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Volume 2
1786 - 1803
Part 3
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GRANT This was an action for an assault proved to be committed on the person of the plaintiff by defendant, by violently striking him once knocking him down & otherwise ill treating him, the fact being fully substantiated. (signed) H.W.OMMANNEY Surrogate SAMPSON & SPARROW The plaintiffs preferred a comp'l (sic) complaint against defendants, stating that they are fish catchers in the employ of J. & M. NEAVE more or less than twenty years. That they are never made acquainted with the prices charged by said J.& M. NEAVE until the produce of their labors is delivered in, and pray that they may be made acquainted with the charges of such goods as they may take up, as well as that of such fish & oil as they may deliver s'd J & M NEAVE
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William MERCER Versus (signed) H.W. OMMANNEY Surrogate 94 21st September 1802 Plaintiff complains that he is on the shares in one of the defendants boats and by a special agreement, said Lamb was not to deliver any part of the plaintiffs fish without his consent, contrary to which he allowed 47 quintals of his fish to be carried away. Decreed that the said John LAMB do pay to the said MERCER four & a half quintals of fish provided that the acc't of SAUNDERS & SWEETMAN does not exceed the quantity of nine quintals of fish, which appears to be owing to the said SAUNDERS & SWEETMAN (signed) H.W. OMMANNEY Surrogate Dennis O'BRIEN appeared in court this day and prayed to have writs of attachment against the wages of the following people Viz: Patrick MULLOWNEY in the sum of £12-9-10 John COOK 7-15-7 PAGE BREAK 95 Surrogate Court Placentia 2'd December 1803 At a Court held this day at Placentia, Present, John Gardner McBride McKILLOP Esq'r Surrogate, Francis BRADSHAW and Jos'h BLACKBURN Esqr's Justices of the Peace, and the principal Inhabitants. The court being opened it was ordered that all complaints, should be made in writing. No Complaints being Exhibitted (sic) the Court was adjourned untill (sic) Monday next. (signed) Jn'o McKILLOP, Surrogate PAGE BREAK
96 Sat a Surrogate Court held this day the following persons came forward and prayed for writs to be granted, which was accordingly complied with. Viz
Cost £ 2 - 9 - 0 Writs Granted
HAYES The Plaintiff complained by petition that he was shipped by a Thomas KELLY at St. Johns to service Def't as a Cooper, & that he the Def't now refused taking him into his employ, upon investigating the business, it appears, that KELLY was properly authorised to hire the Plaintiff, by express directions in writing from Def't. Decreed that Def't do immediately take the plaintiff into Service agreeable to the tenor of his shipping paper. (signed) Jn'o McKILLOP, Surrogate PAGE BREAK 97 At a Surrogate Court held this day John HENRY presented a Petition, stating that he has been thirty four years a servant in the fishery, and that having lately brought his family from Ireland, prays for liberty to resid (sic) with them at a Place called Ship Cove, where they will be enabled to Raise some garden food for their subsistance (sic), the Petitioners character being found unexceptionable -- leave granted on condition, that the Petitioner neither sells, transfers or otherwise alienates, any part, or parcel of land which he may reclaim, or cultivate in Ship Cove aforesaid. (signed) Jn'o McKILLOP, Surrogate This day Edmund WALSH also presented a Petition, representing that there is a vacant space of ground in Little Placentia, not in the occupation of any person for these seventeen years last past, and humbly praying for leave to build a stage with fishermens houses thereon, finding the representation true, and wishing to gain every encouragement to the carrying on the fishery------------------------------------------------------------------------------- leave granted in the express (signed) Jn'o McKILLOP, Surrogate PAGE BREAK 98 Placentia 22d December, 1802 SAUNDERS & Sweetman versus At a Surrogate Court which was held this day, plaintiff came forward & complained by memorial, stating that the defendant made it a practice for several years to seduce their servants employed in the fishery to desert from their employ and afterwards that he use to pilot such deserters to St. Mary's and other places in consideration of their giving him money or part of their apparel. The charge being fully proved to the satisfaction of the Court, Decreed that the defendant William WALSH be transported to Great Britain by the very first opportunity in the course of next year. (signed) JN'o McKillop Surrogate PAGE BREAK
WALSH 99 Placentia 10th, January 1803
At an adjournment of the Surrogate Court held this day and the same being open the Plantiff (sic) favourably approved and stated by petition that he was hired about 25th Oct. last by def't to serve him until Christmas following, for six pounds stg, that he proceeded with him on the fishery until his boat was fully laden on which they returned to Little Placentia and came to anchor in a very dangerous and unsafe part of the harbour after which Def't. went on shore to a planter's house to refresh himself and on his return to his boat went into his Cuddy to sleep leaving Plantiff (sic) on the watch. Shortly after a gale of wind sprung up which occasioned the boat to drift, on which Plantiff (sic) called up the Def't to assist in securing her. When she braught (sic) up Def't returned again to his Cuddy, when it commenced a perfect Hurricane attended with showers of sleet & freezing to an extreme degree, in this state Plantiff remained four hours, when being unable to stand any longer, he beged (sic) earnestly of Def't. to relieve him, The Def't. Replyed (sic) saying You son of a Bitch if you put your head into the Cuddy I will cut it off with the Hatchet, in this distressing and melancholy condition Plantiff (sic) remained untill (sic) about 9 o'clock next morning, when the defendant ran the boat on shore to save his life but the unfortunate Plantiff (sic) had both his hands miserably frost burnt in a most miserable manner in consequence of which he has already lost two of his fingers and the surgeon is of opinion that he will lose many more if not the whole. PAGE 1313: 100 These facts being fully proved to the satisfaction of the Court, and the defendant being unable to make any reasonable defence and Considering his unjustifiable Cruelty to the unfortunate Plaintiff (sic). Decreed that he do pay him the sum of Six Pounds, being the amount of his wages, Seven Pounds st'g to subsist him the winter, and also twenty Pounds Sterling as a very inadequate Compensation for his sufferings, and the Probable loss of his hands. (signed) Jn'o McKILLOP Surrogate
Surrogate Court Placentia 19th January 1803 at an adjournment of the Surrogate Court held this day. John MORRIS appeared and prayed for a Writ of Execution to be presented here, against the good Debts, and effects of James CONSTANTINE, for the Sum of Three pounds Seven Shillings and nine pence st'lg together with fifteen shillings and Six Pence Costs. Writ granted.
