Room Faceing (sic) Mr. ADAMS`s Island Containing Six Hundred foot in length as far back as you go the said Mr. FRANKS does set the said plantation to the two persons above mentioned for several years at one pound for year the said Mr FRANKS do certify to keep the said two in Quiet and Full possession of the same for the said term of seven years the said UXFORD & CLARK does oblige themselves to improve the said Room or forfeit one year rent the said FRANKS doth oblige him to keep them in Quiet possession of same or forfeit his rent for the full term

 

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Term as Witness our hands at Placentia this 8^th day of October 1756        

(signed) Thomas FRANKS

(signed) Henry UXFORD

(signed) John CLARKE

Witness

Dormier WINNIET

Thomas WILLIAMS                                                                                                            

 

Upon the forgoing papers being examined into & Generally Valued the cause depending thereupon was given in favor of the petitioner and the following order granted

By William BROWNE Esq’r

Whereas Bartholomew SULLIVAN presented a petition in behalf of his son John SULLIVAN setting forth that he was unjustly kept out of a plantation or fishing in great Paradise facing Mr. ADAM’s Island Containing 600 feet in length and you can go by John CLARKE together with the Arrears of rent due thereon (being two years, Next Sept) I do therefore by the power and authority invested in me hereby require and direct that Barth’w SULLIVAN in behalf of his son afores’d be put in full quiet and peaceable possession of the afores’d plantation & that his son John SULLIVAN shall enjoy the same without any hindrance or molestation whatsoever him, his heirs or assigns forever and that John CLARKE shall pay this fall one years rent in good Merchantable fish and next year the remaining years rent in the like manner as likewise that the said CLARKE shall this fall deliver up the aforesaid plantation as it now stands

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Stands in repair without defacing it in the least as he the said CLARKE will answer the contrary at his Peril. Given under my hand at Great Placentia this 8th Aug’t 176(signed) Wm BROWNE

By Command of the Surrogate        

(signed) J’s HAY

Appeared in Court Luke KAVANAGH with a Complaint against R MARTIN of Mortier, when a Summons was granted for said MARTIN to appear the 26^th Ins’t

Appeared in Court the Agent to Merch’t TURNER at Little Placentia to answer the Complaint of their Servants when it was amicably settled between them & an order given to the following purpose.  That the Servants should continue the fishery for the Season and be satisfied with the following proportions of provisions (Viz) Bread 6 pounds a week for each man and 3 pound of flour each man together with the other provisions as their said Master can supply them with until a supply of provisions can be got which he is to do so soon as possible And then that they are to have such an allowance is Customary in this place likewise to give them their Just accounts & pay the balances when their Respective Services are Expired

 

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By Tho' GRAVES Esq’r Governor &c &c &c

Whereas it appears to me by Certificate from under the hands of his Majesty's Justices of the peace from this district and Several of the oldest Inhabitants here that Mr Sam’l GOODALL of the town of Great Placentia in Newfoundland has cultivated and improved a spot of Ground in Bay Bruley on the SW side of the Grand Beach which consists of about Twenty four acres & three woods statute measure or thereabouts according to a plan lain down by one Mich’l MITCHELL of the said place on the 14th of June 1762.

I do therefore by Virtue of the Power and Authority given & Granted unto me by his Majestys Letters made patent at Westminster; the 29th of May 1761 For the better encouragement of His Majesty's Subjects give and grant by these presents unto the said Sam GOODALL and his heirs Administrators and Assigns for ever the quiet and peaceable possession & the sole Right and Title of & to the said plantation above mentioned without any hindrance let of Molestation Given under my Hand and Seal at Placentia Nf'land where no stamp't paper is to be had this 20th of Aug 1762 in the second year of the reign of his Majesty King George the third &c

Sign’d seal’d and Delivered in the presence of

J’s HAY

R DANY

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Placentia 16th June 1763

The Lieu’t Governor Officers and others belonging to the Fort and Garrisson (sic) at Placentia being Assembled his Majesty's Commission appointing Tho’s GRAVES Esq’r Governor & Commander in Chief in and over the Island of Newfdland in North America and all the coast of Labrador from the entrance of Hudson's Streights (sic) to the West end of the Island of Anticosti including the Island with any other small Islands on the said coast of Labrador & also the Islands of the Madelaines in the Gulf of St Lawrence as also the Forts and Garrissons (sic) erected and established or that shall be erected and established in the Islands of Nfland Anticosti & Madelaines or the coast of Labrador was read to them in the Fort.

