defendants, & the husband & sons of the plantiff (sic), and that the Sum in question appeared by the account to be due to the Plantiffs (sic) husband at the end of December 1799, and that the ballance (sic) so due was regularly transfered (sic) to the account for the present year, and as the husband of the plantiff (sic) is now at sea

PAGE BREAK

47
sea, in the service of the Defend'ts the Court was of opinion that this Cause should be discharged. Discharged accordingly
No costs
(signed) Geo. Fred RYVES Surrogate

18th August 1800 Placentia

Joseph FERMAGE [FARMAGE] Plantiff (sic) versus
John POWER Defend't

The case an action for an assault. On investigating the particulars of the charges, it appeared to the Court that the (sic) were vexatious and groundless, as such the action was discharged.
No costs.

(signed) Geo. Fred RYVES Surrogate

18th August 1800 Placentia

James CONSTANTINE Plantiff (sic) versus
Robert BALLARD Esq'r Defend't

To Recover the sum of £ 5-14-3 for cloaths (sic) made for defendant. On investigating this case the Court was of opinion, that the whole ammount (sic) of the Plantiff's (sic) claim, was due, and adjudged the payment of the same accordingly.
No costs.

(signed) Geo Fred RYVES Surrogate

PAGE BREAK

48

18 August 1800 Placentia

Petition of Patrick POWER praying Relief

The Petition setts (sic) forth, that the bad state of his health, has deprived him of the means of his Providing himself with support for these two last years past, on its appearing to the Court, that there is no Provision made or made Established for the Relief of the Infirmed at Placentia.

The Court has adjudged his being Supported untill (sic) otherwise provided for, out of the monies arising from fines, not yet paid into Court.

(signed) Geo Fred RVYES Surrogate

18 August 1800 Placentia

Garett RIELLY Plantiff Versus
Mr. Edwd.LARKIN def't

To Recover the Sum of £ 7. 13. 4 Bal'n of account, for Salmon sold the Defendant.
Plaintiff informed the Court that in the Season 1799 he disposed the whole of the Salmon he had to the Def't for which he the def't paid him in goods of various Kinds excepting the Sum of Seven Pounds Thirteen Sh'gs & four pence which sum was Retained by the def't in Consequence of a writ from J. EVANS Esq. then Justice, which writ extended to order the Sum in dispute to be paid into the hands of Robert HANNAH Esq. of Placentia on Acc't of the Plaintiff, which Sum of Seven Pounds Thirteen Shillings & four Pence, he was Indebted to the Said Robert HANNAH & Co. on

PAGE BREAK

49
On Balance of an account.

On investigating this Case it appears that it had been Settled by arbitration on the 19th Dec. 1799. The Court was of opinion, that there existed no grounds for appeal from the award of the arbitrators.

No Costs

Mary KEILY Plaintiff Versus
Robert BALLARD Junr. Esq.

(signed) Geo. Fred RVYES Surrogate

18th August 1800

To Recover £ 9-10.0 for Seven months Servitude, being agreeable to the terms entered into by the Contracting parties, at the rate of £6 per annum Calendar months.

On investigating the particulars of this Case it appeared to the Court, that the plaintiff Served Seven months (of the twelve) at the expiration of which time She gave notice to her Mistress, that from the Situation She found herself in She being with Child, the work of the House was more than She was capable to perform, & that she was bent on quiting (sic) her Service the following day, which having done, the Defend't Refused paying the wages agreed on.

The Court was of opinion, that as the Def't Suffered Some loss, from the abrupt departure of the Plaintiff She was not entitled to the Seven months wages, & awarded her, four months wages as a full compensation for the time She was in the Defendants Service.

No Costs

Geo. Fred RVYES Surrogate

PAGE BREAK

50

19th August 1800

At a court held this day at Placentia Newfoundland, Present, George Fred. REYVES Esq'r Surrogate John EVANS Esq'r Justice of the Peace and Principal Inhabitants of the place

Elizabeth MARTIN Plaintiff Peter SYNOTT Defendant

The Case on action for assault.
The Defend'nt in his defence states that the Plaint'f accused him of having stolen & sold his masters Canvas and that he was drunk when he entered the House of the Plaintiff. and behaved in the manner which grounded this action, it appeared on the evidence of the Plaintiff, that on the second day of May last he entered the Plaintiffs house, when he abused her much & kicked her, Elizabeth WALEN [WHALEN] the Plaintiff Servant was Present, whom the def'. also much abused, on full examination of the different witnesses, and on investigating fully the Particulars of the Charge, the Court from the whole of the circumstances adduced, were pleased to adjudge the defendant, for to find Security for his future good behaviour in the Sum of Ten Pounds.