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101 Placentia 19th Jan'y 1803 At an adjournment of the Surrogate Court held this day, MURPHY who has been under arrest for not complying with the decree of the Court on the 10th. Instant, was brought forward, and after much trouble, gave Security for the Several Loans awarded against him, Viz, his own order on John POWER in St. (signed) Jno McKILLOP, Surrogate
POWER The Surrogate Court being opened, the Plaintiff brought forward an action against defendants for a recovery of a deficiency of a value in fish, which he delivered them in August last and stated in evidence that he was to be paid within one shilling per Quintall (sic) of St. John's price for fish, at the time of delivery, but being unable to substantiate his claims the case was dismissed without any Costs. (signed) Jn'o McKILLOP, Surrogate PAGE BREAK 102 Placentia 2'd Feb'y 1803. GRANT vs. CONNELL This was an action for the Recovery of a Skiff and part of her Craft, lent by Plaintiff to def't and which he Refused delivering when Required on the plea That the Skiff was bestowed him, and that he was Charged in acc't with the materials, which being proved not to be true, Ordered that def't do forthwith ~ Return the Skiff and Such Craft, as was not Charged to His account. No other Complaints appearing the Court was adjourned to the 16th Instant.
16th February 1803 At an adjournment of the Surrogate Court, held this day, Plaintiff appeared, and Represented by Petition, that Def'ts are illegally inclosing (sic) all the arable ground within three miles of their present place of Residence, Called Mount Conway in order to deprive Plaintiff of the benefit of Cuting (sic) Grass thereon, On a due Consideration of the Cause of Complaint. Decreed that all enclosures & fences made on the premises, be immediately levelled & pulled down, excepting Such as season's, Potatoe (sic), & Cabbage ground, from the degradation of Cattle, and that Def'ts be fined 40/ Each with Costs of Court.
PAGE BREAK 103 Placentia 24th February 1803
The Surrogate court being opened by adjournment from the 16th Instant a letter from a Fisherman was publicly read, by the Clerk pointing out and animadverting (sic) on the Situation of the lanes, and avenues in this Town, and endangering the health of the Inhabitants, by an accumulation of Filth, and nastiness for years past, and the Scene interspersed with a loathsome view of dead Dogs, Cats & other animals------------------------------------------------------------------------------- and In Compliance with the prayer and Requisition of this fisherman and for the general good of the Community Ordered that all the lanes & avenues in this Town, be immediately Cleansed, and all Nuisances be Removed from public view,---------------------- so that all Persons resident in those Complained off (sic), do travel and (signed) Jn'o McKILLOP [John Gardner McBride McKILLOP, R.N.] Surrogate
PAGE BREAK 104 Placentia 24 th February 1803 At an adjournment of the Surrogate Court held this day - a Petition was presented in behalf of Laurence WHELAN a pauper praying for relief. This persons history being minutely enquired into, it was found, that he is a person who has been long in the fishery's carried on in this Island, and likewise that he has served several years in His Majesty's Navy, during the late war - and being now in the most deplorable condition unnecessary to describe. Ordered that the Municipal Magistrates, do relieve him from the Public funds of the District, until he can be sent to some part of the United Kingdom's should he survive so long. (signed) Jn'o McKILLOP Surrogate PAGE BREAK 105 Placentia 3 March 1803 At an adjournment of the Surrogate Court held this day, no material complaints was preferred - Strict Orders were issued to the Inhabitants, that in future, they do cause their chimneys to be swept one in three weekes, any person refusing to comply with this regulation, is to be fined in the sum of ten pounds and also orders were issued, that for the time to come, no dwelling house shall be allowed in the centre of this Town, without having stone or brick chimneys therein, as the danger arising from fire is quite obvious, and its dreadfull (sic) consequences recent in every persons (sic) mind, from the late conflagration which destroyed so much property in this place, the Magistrates were very particularly enjoyned (sic) to see these orders carried into due Execution. (signed) Jn'o McKILLOP PAGE BREAK 106 Placentia 10th March 1803 At an adjournment of the Surrogate Court held on this day, at the unanimous Request of the Merchants, Boatkeepers &c of this Town Patrick MOONEY was Sworn in as a Culler of Fish, for which he is to be paid Two Pence for each Quintal of Fish that he shall Cull in future.