Governor's Commission

George the Third by the grace of God of Great Britain France and Ireland King Defender of the Faith and to our Trusty and well beloved Thomas GRAVES Esq’r Greeting, Whereas we did by our letters patent under our Great seal of Great Britain bearing Date at Westminster the 29th day of May in the first year of our Reign Constitute and appoint you the said Thomas GRAVES to be our Governor & Commander in Chief in and over our Island                                              turn over

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Of Newfolland (sic) in America our Fort and Garrisson (sic) at Placentia & all other Forts and Garrissons (sic) erected and to be erected in that Island for and during our will and pleasure as by the said letters patent Relation being thereunto had may more fully & at large appear Now Know You that we have revokd (sic) Determined and made void and by these presents do revoke, Determine & make void the said Recited Letters patent and every Clause and Article and thing therein Contained and reposing special trust and Confidence in the prudence Courage and Loyalty of you the said Thomas GRAVES of our especial grace Certain Knowledge & mere motion have thought fit to Constitute and appoint You and by

these presents do Constitute and appoint you the said Thomas GRAVES to be our Governor and Commander in chief in and over our said Island of Nfdland (sic) And all the Coast of Labrador from the entrance of Hudson’s Streights (sic) to the River St Johns which discharges itself into the sea nearly opposite the West End of the island of Anticosti including that Island with any other small Islands on the said Coast of Labrador and also the Islands of Madelaines (sic) in the Gulph (sic) of St Lawrence as also of all our Forts and Garrissons (sic) erected and established or that shall be erected and Established in our said Islands of Nfdland (sic) Anticosti, Madelaines (sic) or on the Coast of Labrador within the Limits aforesaid And we do hereby require and Command you to do and Execute all things in due Mannor (sic) that shall belong to your said Command And the trust we have Reposed in you According to the several Powers & Directions granted or appointed you by this present Commission & the Instructions either herewith given to you or by such further Powers Instructions or Authorities as shall at any time hereafter be granted or

 

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or Appointed you under our Signet or sign Manual or by our order in Privy Council and we do further give and grant unto you the said Thomas GRAVES full power and Authority from time to time & at all times hereafter by yourself or by any other to be Authorized by you in that behalf to Administer and give the oaths Mention’d in an Act passed in the First year of the Reign of King George the first entitled an Act for the further Security of his Majesty’s Person and Government and the Succession of the Crown in the heirs of the late Princess Sophia being protestants and for extinguishing the hopes of the pretended Prince of Wales and his open and Secret abettors to all & every person & persons as you shall think fit who shall at any time or times pass into Our Said Islands or shall be resident or abiding there or upon the Coast of Labrador within the limits aforesaid And we do by these presents give and grant unto you full power and Authority to Constitute & appoint Judges & in Cases Requisite Commissioners of Oyer and Terminer for the hearing & determining of all criminal Causes Treason excepted According to law and for awarding execution thereupon with all reasonable and Necessary Powers Authorities, Fees & priviledges (sic) belonging thereunto Justices of the peace with other Necessary Officers and Ministers for the better administration of Justice & Keeping the peace & Quiet of the said Island and Coasts aforesaid which Justices of the Peace so Authorized may &

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And shall hold and keep General Quarter Sessions of the peace in such Places as you shall appoint According to the Custom of this part of Great Britain Called England & to adjourn Such Sessions from time to time & from place to place as shall be most Convenient and Necessary for the Peace and welfare of our Subjects inhabiting there provided neither you Nor they do any thing by Virtue of this Commission or the powers hereby granted Contrary or Repugnant to the Act for encouraging the trade to Newfdland [sic] passed in the 10^th & 11^th years of the Reign of King William the third nor in any way obstruct the powers hereby given & granted to the Admirals of Harbours or Captains of our ships of War or any other Matter or things either prescrib’d by the said Act or by such Instructions as you shall receive from us as aforesaid And we do hereby give and grant unto you full power & authority where you shall see Cause or shall Judge any Offender or Offenders in Criminal matters or for any fines of forfeitures due unto us fit objects of our Mercy to Pardon all such offenders and to remit all such offenses, fines & forfeitures Wilful [sic] Murder only excepted in which Case you shall likewise have power upon Extraordinary occasions to grant Reprieves to the Offenders until & to the intent our Royal pleasure may be known therein And all such Justices of the peace & their inferior officers & Ministers whom you or they shall appoint Amongst the planters or Inhabitants Resident and abiding there are strictly required and