No Costs.

Geo Fred RVYES Surrogate

PAGE BREAK

51

August 19th 1800

John CUMBY Plaintiff Versus
Jon'o HEFFERMAN. Def't.
The Case an Action for trespass.

The Plaintiff states he has been married two years and resided with his wife, a Girl about fourteen years of age on the Island of Rams in the Service of the def't whom he charged of seducing his wife, and takeing (sic) her away to another Island.

The Plaintiff it appeared on evidence always Since his marriage lived hapily (sic) with his wife and during his serving the def't never saw any particular attention from him, to his wife, he was at work in his Service, when the def't took away his wife from a Plantation on the back part of the Island, remote from where the Plaintiff was at work, & carried her away to another island. It further appeared that the def't had bought the plaintiffs wife, from David GRIFFITHS her uncle, which he conceived sufficient authority for taking her away from her husband the Plaintiff without his knowledge or Consent.

The Court having entered fully into the merits of the case, and duly considered the circumstance attending it, adjudge the defendant to pay to the Plaintiff the sum of £20-0-0 Twenty Pounds Sterling for damages

With Costs

Geo. Fred RVYES Surrogate

PAGE BREAK

John CASHIN Plantiff (sic) versus
Richard ST. CROIX

The case on action for Theft.

52

August 19th. 1800

After hearing the evidence on the Part of the Prosecution, which could not substantiate the Charge and many Respectable witnesses appearing in favor of the defendants character, The Court was of opinion, it was groundless and unfounded, & adjudged the defendant Innocent, Discharged accordingly.

No Costs.

Geo Fred RYVES Surrogate

August 19th 1800

The Petition of the Boatmen of Placentia.

The Petition states, that on the Petitioners delivering their fish to the Merchants, they are not made acquainted with the Price for them to be paid untill (sic) a long time after the fish is delivered, and praying a Price may be established agreeable to the market Price of fish at St. Johns.

Refered (sic) to the Supreme Court at St. Johns.

Geo. Fred RYVES Surrogate.

PAGE BREAK

53

Placentia Oct. 2nd. 1800

At a Court held this day a commission was read appointing Francis BRADSHAW and Josiah BLACKBURN Esq. His majesty's Justices of the Peace for the District of Placentia, and the Said Justices were then & there Sworn in accordingly by John EVANS Esq'r By His Excellency Charles Morrice POLE Esq. Governor of Newfoundland. &c &c &c

By virtue of the power & authority to me given by His majestys (sic) letters made patent, bearing date at Westminster the third day of June, in the fortyeth (sic) Year of the Reign of our Sovereign Lord George the Third of Great Britain, France and Ireland, King defender of the faith &, To Constitute and appoint Justices of the Peace and other officers & ministers for the better administertration (sic) of Justice & Keeping the Peace in the Island of Newfoundland, I do Constitute and appoint you Francis BRADSHAW and Josiah BLACKBURN Esq'rs His majesty's justices to keep the Peace in the harbour & in the district of Placentia and to keep & cause to be kept, all ordinances & statutes made for the good of the Peace, and for the conservation of the same & for the quiet Rule & government of the People in all & every the articles thereof in the Said district, as well within the liberty as without according to the force and Effect of the same and to Chastise and Punish, all Persons offending against the forces of these ordinances and statutes, as shall be fit to be done, and to force to come before you, all those persons, who shall threaten any of the People in their persons, or in the Burning of their houses, to find sufficient security for their Peace, or for their good behavior towards his majesty and the People, and if they shall refuse to find sufficient security then to cause them to be kept safe in prison untill (sic) they find such security. I have also appointed you the said

PAGE BREAK

54
Said Francis BRADSHAW and Josiah BLACKBURN Esqr his majestys justices to enquire by the oaths of good and lawfull men of the district aforesaid by whom the truth may be better known of all and all manner of fellonies (sic), trespasses, forestalling, regreatings, engrossings and extorsions (sic) whatsoever, and of all & singular other misdeeds and offences of which justices of peace may & ought lawfully to enquire, by whomsoever or wheroever (sic) done or perpetrated, which hereafter shall happen