16 March 1803 BLACKBURN This was an action brought forward By the Plaintiff against the def't for damages likely to be Sustained unless set aside, it appeared that plaintiff agreed with def't last fall, to Cut him a certain quantity of firewood, at a stipulated price, the def't in place of adhering to his agreement, sold a parcel of the wood which he cut to a third person, by which Procedure, the Pl'tf would be much injured and disappointed, should the second sale be allowed. Decreed that he be fined in the sum of forty shillings and to make good the quantity of firewood engaged to Pl'tf but in Consideration of a general good character, the fine was reduced to Ten Shillings. (signed) Jn'o MCKILLOP Surrogate PAGE BREAK 107 Placentia 16th March 1803 This day the court being opened and full Attended by all the Principal people in this town a memorial was presented by Michael POWER, stating forth his being brought up from his youth in the fishery and hath been a Boat Keeper these two years past, and having now a fishing family & intending to perform the fishery for the Remained (sic) of his life Prayed for liberty to build and improve a Fishing Room and also to enclose a Reasonable space of ground for Cultivation at a place called Burdeaux, at the bottom of this bay, now in possession of every British subject, The French being the last occupiers thereof The memorialists (sic) Character being fully established for honesty and ativity in his Profession. The Prayer of the memorial is as granted with a proviso that in case this memorialist should hereafter think fit to relinquish his Room at Burdeaux aforesaid and remove elsewhere, that then he shall not Sell transfer, alienate or otherwise dispose of the same, nor shall he waste, Spoil nor in any wise Destroy any improvement, which he may have made, during his Residence in Burdeaux aforesaid --- under the severest penalty which the laws of the land can inflict. (signed) Jno McKILLOP Surrogate PAGE BREAK
108 Placentia 16th March 1803 The Surrogate court being still---- siting (sic) Dennis O'BRIEN a merchant appeared, and appeared (sic), £30-13.3
Placentia 21st March 1803 At the opening of the Surrogate Court in this town on the 2d day of Dec'r last, by John Gardner McKILLOP Esq'r Surrogate, the magistrates and Principal Inhabitants attending The Deputy Sheriff was directed to signify to the inhabitants that Divine Service would be performed in Church every (signed) Jn'o McKILLOP Surrogate
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109 Placentia 24 March 1803 The Surrogate Court being opened no Complaint appeared, But agreeable to my instructions from His Excellency Governor GAMBIER, I inquired into the State of the Salmon Fishery carried on in this place from the best information I Could Collect, find, that it is too inconsiderable for the notice of a Merchant at the Same time understand that the officers commanding the Garrison, has for a Series of Years usurped a prerogative to monopolise the only valueable (sic) part of this fishery in the River Called the South East Arm, excluding all the planters, and other Resident persons from a Participation, and that under the terror of millitary (sic) Power, this monopoly has been long practised, but Formerly the Garrison consisted of a Great number and Privates, as well as officers, shared in the fish, but latterly that generous Conduct is done away, and forgotten, and the said fishery is Converted into a Commercial branch of business, for the Emoluments of late Commanding officers, And I also understand from the testimony of several Respectable People, That this pretended Right, to exclude the Inhabitants from
PAGE BREAK 110 from a Share in this Fishery, had at different times, been likely to be attended with very alarming Circumstances, for the Inhabitants insisting on having an Equal, if not, more Right to Carrying it on, PAGE BREAK 111 Court of Sessions 7th April 1803 The Court of Sessions having this day terminated its functions after a long recess present Francis BRADSHAW and Josiah BLACKBURN Esq'rs Justices, together with the D'y. Sherriff (sic) and member of the Inhabitants. James GLYN versus The plaintiff by petition brought forward several charges against the def'n some of which were of a criminal nature, and others altogether of a frivolous kid. On investigating the source of the complaint, it appeared that the plaintiff was a lodger in def'ts house since the 13th of January last and being a musician was frequently absent, which the court taking into consideration reduced the def'ts charge for diet &c to a reasonable & equitable standard and it also appearing the def't assaulted and otherwise maltreated (signed) Francis BRADSHAW J.P. (signed) Jos'h. BLACKBURN J.P. PAGE BREAK
The King vs 112 Court of Sessions 7th July 1803
Catherine REGAN the Prosecutrix in this cause, being examined upon oath, declares, that she lost a pair of blanketts (sic), about 10th April last, and said that she suspected the prisoner MALONE to have carried them away, that about two or three days ago, she had occasion to call at SWEETMANs Store, where she was informed by some of the people, that MALONE had the blankets, on which she went into his quarters, where she found one of them in his bed, & the other he delivered out of his chest, with some degree of reluctance. The prisoner in his defence said he bartered a cotton shirt for the blankets with a fellow who has since ran away. On a due consideration of the circumstances attending this transaction, and the prisoners character being notorious, we are decidedly of opinion that he has been actually the person himself who stole the blankets. On which we adjudge that he be publicly whipped, and transported to his native country by the first conveyance. (signed) Francis BRADSHAW J.P. (signed) Jos'h BLACKBURN J.P.