 

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And enjoin’d in all Cases & times Whensoevers [sic] Necessary to be aiding & Assisting to the utmost of their powers to the Commodore or Commander of our Ships of War and to the several Admirals in their Respective Harbours in putting in Execution the several good Rules & Orders Prescrib’d by the said Act for encouraging the trade to Newfdland [sic] and provided also that no person or persons so by you appointed to be Justices of the peace as aforesaid or other officers or Ministers belonging or Appertaining to them do presume or be suffer’d to Act in such Office or place untill [sic] he or they have taken the Aforesaid Oaths Mentioned in the said Act for the further security of his Majesty’s person and Goverment [sic] and the Succession of the Crown in the heirs of the late Princess Sophia being protestants and for extinguishing the hopes of the pretended Prince of Wales & his Open and secret abettors as also made and subscrib’d the declaration Mentiond [sic] in an Act of parliament Made in the twenty fifth Year of the Reign of King Charles the Second entituled [sic] an Act for preventing Dangers which may happen from popish Recusants And also to take such proper Oath or Oaths as are usually taken in this Kingdom by persons Executing such Offices & trusts which Said Oaths and declarations you shall Administer & give or Cause the same to be administer’d & given to all and every person or persons who ought to take the same According to the laws & Customs of this

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this kingdom and we do hereby give and grant unto you the Mr Tho’s GRAVES full power to erect, appoint and set apart one or more convenient court house or court houses for the more orderly meeting of such Justices of the Peace in and or to hold such their quarters or other sessions with a convenient prison adjourning thereto for the keeping of such offenders as may be found necessary to be comitted (sic) to safe custody until such court or sessions can be conveniently held for trying and delivering offenders our laws and the peace of our subjects and we do hereby require and command all officers civil or military and all other inhabitants of our said islands and the coasts and territories of Labrador and all the islands adjacent thereto or dependent thereupon within the limits aforesaid to be obedient, aiding and assisting unto you in the execution of this our commission and the power of authorities herein contained and in case of your death our will and pleasure is that the person upon whom the command of our ships and in your command shall devolve do take upon him the administration of the Goverment (sic) of our said island and territories as aforesaid and execute our said commission and instructions and the several powers and authorities therein contained in the same manner to all intents and purposes as you our said Governor and Commander in Chief might or ought to do for and during our will and pleasure and we do hereby declare, ordain and appoint that you the said Thomas

 

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Tho’s GRAVES shall and may hold, execute and enjoy the place of our Gov’r and Commander in Chief in and over our said Island of Nf’dland and all the coast of Labrador from the entrance of Hudsons Straights [Hudson Straight] to the River St Johns which discharges itself into the sea nearby opposite the West end of the Island of Anticosti including that isl’d with any other small islands on the said coast of Labrador or and also the Island of Madelaines (sic) in the Gulf of St Lawrence as also all of our forts  and garrisons erected and established or that shall be erected and established in our said islands of Nfdland, Anticosti or Madelaines (sic) or on the coast of Labrador within the limits afores’d with all and singular the powers of authorities hereby granted you for and during our will and pleasure.  In witness whereof we have hereunto caused these our letters to be made Patent, witness ourselves at Westminster the twenty fifth day of April in the third year of our reign.

By Writ of Privy Seal

(signed) YORKE & YORKE

A Copy

 

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Given under my hand at Placentia Newfoundland 16^th June 1763

To the Commanding Officer Officers Soldiers

And others belonging to the Port and Garrison at Placentia Newfoundland

By Command of his Excellency

Placentia 16^th June 1763

Sir,

 

I desire you will please to transmit to me an Acct of the arms Ammunition and stores that hath been sent from the Office of Ordinance this year to the Fort at Placentia and likewise an Acct of the state of the s’d Fort how the said stores have been employ’d and whether any part of them have been Sold, Spent, lost, decay’d, or Disposed of To whom and to what use

 

You are likewise to send me an Inventory of all the Arms Ammunition and stores as are now remaining in the Magazine there which Acct is to Express the particulars of Ordinance, Carriages, Bolts, Powder and all other stores of Arms and Ammunition in the Publick (sic) store

 

Please to communicate the inclosed (sic) Order to the Officers belonging to the Garrison

 

I am Sir Your most obed’t Servant

 