whosoever to be done or attempted in the district aforesaid, who have either gone or riden (sic) or shall hereafter presume to go or ride in companies with armed force against the peace, or to the disturbance of the People, and also those who shall hereafter lay in wait to maim or kill his majesty's People or the native savages of this island of Newfoundland, and also of all Innholders and all & singular other persons who have offended or attempted or shall hereafter presume to offend or attempt in the abuse of weights & measures,or in the sale of victuals, against the form of these ordinances and statutes or any of them in that behalf made, for the common good of England & the People thereof in the district aforesaid, also of all constables, bailiffs, Stewards gaolers & other officers &c whatsoever, who in the execution of their office or any of them, in that behalf, have unlawfully demeaned themselves or hereafter shall presume unlawfully to demean themselves or have been or hereafter shall be caught remiss or negligent in the district aforesaid or which hereafter shall happen, & of all & singular articles & circumstances & all other things done or perpetrated in the district aforesaid, or hereafter shall happen to be done or attempted in any wise more fully concerning the truth of the premises or any of them, & to inspect all indictments so before

PAGE BREAK

55

Before you taken and made, or taken before others late Justices of the Peace in the district aforesaid, and not yet determined and to make and Constitute the process hereon, against all and singular persons so indicted before You, or untill (sic) they be apprehended or render themselves or be out laws, and to hear & determine all and singular the fellonies (sic), forestallings trespasses regraterys (?) engrossings extortions, unlawfull (sic) assemblies indictments aforesaid and all 7 singular other premises according to the laws and statutes of England, and to chastise & punish the said persons so offending, and every one of them for their offences by fines ransoms amarcments?, forfeitures or otherwise, as aught & has been used to be done, according to the laws & customs of England-------------------------------------------------------------------- Provided always that if a cause of difficulty
upon the determination of any of the Premises shall happen to come before You or any Capital offence be brought before You, such as murder, robberies, fellonies (sic), then You proceed to find judgment, but take care that all persons guilty of such offences be sent to the County Prison at St. Johns, in order to take their trial at the assises yearly to be held there, & that You dilligently (sic) intend keeping the Peace, ordinances & Statutes, and at certain days & places which You, as is aforesaid, shall in that behalf appoint, that You hold Quarter Sessions of the Peace, and that You hear & determine all & singular the Premises & Perform & fullfill (sic) the same in form? aforesaid, doing therein what to Justice appertaineth, saying to his Majesty the ?erments? & other things to him thereof belonging & by virtue of these presents at certain days & places which You as is aforesaid shall make therein knowing, You are required to cause to come before You, as is aforesaid such and as many good and lawfull (sic)men of the district aforesaid by whom the truth of the Premises may be better known & enquired of & furthermore You are required, to appoint at certain times & places as aforesaid of such of the Inhabitants and Planters residing & abiding in

PAGE BREAK

56

In the winter in the district aforesaid, a proper number of Constables and other Ministers of Justice as is necessary for preserving the peace and quiet of his Majestys Subjects, provided always that your men and any such person or persons or any other officer or Minister of Justice by your appointee do suffer to act in such office without he or they having taken the Oath mentioned in an Act passed in the First Year of the Reign of King George the first instituted an act for the better security of his Majesty, Persons & Government and the succession of the Crown in the heirs of the late Princess Sophia being protestants & that you do nothing contrary to the act for encouraging the trade to Newfoundland passed in the Tenth and Eleventh Years of the reign of King WILLIAM the third nor in any manner obstruct the power thereby given to admirals of Harbours or Captains of the Ships of War, or any other matter or thing either promised by the said Act, or by such instructions as you shall receive from me, but that you & your inferior officers and ministers, whom you shall appoint amongst the Planters residing and abiding in the district aforesaid, are kindly required in all cases and times whenever necessary to be aiding & assisting to the utmost of their power to the Commodore or Commander of His Majestys ships of war, and to the several admirals in the respective harbours in puting (sic) into execution the several good rules & orders prescribed by the Said Act for encouraging the trade to Newfoundland, and I do strictly require all and singular the Planters and inhabitants of the district aforesaid to be observant aiding and assisting unto you, and to the officers so by you appointed in preserving the peace and

PAGE BREAK

57

and executing the Power and authority herein contained, as they will answer the contrary.

In witness whereof I have hereunto set my hand and affixed my Seal at Fort Townshend St. Johns in the Island of Newfoundland this 18 September 1800
(signed) Ch. M. POLE To: Francis BRADSHAW & Josiah BLACKBURN Esq
Hereby appointed His Majesty's Justices of the Peace For the Harbour and District of Placentia
in the the Island of Newfoundland.