PAGE BREAK 113 Court of Sessions 16th July 1803
Serjeant CUMMING Versus This was an action brought forward by Plaintiff against defendants, for hauling for salmon in front and close up to his nets, which he considers very injurious to his interest, looking on the salmon fishery in particular part of the river called the South East, as the exclusive right of the garrison.
Court of Sessions 1st Sept'r 1803 BALLARD V MANNING This was an action for an assault attempted to be proved by Plant'f against defendant, it appeared in evidence that Def't is servant to plantiff (sic), and having on the night of the 23d of last month required some impossible service, from Def'n and he refusing to comply with such unreasonable requisition of labour, this action was instituted. PAGE BREAK 114 and that in future, he doth behave in a dutifull (sic) and respectfull (sic) manner to his master untill (sic) the term of his service be expired and fulfilled. Great Placentia Tenth September 1803 It is recommended to the Magistrates, first To cause the pages of all the Records to be numbered, as some leaves appear to have been taken out of this Book, second To hold their Sessions regularly in which they will be assisted by the Surrogate when present. third To cause the whole amount of the fees which may be received, to be inserted in the margin. fifth No attachment is to be made of servants wages in the hands of his master nor any Judgment given for liquors sold by retail to servants or others. (signed) Tho. TREMLETT [TREMBLETT] PAGE BREAK 115 Pleas in the Supreme Court Great Placentia tenth September 1803 Before Thomas TREMLETT [TREMBLETT], Esq'r Chief Justice a Grand Jury was sworn John GREEN Foreman to whom a charge was delivered. Francis BRADSHAW vs The defendants appear to have applied to Mr. BRADSHAW to endorse some Bills of Exchange drawn by them on CARROL & REYNOLDS of Waterford, and as a security to him agreed to sell a quantity of salt, imported by them last year from Liverpool in Great Britain, this transaction took place in November last & the salt was removed in April, after which removal, the salt was used and expended by the defendants with the knowledge of Mr. BRADSHAW, the quantity was estimated to be 200 hogsheads at 16/? hogshead -one of the Bills of Exchange has been returned under protest, and taken up by Mr. It appeared by the day book of LARKIN & BRENNAN that part of the salt, when sold by them was credited to Mr. BRADSHAW but the journal states this salt to be credit to J & M NEAVE. In fact the salt was not measured, when delivered in April, nor did it amount to two hundred hogsheads. PAGE BREAK 116 Pleas in the supreme court Great Placentia 12 September 1803
Abraham WHITMAN V This was an action for goods sold in in this place, about June 1798 amounting to one hundred and ten pounds five shillings six pence, the parties had agreed as follows, "That said William MILLER is to deliver to the said WHITMAN in Placentia on or before the first of September 1798, one hundred and fifty barrels of herrings at nine shillings sterling per barrell (sic) in bulk and one hundred quintals of West Indian fish at eleven shillings sterling per quintal. On the first of September 1798 it appears the herrings were ready to be delivered, but WHITMAN never sent for them, and they were destroyed by order of the magistrates in April 1800 The court allowed sixty seven pounds ten shillings for the value of the herrings and four pounds ten shillings and eight pence for a bill of exchange and gave judgment for the plaintiff in the sum of thirty eight pounds four shillings & ten pence. Plaintiff to pay the costs. (signed) Tho TREMLETT [TREMBLETT] PAGE BREAK
Robert SPARROW vs 117 Pleas in the Supreme Court 12 Sep'r 1803 SAUNDERS & SWEETMAN This was an action to recover the sum of eleven pounds for the hire of a boat last year, which plaintiff hired to John MURPHY and plaintiff stated that Mr. Mich'l SWEETMAN had promised him to see him paid for the hire of his boat, but refused giving such security under his hand. The plaintiff produced no proof whatever and it appeared he did not demand payment last year. Non Suit No Costs
(signed) Tho. TREMLETT [TREMBLETT]
Christopher ST.CROIX Vs On investigating this business it was ordered by the court that the rents due by ST.CROIX to POWER should be considered as a full payment and consideration for plaintiff's demand of eight pounds sterling for diet of a woman in the year 1801 No Costs (signed) Tho. TREMLETT [TREMBLETT]
PAGE BREAK 118 Court of Sessions 12th Sept'r 1843 At a court held this day, Present, Thomas TREMLETT [TREMBLETT] Esqr. Chief Justice, Henry PHILLIPS Esqr. High Sheriff, Francis BRADSHAW and Josiah BLACKBURN Esq'rs Justices of the Peace A Jury was sworn Dennis O'BRIEN Foreman to whom the Chief Justice delivered a Charge. The Jury sat some time, after which they returned their Verdict to the Chief Justice in writing. PAGE BREAK 119 Court of Sessions 12 Sept'r 1803 List of Precidents (sic) &c, inserted in this Book by order of the Chief Justice }To For as much as of hath this day made information and Complaint upon Oath before me one of his majestys Justices of the Peace in & for the said that late of in the said These are therefore to Command You in his majestys name forthwith to apprehend & bring before me the body of the Said to answer unto the Said Complaint & to be further dealt with all according to law, herein fail You not, Given under my hand and Seal the day of
} To the Constable of in the Said Whereas of in the Said was on the day of convicted before me and one of his majestys Just'c of the Peace for the Said PAGE BREAK
George the third &c &c &c 120 Court of Sessions 12 Sep'r 1803
You are hereby Required and directed to appear before me to answer the Complaint of fail not at Your Perill (sic). Given under my hand in To } To the Constable of For as much as of in the of hath personally come before me one of his majestys Justices of the Peace in & for the Said and hath taken a Corporal Oath that is afraid that of in the Given under my hand & Seal the day of in the Year of Our Lord.