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By His Excellency Tho’s GRAVES Esq’r Governor and Commander in Chief in and over the Island of Nfdland the Coast of Labrador from the Entrance of Hudsons Straights to the River St Johns, the Islands of Anticosti Madelaine &ca and of all the Forts and Garrisons Erected or that shall be erected in the s’d Islands or on the said Coast

 

In Pursuance of his Majestys instructions to me You are hereby strictly enjoin’d not to Concern yourselves in the fishery at Placentia nor to interrupt the fishermen in Curing their fish nor take up to yourselves any Beaches, Stages or Cookrooms on any pretence whatsoever

 

Upon pain of his Majesty’s highest Displeasure

 

Given under my hand at Placentia 18 June 1763

 

(signed) Thos GRAVES

 

To The Commanding Officer Officers Soldiers and others belonging to the Fort and Garrison at Placentia Nfdland

By Command of his Excellency J’s HAY

Placentia 18^th June 1763

 

Sir,

 

I desire you will please to transmit to me an Acct of the Arms Ammunition and Stores that hath been sent from the Office of Ordnance this year to the Fort at Placentia and likewise and Acct of the state of the s’d Fort how the s’d Stores have been employ’d and whether any part of them have been sold, spent, lost decay’d or disposed of to whom and to what use

 

You are likewise to send me an Inventory of all other Arms Ammunitions and stores as are now remaining in the magazines there which Acct is to express the particulars of Ordnance, Carriages, Balls, Powder and all other sorts of Arms Ammunition in the Store, Please to Communicate the inclos’d (sic) order to the Officers belonging.

 

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belonging to the Garrison ---Sam

                                                       Sir: your most Obed't Humble Servant.

(signed) Thos GRAVES

 

By His Excellency Tho's GRAVES Esq'r, Gov'r, and Commander in Chief in & over the Island of Nfdland,&c &c &c

 

Whereas by his Majesty's instructions, I am strictly commanded to be very exact in my enquiries & examination into every particular Contained in the following articles Viz’t (the 41st to 68th) both inclusive. And likewise in my Returns to the Columns Contained in the scheme of the fishery which you will Receive herewith. You are hereby required to obtain me the best information thereto so far as comes within the limits of your District and endeavour to Collect the materials from which your answers are to be formed from the best authorities And to enjoin the Admirals or other proper officers in those Harbours within your District to which your personal inspection cannot extend to be as accurate as may be in the returns that they shall make, that those returns be properly Attested and signed by them and that the Number of ships, their tonnage, their Number of men, the places from which they come and the quantity of fish taken, Cured and carried to market by each ship be particularly expressed. And you are likewise to transmit to me all such other information with respect to the fishery as may enable me to make a True and precise state of it, being very particular to what may be further Necessary for extending & improving so valuable a branch of Commerce.

 

Given under my hand the 4th June 1765

 

(signed) Tho’s GRAVES

 

To

Rob't EDGECUMBE Esq'r &c                 

By Command of his Excellency J's HAY                        

 

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                                            Antelope.  Placentia Road   4th July 1763

Sir:

         As the works erected last year upon the top of Castle Hill were at a considerable expense to the Government and it is to be believed from the advantageous situation of that Post the Enemy were deter’d from coming hither,. I beg here to recommend to you in the strongest manner not to suffer those works to go to Decay but to cause the Respective officers from time to time to bestow all necessary repairs as well up the Parapet walls as the Body of the Place whenever it is in the least wanted and I recommend to you to cause all the masonry to be also Pointed now that the weather is become settled and further recommend it to you never to leave that Post without a proper guard to be reliev'd at such times as you think proper--- and that the officers under your command inspect that Post by turns at least twice a week and give you their report in writing.

                                                                                

I am Sir your most Obedient Humble Servant

 

(signed) Thomas GRAVES

 

 To Otto HAMILTON                                                                

 Lieu't Governor at Placentia

 

 

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Captain Douglas's Commission

 

By his Excellency Thomas GRAVES Governor and Commander in Cheif (sic) in and over the Island of N'fdland (sic) in North America and all the Coast of Labrador from the entrance of Hudsons Straights to the river St Johns opposite the west end of the Island of Anticosti including that island with any other small island on the s'd coast of Labrador also the Island of Madelaines in the Gulf of St Lawrence and of the forts and garrisons erected and established or that shall be erected or established in the S’d Island or the coast of Labrador within the limits aforesaid.