By Command of the Governor Samuel RICHARDS.

N.B. After turning over six pages of this Book, Commences the Minutes Recorded of the transactions of the Court of sessions, under the administration of Francis BRADSHAW & Josiah BLACKBURN Esq appointed Magistrates by virtue of the foregoing commission, granted by His Excellency Governor, Ch.
M. POLE, Esq'r

PAGE BREAK

58

By His Excellency Sir Richard KING, Bar't, Vice Admiral of the Blue Squadron of His Majesty's fleet, governor and Commander in Chief of His Majesty's Ships & vessels employed and to be Employed at and about Newfoundland. &c &c &c
Whereas by an act passed in the thirty third year of his Present Majestys Reign intitled (sic) an act for establishing Courts of Judicature In the Island of Newfoundland & Islands adjacent, It is enacted that it shall be lawfull (sic) for the governor from time to time to Institute Courts of Civil Jurisdiction, to be called Surrogate courts in different parts of ye Island of Newfoundland, & the Islands adjacent, as Occasion Shall Require.

With full power & authority to hear & determine in a Summary way, all Suits and Complaints of a Civil Nature arising on the Islands & Seas to which Ships & vessels repair to the Island of Newfoundland for carrying on the fishery and on the banks of Newfoundland, and that the said Courts shall be kept by a Surrogate, to be appointed from time to time, by the governor of said Island as by relation of said act will more fully appear, Be it known that by the authority in me vested, I do by there (sic) presents institute one such Surrogate Court, to be held at Placentia in the said Island of Newfoundland, and appoint John BROWN Esq. Surrogate to hold the Said Surrogate Court, in manner and form as directed by Said act, given under my hand and seal at St. Johns Newfoundland this Eleven(sic) day of October 1792.

(signed) Richard KING

To John BROWN Esq.
By His Excellency's Command Charles BREWER

By Sir James WALLACE Kn't Rear Admiral of the White Governor & Commander in Chief in and over the Island of Newfoundland, &c &c &c

Sir Richard KING having appointed you surrogate for the District of Placentia bay--------------------------------------------------------------------------------- I hereby confirm
the said appointment, Requesting & directing you to be aiding & assisting the magistrates of the said District of Placentia bay in in (sic) the preservation of the peace, the maintenance of good order & regularity and the distribution of justice amongst his majesty's Subjects. Given under my hand & Seal at Fort Townshend at St. Johns Newfoundland on the 20th day of August 1794

To John BROWN Esq'r Surrogate for the District of Placentia bay

By Command of the Governor

(signed) Ja's WALLACE (signed) Jno.HOTLL

PAGE BREAK

59

By His Excellency Sir Richard KING, Bar't Governor and Commander in Chief in and over the Island of Newfoundland in America and the Islands of Madelaine (sic) in the Gulph (sic) of St. Lawrence.
By virtue of the power and authority to me given by His Majesty's Letters made patent, bearing date at Westwinter the nineteenth day of July 1792 in the Thirty Second year of the Reign of our Sovereign Lord George the Third of Great Britain, France & Ireland, King defender of the faith &c, To Constitute & appoint Justices of the peace, and the other officers and ministers for the better administration of Justice & Keeping the Peace in the Island of Newfoundland in America, I do Constitute you, John BROWN, John EVANS, and James OAKLEY Esqs. His Majesty's Justices of the Peace for the district of Placentia bay, and to Keep and Cause to be kept all ordinance and Statutes made for the good of the peace and for the conservation of the Laws, as well within the libertys or without according to the force, form, & effect of the Same, & to Chastise & punish all Persons offending against the forms of these ordinances & Statutes or shall be fit to be done, and to Cause to come before you, all those persons who Shall threaten any of the People in their persons or in the burning of their Houses to find Sufficient Security for their Peace, or for their good behaviour towards His Majesty & the People, & if They Shall refuse to find such Security to Cause them to be Kept Safe in Prison till they shall find Such Security, I have also appointed you or either of you, John BROWN, John EVANS, and James OAKLEY Esquires, His Majesty's Justices to enquire by the Oaths of good and lawfull (sic) men of the district aforesaid, by whom the truth may be better Known of all & all manner of fellonies (sic) Trespasses, forestalling, regratings & extortions whatsoever & of all Singular misdeeds and offences of which Justices of the Peace may Require, by whosever (sic) done or perpetrated or suffer to be done in the district afors'd who have either gone in companies in armed force against the Peace or to the disturbance of the People, also all those who have laid in wait to maim or kill His Majesty's People or the Native Savages of this Island, also of all Innholders, & all Singular other Persons, who have attempted in the abuse of weight