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John POWER versus 125 Court of Sessions 8th Nov'r 1803 John POWER Complains that SAUNDERS and SWEETMAN will not pay him his wages, being now due to him, Mr SWEETMAN being asked why this man was not paid, Says John POWER gave some fish which he caught, to John FLING [FLYNN] his Boats master who with his son was on the Cuttails in the same Boat. Jeffrey HEARN being duly sworn, Says he was Captain of the Boat, and that Garret DOOLEY told him the reason, he was not taken in the Boat by John FLING [FLYNN] was, because he had Given him any Cuttails, but then John POWER did and then Garret DOOLEY also told him that CLARK was desired by FLING [FLYNN] to throw the fish under his sons feet, and that he would cut their tails. Garret DOOLEY being sworn, says he was foreshipman with FLING [FLYNN}, and that he heard CLARK say to him when, when (sic) a late quarrel arose between them, thats the way you said to me, to trow (sic) the fish under the boys feet that he may cut them, and that he saw young FLING [FLYNN] cut the fish, which CLARK had just hauled in.
PAGE BREAK (signed) John CLARK. 126 John CLARK being sworn, says he was midshipman, with FLING [FLYNN] all the summer, and that he told him, in the Caplin School, to trow (sic) some fish under the Boys feet, in order to have them Cut, to which he answered, he would do no such thing. The Court from not finding any proof against John POWER, do Decree, that SAUNDERS & SWEETMAN do pay him his wages, and that John FLING [FLYNN}, and his son, do only get a proportion of the fish caught in the boat, and he John FLING [FLYNN] Sen'r and John FLING [FLYNN] Jun'r be fined 40/ Each, and that J CLARK for not making known to his master such intended fraud be fined 40/ also, with costs. [£1-12-6 in margin] The Court from the good character given of John CLARK, do Remit his fine of 40 Shillings (signed) B.W. TAYLOR JP (signed) Francis BRADSHAW JP (signed) Jos'h BLACKBURN JP The King versus The defendant being a Constable allowed two men this day to fight in his garden, and never attempted to suppress the same, def't declares, the fight was over before he saw them. The Court ordered him to be fined 40/, but on a further Examination, and he finding security not to offend in future This fine of 40/ is Remited (sic), no costs. (signed) B.W. TAYLOR JP (signed) Francis BRADSHAW JP (signed) Jos'h BLACKBURN J PAGE BREAK
127 Court of Sessions 9th Nov'r 1803 John SPEAT versus Plaintiff Complains that the defendants will not pay him his wages, being Captain in CROONENs? boat, defendants state, that the Plaintiff came on there without theirs or boats masters leave,… David CROONEN Boats master being Sworn, deposes that SPEAT came on shore on the 5th of August without his or masters leave, and that the next day he Saw him on Shore, and beged (sic) he would Come on board to which SPEAT Replyed (sic), that he would not, nor has he Joined the Boat Since. The Court on investigating the business find that the Plaintiff absented himself Since the above time from his Service, and are of opinion that he is not entitled to wages, but that his master do pay his Passage home in the Vessel now bound from hence to Ireland. (signed) Francis BRADSHAW, J.P. (signed) Jos'h BLACKBURN, J.P.
Court of Sessions 11th Novemb 1803 James BRYAN Versus The Plaintiff agent for SAUNDERS & SWEETMAN States that some shirts, value one Shilling were Stolen out of their Shop at Point Verd on or about the 8th Instant, The defendants acknowledged the Crime, and it appeared that MORISY [MORRISSEY] immediately after commiting (sic) it, Reported and Returned those which he had Stolen. Decreed that HATFIELD do Receive Twenty four lashes and MORISY [MORRISSEY] Twelve on their bare Backs, at the usual whipping place of This Town, and be dismissed with Costs. (signed) B.W. TAYLOR, J.P. PAGE BREAK 128 Court of Sessions 17th November 1803 Edward BARRETT versus Plaintiff Complains that the defendants will not pay him his wages. Defendants Say that they have not got all the Fish, and holds his wages until it is delivered. From Investigating this business The Court adjudge the Plaintiff his wages. It is ordered, That, Denis O'BRIEN do come in for a proportion as a Current Supplier, No Costs. (signed) B.W. TAYLOR, J.P. PAGE BREAK
The King versus 129 Court of Sessions 24 Novemb'r 1803
For assaulting Elizabeth MARTIN on the 23d Instant, which was proved. (signed) Francis BRADSHAW J.P. (signed) Jos'h BLACKBURN J.P.