 

By virtue of the power and authority to me given by his Majestys letters made patent bearing date at Westminster the twenty fifth day of April in the third year of the reign of our Sovereign Lord George the third by the grace of God of Great Britain, France and Ireland King defender of the faith I do constitute and appoint you Cha’s DOUGLAS Esq’r to be my deputy or surrogate with full power and authority to  assemble court within the district between Cape Ray & Cape Race to enquire into all such complaints as may be brought before you and to hear and determine the same to all intents and purposes as I myself might or could do by virtue of the power & authority vested in me you have likewise power and authority to seize & detain in order to proceed to condemnation prohibited or run goods that may

 

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may be found within the aforesaid limits or ports adjacent and I do give & grant unto you Charles DOUGLAS Esq’r full power and authority to administer the several oaths to any person or persons you shall think fit agreeable to the several acts of Parliament made in that behalf and I do strictly enjoin the justices of the peace all officers civil and military and all other his Majestys liege subjects to be aiding and assisting unto you  the said Charles DOUGLAS Esq’r and to obey and put into execution all such lawful orders you shall give them as I myself might or could do by virtue of the power & authority invested in me

 

Given under my hand & seal this 18^th day of June 1763 by command of his Excellency J’s MAY

 

(signed) Thomas GRAVES

A copy

 

At a court held at Placentia the 3d Oct. 1763 by Cha’s DOUGLAS

 

The petition of Cornelius KELLY praying relief against Mr. SPRATT of Mortear [Mortier] heard & dismissed for want of evidence.

 

The petition of Mich’l BALDWIN was also presented begging the relief of payment of wages from Edw’d KEATING then of St Lawrence was also dismissed said KEATING not appearing nor having notice so to do.

 

The petition of Jn’o BAULDING was presented and rejected the contents appearing a palpable falsehood.

 

The petition of Rob’t HYNES praying relief from Peter WHELAN of Mortier heard and declined for want of evidence

 

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            John BROWN Master of the Schooner Elizabeth having complained of his being delayed in getting a cargoe(sic) of fish on board pursuant to an agreement with Mr  Rich’d WELSH merch’t in Placentia and the said Mr Rich’d WELSH having undertaken to compleat (sic) his said cargoe (sic) in the three first fair days, from the date hereof and the said Mr Jn’o BROWN being satisfied therewith it is hereby order’d accordingly

           

            Octo’r 4^th 1763, Simon FRANCIS’s note being produced to the court & is appearing dated it was judged that his future employers should detain the first of his wages that should become due for the payment of the said note to Henry KNIGHT of Placentia.

           

            On Robert LINTHORNEs complaint of his wages not being paid him pursuant to his agreement with William TURNER of Pool (sic) and a copy of the said agreement having been produced and sworn to in court it is order’d that Mr Jonathan ARROWSMITH agent for said TURNER do fulfil the said agreement by paying said LINTHORNE’s wages therein mentioned.

 

            The Petition and state of the planters and boatkeepers belonging to Mr TURNER’s employ at Little Placentia of yesterdays date to Charles DOUGLAS Esq’r Deputy Governor &ca &ca &ca most humbly sheweth, they the said boatkeepers aforesaid & hereafter named have been most sadly distress’d and ruined

 

Contributed by Devon Griffon:

Special thanks to the transcription team:

Devon Griffin, Susan Snelgrove, Deb Sutherland, Daniel Porter, Jane Dowd, Michelle Hynes, Clare Powers O'Neill, George Lee, Christa J Smith, Sue Frenette, Mary Stapleton,
Catherine Mochrie, Jess Reid, Lester Gould, Cecilia Healey, Sandra Adams, Doris Synard, Randy Harnett, Joan Boak Morton, Bonnie Brown, Lisa Williams, Wanda Cole, Gloria Collins,
Joan Hodder, Wayne Slaney, Sheila A Manuel, Tom Donovan, Pauline Tessier, SA Manuel, Marc Edward Petrunia, Eileen Burke, Paula Short Kennedy, Susan Bryant, Kathy Feraudo,
Theresa LeGrow, Noelle Chevrier Van Sickle, Lester Gould, Jacqueline Penney, Susan Dady Whelan, George Lee, Mary Stapleton, Bonnie Monroe Hickey, Bill Ramsey,
Debbie Pennell Temple, Resee Greene, Cecilia Healey, Bonnie Monroe Hickey, Bill Ramsey, C. Dean Barnes, Susan Bryant, Wanda Quilty-Lee.