PAGE BREAK

60

Weights and measures in the sale of victuals, against the form of ordnances (sic) & statutes, or any of them in that behalf made for the common good of England, also of all Sheriffs Constables Bailiffs Stewards Bailers & other officers &c, whatsoever who in the execution of their office about the Premises or any of them have unlawfully demeaned themselves or have been or hereafter shall be careless or negligent in the district aforesaid and of all circumstances and all other things whatsoever whomsoever or howsoever, done or perpetrated in the district aforesaid, more fully concerning the truth of the premises or any of them, and to inspect all Indictments whatsoever so before you either of you, taken and made or taken before others late Justices of the Peace in the district aforesaid, and not yet determined, & to make & constitute the process thereupon, and to hear and determine all & singular the fellonies (sic) trespasses forestallings regratings ingrossings (sic) extorsions (sic) unlawfull (sic) assemblies, indictments aforesaid and all singular other Premises, according to the laws & statutes of England, as in the like cases hath been used & ought to be done, and to chastise & punish the s'd persons offending and every of them, for their offences by fines ransoms assurements?, forfeitures or otherwise as ought & has been used to be done according to the

PAGE BREAK

61

The laws & customs of England or the ordinances & statues aforesaid, Provided always that if the cause of difficulty upon the determination of any of the premises shall happen to arise before You, or either of You, or any capital offences, be brought before you, such as robberies, murders, fellons (sic), then You nor any of You do proceed to give Judgment therein, but take care that all persons guilty of such offences be sent to the County Prison at St. Johns in order to take their trial yearly to be held there and that You hold Quarter Sessions of the Peace, & that You hear and determine, all and singular the Premises and perform & fullfill (sic), the same in form aforesaid, doing therein to what Justice, appertaineth according to the laws and customs of England, saveing (sic) to His Majesty the am??? and other things to him thereof belonging, and furthermore You are hereby required to appoint at certain times & places as is aforesaid, of such of the Inhabitants & planters as is abiding in the winter, a proper number of Constables & other ministers of Justice, as is necessary towards preserving the Peace & Quiet of His Majesty's subjects, and that You or either of You do any any (sic) thing by virtue of these presents contrary or repugnant to the Act for encouraging the trade to Newfoundland, passed in the tenth and eleventh years of the Reign of King William the Third, nor in any manner obstruct the power thereby granted or given to

PAGE BREAK

62

to the Admirals of Harbours or Captains of the Ships of war or any other matter or thing either prescribed by the Said Act or by Such Instructions as you shall receive from me, but that you and both of you, and your inferior officers and ministers who you shall appoint amongst the planters or Inhabitants Residing and abiding in the district aforesaid are strictly Required and Enjoined in all cases & times whensoever necessary to be aiding & assisting to the utmost of their power, to the Commadore (sic) or Commanders of His majestys (sic) ships of war, and to the several admirals in their Respective Harbours, in puting (sic) into Execution the several Rules Prescribed by the said act, for encouraging the trade to Newfoundland and I do strictly require all & singular the planters & inhabit'ts of the district aforesaid, to observant aiding & assisting unto you or either of you and the officers, so by your appointed in preserving the Peace & executing the power & authority herein con't as they will answer the contrary. Finally I have appointed you John BROWN Esq. Keeper of the rolls of the Peace in the Said District and therefore you shall cause to be brought before yourself and your said fellows at the said days & place, the writs Precepts, processeses & indictments aforesaid that the same may be inspected, & by a due course determined as aforesaid, in witness of whereof. I have hereunto affixed my hand & seal at St. Johns aforesaid this Eleventh of October 1793.
(signed)Richard KING
By His Excellencys Commands (signed) Cha's. BREWER

PAGE BREAK

63

at a Court of sessions Held 6th Nov'r 1793.

The Licences called in and Renewed, the following licences granted. Mrs. MURPHY widdow (sic). John MADDOCK Planter and John VIGUS [VIGUER] Planter.

(signed) BROWN Keeper of the Rolls

at a Court of sessions held the 10th Dec'r 1793.

John CADY of Little Placentia fined five Pounds for selling Liquor at Little Placentia without licence the fine paid into the hands of the Rev'd. John EVANS Justice of the Peace by Edw'd POWER for John CADY no more complaints being produced the Court adjourned.