Court of Sessions 29th December 1803 The Court being opened, and no complaints being produced, the Court is adjourned until next session. This Record book being fully written up, the minutes of the sessions, will commence in a new record book.
here PAGE BREAK (signed) Francis BRADSHAW J.P. (signed) Jos'h BLACKBURN J.P.
130 here follows Copys (sic) of sundry Deeds of Conveyances, of Property &c &c &c Know all men by these presents that I Nicholas HEARTY [HARTLEY] of Little Placentia in the Island of Newfoundland, Carpenter, for and in consideration of the sum of Twelve Pounds st'lg to me in hand paid, the Receipt whereof I do hereby acknowledge, have granted bargained and sold, and by these Presents doth, grant bargain and sell, unto John SAMPSON Sen'r of Little Placentia, aforesaid planter, all the Fishing Room and Plantation, situate in Little Placentia, generally known by the name of Robert KEATINGs Room, containing by admeasurement one hundred and fifty six yards NW & by N. and S.E. & by E. fifty four yards N.E. by S.W. sixty five yards N.E. & S.W. fifty six yards, and also a garden situate on the Virgins Point, between Mrs BARRETs meadow and John NAILs house along the water side, containing in extent fifty yards in a WNW. and S.S.E. direction, and twenty eight yards in a N.N.E. and S.S.W. direction, to have and to hold the aforesaid fishing room, Plantation etc with all other appertenances (sic), thereunto belonging or in any wise appertaining unto the said John SAMPSON his Heirs and assigns for ever, and the said Nicholas HEARTY [HARTLEY] for himself his Heirs & Assigns the said fishing room, Plantation etc, and every part thereof, against himself and them, and all other persons whatsoever and will PAGE BREAK 130 will warrant and defend the said John SAMPSON his Heirs and assigns in the quiet and peaceable possession and occupation of the of the (sic) premises, and that he has good and sufficient power and authority to sell and dispose of the same in right of his wife Mary KEATING otherwise HEARTY [HARTLEY] daughter to the before mentioned Robert KEATING. (signed) Nicholas HEARTY [HARTLEY] Signed sealed and delivered in Little Placentia Newfoundland where stampt (sic) paper is not used in presence of (signed) Francis EDWARDS (signed) Philip FITZPATRICK N.B on the back of the deed of sale the following receipt appears Received from Mr. John SAMPSON the sum of Twelve Pounds sterlg. being the consideration money mentioned in the within deed of sale, little Placentia Newfoundland 27th July 1801 PAGE BREAK 131 Placentia 28th September 1801 £9-10-0 Please to pay Mr. John CREWS, or Order the sum of Nine Pounds Ten shillings, it being for provisions, he supplied the Brig Hope with, Your Hble & m't obed't servant (signed) Francis RICHARDS Jun'r A copy to Mess'rs MEREDITH & SON Merc'ts Bristol PAGE BREAK 132 Know all by these presents that I John ORCHARD of Placentia in the land of Newfoundland, fisherman in consideration of the natural love, which I have and bear with my beloved daughter Sarah ORCHARD otherwise ST. CROIX and also for divers other good causes and considerations me the said John ORCHARD hereunto mooving (sic) have, given, granted and confirmed, and by these presents do give, grant and confirm, unto the said Sarah ST. CROIX, all and singular, that plantation, which I am lawfully possessed of & enjoy situate lying and being in Placentia aforesaid, the said plantation, being one hundred and fourteen feet in length. bearing nearly due East & West, and fifty feet in breath, being nearly due North and South, with two houses built thereon, to have and to hold and enjoy, the said plantation, with the apportainances (sic) thereunto belonging to the said Sarah ST. CROIX, her heirs and assigns to the only proper use, and behoof of the said Sarah ST. CROIX, her heirs & assigns forever, provided, that the said premises, shall never be sold nor mortgaged by her, during her natural life, so that the said premises, shall be hereditable to one or more of her own, PAGE BREAK 132 own children after her decease, and at her own option, whether it shall be to one or more, and I the said John ORCHARD all & singular the said plantation, and other, premises, to the said Sarah ST. CROIX, her heirs and assigns, against me the said John ORCHARD, my executors and administrators and all & every other person or persons whatsoever, shall and will warrant, and shall forever defend, by these presents of all & singular the said premises. I the said John ORCHARD have put the said Sarah ST. CROIX in full possession, by delivering unto her one of the above mentioned houses, which she now occupies and enjoys, at the time of sealing and delivering of these presents in the name of the whole premises hereby granted. In witness whereof I have hereunto set my hand and seal this fifteenth day of October, in the second year of the reign of PAGE BREAK 133 of our Sovereign Lord George the Third, of Great Britain France and Ireland King defender of the faith & So forth, and in the Year of Our Lord God, one thousand seven hundred and Sixty Two. (signed) John ORCHARD These are to Certify that the foregoing Instrument is a true Copy of the original Produced to us this 2th. of October 1801. (signed) Francis BRADSHAW J.P. (signed) Jos'h BLACKBURN J.P. Received from LARKIN and BRENNAN the Sum of Eleven hundred and Ninety three