(signed) BROWN Keeper of the Rolls

at a Court of sessions held the 19th March 1794.

a Complaint made by Thomas WELCH [WALSH] of Burin that 5 men forciably (sic) entered the house of Mrs. WELCH [WALSH] and did assault and beat Thomas POWER & Owen GORMAN at the hour of 12 oclock at night on the 17th day of March in a very cruel & barbarous manner. Rich'd POWER & Th's CONNORS than (sic) appeared to be the ring leaders & the other three not being apprehended nor could not be found, were tried by a jury & found guilty of the crime laid against them, ordered that the said R'd POWER & Th's CONNORS should receive 39 lashes each on the 20th day of March at the common place of Correction, and afterwards be returned to Jail, & on the 21st day of March be brought again to the place of Corrections and Receive 39 lashes more, POWER Rec'd. the 39 lashes. CONNORS rec'd 30 only, the Surgeon declaring he could not bear any more, they then were returned to prison till they could find security for their good behaviour.

(signed) BROWN Keeper of the Rolls

PAGE BREAK

64

6th July 1794

At a court held this day, present John BROWN and James OAKLEY Esq'rs J. Peace The court being opened it was ordered that all complaints should be made in writing.
William COLLINS presented a petition against his servant John MURPHY that he refused going in the boat, but wanted to be clear, he & his boat's master having had some words in the boat it being proved that John MURPHY was in fault.

Ordered to go immediately in the boat & to do his duty or the next morning 10 o'clock if found out of the boat to receive 39 lashes on his bare back at the public whipping post, he promised to go in the boat & do his duty, there being no more complaints the court adjourned.

(signed) J BROWN J.P.&C.R.

6th October 1794

At a court held this day, present John BROWN & J. OAKLEY J.P--------------------------------------------------------------------------------- The court being opened, ordered
that all complaints should be made in writing.----

John FLING [FLYNN] presented a petition against his master James POWER, that he refused letting him go in the boat, but ordered him off the Room, & would give him nothing to eat, the master being summoned the agree't produced Ja's POWER charged J. FLING [FLYNN] with neglect of duty, after examining the crew on oath & finding no neglects could be proved. Ordered John FLING [FLYNN] to go in the boat. The court adjourned being no more complaints.

(signed) J. BROWN C.R.

PAGE BREAK

65

6th Nov. 1794

At a court held this day Present John BROWN & Ja's OAKLEY J.Peace, The court being opened it was ordered that all complaints should be made in writing.

John CODY presented a petition against his servant, John CRONEY that he had neglected his duty in the busy time of the fishery to the great detriment of his voyage. They Boatsmaster & crew examined on oath & finding no neglect could be prooved (sic),

Ordered that John CRONEY should be paid the full Ball'ce (sic) of his wages, according to his contract which was paid the B'al of his account in Bills of Exchange.

Mary CONNELLY petitioned that Pat'k MURPHY was indebted to her thirty shillings for washing, and told her, she must stay for payment til next year. Patrick MURPHY, summoned, acknowledged the debt to her Just Ordered to pay her immediately before he left the court, which was done.

(signed) J Brown J.P. & C.R.

10th November 1794

At a court held this day. Present John BROWN and James OAKLEY. Justices Peace.

Charles HUNT presented a petition that he was ship'd to Robert SPARROW a Planter of J.& M. NEAVE who had taken all the fish & oil, but refused to pay him his wages, telling him that Rob't SPARROW was in debt, he must get his wages of SPARROW who gave him his shipping paper.
Ordered that J.& M. NEAVE should pay said HUNT his wages, according to his contract as no neglects could be prooved (sic) against him, which was done, to the poor servant's satisfaction.

(signed) J Brown. C.R.

PAGE BREAK

66

10th Nov 1794
At a court held this day Present John BROWN and Ja's OAKLEY J P--------------------------------------------------------------------------------- The court being opened it was
ordered that all complaints should be given in writing.

Mary WALL presented a petition against David WALSH seting (sic) forth that the s'd WALSH had promised to pay her 35/0 for two mens (sic) washing, that was his servants at the time he kept a fishing boat, that the servants had it in their shipping paper, the two contracts, being produced and it appearing by the contracts, he was to pay their washing.

Ordered s'd WALSH to pay s'd Mary WALL 35/0, for the two servants washing, which he acknowledged was 35/0, which was done & payment mad (sic). The Court adjourned there being no more complaints.

(signed) J BROWN J P & keeper of the Records

14th Nov 1794
At a Court held this day present John BROWN and Ja's OAKLEY Justices Peace.