Pounds Thirteen Shillings and Seven Pence Irish St'lg for which Sum I Promise to be accountable, Placentia 20th. October 1801 These are to Certify that I have Compared the above written Receipt with the duplicate of the original and find it exactly a True Copy. PAGE BREAK 134 Be it known to all whom it may Concern, that I Sarah ST. CROIX widow of the late Christopher ST. CROIX deceased, have for myself, my Heirs and assigns, for diverse good Causes, and Reasons, me here unto moveing (sic), Given &c, a Gift to my beloved Grand Child John POWER Junior, His Heirs and assigns The Meadow Situate at Broad cove, lying to the Northward of His Fathers John POWERs meadow which he bought of James CULLEN/COLLINS, the Said John POWER Junior, His Heirs and assigns holding the above meadow, as a free gift for Ever, His Father John POWER Senior engaging to pay me during my life forty shillings Per Year Rent, which Rent is to be paid me on or about the Twentyeth (sic) day of October, Each Year, PAGE BREAK 134 given under my hand this is twenty fifth day of November. One thousand and eight Hundred and one. Signed sealed and delivered where no stamped paper is } (signed) Sarah ST. CROIX to be had . (signed) Francis BRADSHAW (signed) Jos'h BLACKBURN J.P. The above writing is a true copy of the original produced to us this day by the above John POWER Senior. We found it valid, to all intents and purposes, the Gift Being the real and undoubted property of the said Sarah ST. CROIX, being entitled to this one third of the property of which her husband. Entered the 23d Oct'r 1802 (signed) Francis BRADSHAW J.P. (signed) Jos'h BLACKBURN J.P. PAGE BREAK 135 Know all men by thesse presents. I William RYAN, a native of the Kingdom of Ireland, but now a fisherman in Placentia in the Island of Newfoundland, that for and in consideration of the Sum of 10 pounds Sterling, good and lawful money of Great Britain, to me in hand paid by John MORRIS, a native of the said Kingdom of Ireland but now in the second Battalion of his majestys Royal artillery, stationed in the garrison of Placentia aforesaid, before the unsealing and delivery here of, well and truly, the receipt whereof, I do hereby acknowledge, and myself to be therewith fully satisfied, and thereof, and every parcel and Part thereof, do fully clearly and absolutely, acquit release and discharge the said John MORRIS, his heirs executors, administrators & assigns, and every of them, forever by these presents, Have granted, Bargained, sold assigned, sett (sic) and confirm, unto the said MORRIS his heirs PAGE BREAK 135 Heirs, Executors, administrators, and assigns forever a Plantation that I lawfully Possessed of and Enjoy Consisting of one dwelling House and two Gardens, Situate, lying and being in Placentia, aforesaid, in as large, ample and Beneficial a manner, as the said Premises was occupied and enjoyed by me, with all the appertences (sic) Thereunto belonging, and every part & parcel thereof unto the said John MORRIS his heirs, executors, administrators and assigns, to his & to their proper use and uses, and as his and their own proper goods and Chattles (sic) from henceforth forever, and I the said William RYAN, do hereby for myself, my executors, administrators, Covenant Promise and agree with John MORRIS His executors, administrators and assigns that the said William RYAN, have in myself, full Power and Authority lawfully to grant bargain & sell, the aforesaid Premises unto the said John MORRIS, his executors and assigns in manner aforesaid and the premises PAGE BREAK 136 Premises above mentioned now are and be so from henceforth, Shall be and Remain and Continue unto the Said John MORRIS His Heirs Executors, administrators and assigns for Ever, and freely & clearly, acquitted, Exonerated & discharged of & from all, and all manner of former and other Bargains, Sales, Gifts, Grants, Tithes, Debts, Charges & incumbrances (sic) whatsoever. In witness whereof, I The Said William RYAN have hereunto Set my hand and Seal, this Twenty Eight day of October in The Thirty Eight (sic) Year of the Reign of our Sovereign Lord George the Third by the Grace of God, of Great Britain France & Ireland King defender of the faith, and so forth, and in the Year Lord One Thousand Seven hundred and Ninety Seven. (signed) William x (his mark) RYAN
Signed Sealed and delivered in Placentia by the Said Parties in the Presence of us. (signed) Michael MITCHELL (signed) Marcus BUTLER (signed) John EVANS I have minutely compared the foregoing deed of Sale, with the original presented to me this day and find them Exactly Correct. Placentia third March 1803. (signed) Jn'o McKILLOP Surrogate PAGE BREAK 137 Know all men by these Presents that I William KELLY of the City of Waterford in the Kingdom of Ireland and Boat Keeper of Placentia in the Island of Newfoundland, that for and in Consideration of the Sum of Forty Three Pounds Sterl.g good and lawfull (sic) money of Great Britain to me in hand paid by John MORRIS, now in His Majestys (sic) Second Battallion (sic) of Royal Artillery Stationed on duty in the Garrison of Placentia in the Island aforesaid, before the ensealing and delivering hereof, well and truly paid, the Receipt whereof I do hereby acknowledge and myself to be therewith fully Satisfied, and thereof and every part and Parcel thereof, Do fully, Clearly and absolutely acquit Release and discharge The Said John MORRIS His Heirs, Executors, administrators and assigns & Every of Them, for ever by the These presents, Have Granted Barganed (sic) Sold assigned, Set over & confirmed and by these Presents do fully, Clearly and absolutely Grant Bargain Sell and assign, Set over & confirm unto the Said John MORRIS His Heirs, Executors, administrators & assigns for Ever That Part of Martin KEILYs Plantation formerly Rented at PAGE BREAK 139 and in the year of our Lord one thousand seven hundred and ninety five, Sealed and delivered The original deed of Sale from William KELLY to John MORRIS of which the within is a true copy, was produced to me this date, and which appears perfectly right, Placentia 3'd March 1803 (signed) Jn'o MCKILLOP Surrogate. Know all men by their presents that I William MILLER of Placentia In the Island of Newfoundland, Boatkeeper have for, and in consideration of the sum of PAGE BREAK 140 of sixty pounds sterling to me in hand paid by the receipt whereof, I do hereby acknowledge have granted, Bargained and Sold, and by these interests, doth grant, bargain and sell, unto John MORRIS of Placentia aforesaid Vintner all that and share, that House and gardens situate in Placentia aforesaid, wherein James MARTIN now resides in, to have and to hold unto him the said John MORRIS, his heirs, Executors and administrators, the said premises in as full an ample manner, as the same is now Possessed by the said William MILLER, and I the Said William MILLER doth covenant & agree that he has full power and authority in his own person lawfully to sell and alienate, the said mentioned House & Garden but it is to be fully and clearly to be understood by this public instrument that should the said William MILLER his Executors PAGE BREAK 140 Executors, administrators or assigns pay or cause to be paid unto the said John MORRIS, his Executors administrators or assigns, the afore said sum of Sixty Pounds Sterlg. (sic) with the interest growing thereon on or before the Twentyth (sic) day of October next, ensuing the date hereof. Then and in such case, this obligation, so long as the money be paid as before mentioned, shall be void, of no effect, or else on the contrary, in case of non performance the said House and Garden is for ever forfeited, to the use and Benefit, of the said John MORRIS, His Heirs. Executors administrators or assigns. Signed Sealed and delivered William MILLER seal in Presence of (signed) Jos'h BLACKBURN John MORRIS seal I have completed the foregoing deed of sale with the Original presented to me this day and find them exactly correct Placentia 29th December 1803 (signed) Francis BRADSHAW JP PAGE BREAK 137 at Placentia, agreed for bargained & sold by Martin KEILY [KELLY]unto Thomas VEALE, His Heirs Executors administrators & assigns, containing in the whole from North to South Sixty Two feet, be the same more or less, and from East to West Fifty Two feet, together with the liberty of Six feet of waste ground in commonage, all the East end of said premises, for a lane, between the said concerns of the widow SPRUHAN/SPREEHAN?, and also the liberty and commonage usual to & from the said concerns to the lane at the Eastward End of said premises, leading to & from the water side to the Beach, to have and to hold the said mentioned Premises, with house thereon Built, with all its fixtures as it now stands, all and singular the above bargained premises with their appertenances (sic) and every part & parcel thereof unto the said John MORRIS, His Heirs, Executors administrators and assigns, to his and their own proper use & uses, and his and their own proper goods and chattles from henceforth and for ever, and I the said William KELLY, do hereby for myself my executors administrators covenant promise and agree, to and with the said John MORRIS his executors administrators and assigns PAGE BREAK 138 assigns, that I the said William KELLY have in myself full power and authority, lawfully to grant bargain and sell the said House, fixtures & ground and all other the above bargained premises unto the said John MORRIS, His Executors and assigns in manner aforesaid, and that the said House and Ground, and all other the above bargained premises as the (sic) now are and be, and so from henceforth shall be, and remain and continue, unto the said John MORRIS His Heirs, Executors administrators and assigns free and clear, and freely and clearly, acquited (sic) and exonorated (sic) & discharged, of & from all, & all manner of former, and other Bargains, Sales, Gifts, Grants, Titles debts charges & incumbrances, whatsoever, in witness whereof I the said William KELLY have hereunto set my hand and seal, this Sixth day of April, in the Thirty Fifth 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 and
PAGE BREAK 141 These are to certify that the foregoing is a true and correct copy of the Original Record Book of Placentia, No. 3 Commencing on Tuesday the 8th day of August 1786 and ending on the 29th day of December 1803. (signed) Francis BRADSHAW J.P. (signed) Jos'h BLACKBURN J.P.
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Page contributed by Devon Griffin
Transcribers for this volume are:
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.
Page Revised by Ivy F. Benoit (Wednesday January 23, 2019)
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