John WILLIAMS petitioned against John PAYNE that he had agreed to bring him a quant'y of studds (sic) and had agreed to pay him in any goods he should want, & if he had not such goods as he wanted, to pay him for the studds in cash or Bill, that when he called on said PAYNE for payment he had no bread to spare,which was what he wanted for his family, the agreement being produced and finding it to be mentioned & as written had declared----------------------------------------------- ordered to pay him the acc't in cash or Bills of Exchange,
according to the agreement, which was done, being no more Complaints the Court adjourned

(signed) J BROWN J P & keeper of the Records

PAGE BREAK

67

22nd Nov'r 1794

At a court held this day Present John BROWN & Ja's OAKLEY J Peace

Daniel HAGAN presented a petition the he was on the shares to have half the fish he caught, that Mr. Nichols had taken all the fish that Andrew KENEDY [KENNEDY] had caught in the boat this season and s'd KENEDY [KENNEDY] fell in debt to s'd NICHOLS , that NICHOLS refused to pay s'd HAGAN for his part of the fish, telling him he must have the payment of his part of the fish of KENEDY [KENNEDY].

Ordered that as NICHOLS had rec'd s'd HAGANs fish he should pay him for it, at the current price that was given in the bay, which was done to the poor mans (sic) satisfaction. There being no more Complaints the Court adjourned to the 25th November.

(signed) J BROWN J P & Keeper of the Records

25th Nov 1794

Present John BROWN and Ja's OAKLEY J Peace---- At a court held this day to renew the
licences                    two licences only taken Ja's MADDOCK at the sign of the Jolly Sailor & John VIGUS [VIGUERS] at the sign of the ship, the Court adjourned to the 27 December 1794.

27 Dec 1794

At a court held this day present John BROWN and Ja's OAKLEY Justices of the Peace--------------------------------------------------------------------------------- John
CONNORS petitioned seting (sic) forth that Patrick BORKE (BURKE) had stole from him several sticks of firewood, BURKE summoned & acknowl'd that he had taken only two sticks, which CONNORS found on his back and swore that he marked the sticks, as he had lost sticks several times & suspected BURKE of takeing (sic) it but could not proove (sic) it before, it being fully prooved (sic) that Burke was guilty of the Crime laid against him---------------------------------------------- ordered s'd BURKE should receive 39 lashes on his bare back at
the publick (sic) place of Punishment.

Mary BURKE, presented a petition seting (sic) forth that Patrick MAHER was indebted to her for his washing 20/0 and refused to pay her, MAHER being summoned was asked what reason had he to give, for not paying Mary BURKE for his washing, he said he would pay her next year---------------------------------------------------------------------------- ordered that s'd
MAHER should pay her immediately which was done, no more complaints, the Court adjourned

(signed) J BROWN JP & Keeper of the Records

PAGE BREAK

68

27 January 1795

At a Court held this day Present----- John BROWN & Ja's OAKLEY by Justices Peace

Mary WALL, presented a petition seting (sic) forth that John NEAGLE was indebted to her the Sum of 20/0 for washing, that he the Said NEAGLE refused to pay her, as she had lost one of his shirts, which was a very old one good for nothing but trade, and he wanted the Price of a new shirt, NEAGLE summonsed he said the shirt was as good to him as a new one, it was only half worn---------------------------------------------------------------------------- Ordered that
WALL should allow him for the shirt, She said she would allow him five shillings. He said he was satisfied to take it, Said NEAGLE paid her 15/0 the business settled. No more complaints the Court adjourned.

(signed) J. BROWN J.P. & Keeper of the Records

20th Feb'y 1795
At a Court held this day. Present John BROWN and James OAKLEY J. Peace.

Patrick RYAN presented a petition seting (sic) forth that John KENNY was indebted to him in the sum of 40/ and produced a note of hand from s'd KENNY to be paid on demand. RYAN had aplied (sic) several times & could not get paid. S'd KENNY summ'd, acknowledged the debt to be just, said he had nothing to pay. RYAN told him if he p'd 25/ & give him a note to pay him the other 20/ on or before the 2nd October 1795 he would be satisfied, & the business was settled. No more complaints the Court adjourned,

(signed) J. BROWN J.P. & Keeper of the Records

PAGE BREAK

Francis BLACKBURN Versus

69

Court of Sessions Placentia 7 November 1800

SAUNDERS & SWEETMAN

This cause was in consequence of an order from George BLANCH on the defendants for payment of
£5-3-1½ wages due unto Elizabeth MOVELL, from him & If the def'dts being said BLANCH's merchants, the order was drawn on them, the said order was passed to Plaintiff which when he presented for payment to Mich'l SWEETMAN, agent for def'dts it was refused. But upon application from this Court it was immediately paid.
(signed) Francis Bradshaw J.P. (signed) Jos. Blackburn J.P.

Court sessions of 8 November 1800

John POWER Versus
SAUNDERS & SWEETMAN

This was an action for the recovery of one pound three shillings and eleven pence, being an under charge on hoops, sold by plaintiff to def'ts and it appearing that the charge was well founded------------------------------------------------------------------------------ Decreed that
SAUNDERS & SWEETMAN shall pay the full amount of the above £1-3-11

(signed) Francis BRADSHAW J.P. (signed) Jos. BLACKBURN J.P.

The Inhabitants of this district Versus
Josiah BLACKBURN Esq'r.

A Petition from the Inhabitants of this district, having been presented, praying the removal of Mr. BLACKBURN's family out of this harbor, They having been inoculated with the small pox. The remonstrance of the Inhabitants was accordingly complied with by the immediate removal of said family to the other side of the water.

(signed) Francis BRADSHAW J.P.

PAGE BREAK

John POWER versus
Joseph FERMAGE

70

Court of Sessions Nov'r 8th. 1800

John POWER complains that the def't hath defamed defamed his Character, and lays his damages at Twenty pounds This matter being referred to the Consideration of a Jury which being duly Sworn. doth, unanimously give the following opinion - Viz - We the undersigned are unanimously of opinion that the Plaintiffs Character Could not be injured by any misrepresentation which the Def't. could advance against him, for Self & fellow Jurors
(signed) D. WALSH, foreman.
(signed) Francis BRADSHAW, JP (signed) Jos'h. BLACKBURN JP

John ROACH versus
Dan'l. O'BRIEN

This was an action for the Recovery of Six pounds & five shillings, being oweing (sic) unto the Plaintiff from the def't. for labour Performed the Year 1797-------------------------- The Settlement of this demand being Submitted
to the Decision of a Jury who being duly Sworn, doth Return us their verdict--------------------------------------------------------------------------------- that the defendant do
pay unto the Plaintiff the Sum of Three Pounds Sterling.

(signed) Francis BRADSHAW JP (signed) Jos'h. BLACKBURN JP

PAGE BREAK

Robert. BALLARD

71

Court of Sessions 4'th Dec'r 1800

versus
MILLER & LANG

This was an action to Recover from the defendants the Sum of Forty Shillings, for three weeks detention of Plaintiffs Skiff which they Carried away from her moorings without his Knowledge or Consent ----
The defendants being examined respecting this transaction, and Set up no other defense than that they only employed the Said Skiff half the time Set forth in plaintiffs Complaint-------------------------------------------------------------------------- Decreed that the
defendants Shall pay Plaintiff the Sum of Thirty Shillings.

(signed) Francis BRADSHAW J.P. (signed )Jos'h. BLACKBURN J.P.

Court Sessions 30 Jan'y 1801

John POWER versus
Arthur BRENNAN

The Plaintiff having exhibited articles of the Peace against the defendant - the Court ordered that the def't. Should find Security for his good and Peacable (sic) deportmont (sic) towards the Plaintiff and others His majestys (sic) liege Subjects, himself in Thirty Pounds, and Two Sureties in fifteen Pounds Each - which having been accordingly done the case was settled.

(signed) Francis BRADSHAW J P (signed) Jos'h. BLACKBURN J P

PAGE BREAK

72

Court of Sessions 28 March 1801

Thomas GRANT presented a memorial praying for liberty to build a Cook Room and fishermans (sic) house under one Roof, and the Spot of Ground which he prayed to be granted him being unoccupied, and not Claimed by any person - We therefore allow said Grant to erect a temporary Cook Room thereon untill (sic) the Surrogates Permission be obtained.

(signed) Francis BRADSHAW J.P. (signed) Jos'h. BLACKBURN J.P.

June 1st. 1801

At a Court held for the Purpose of Licencing (sic) persons to keep Public Houses, and Calling in the old ones.
Patrick BRADY, Peter SINNET (SINNOTT), Francis BLACKBURN and Dennis O'BRIEN petitioned to be licenced (sic) their good character being Established, and they giving Sufficient Security, they were accordingly licenced (sic) for one Year from this date.

(signed) Francis BRADSHAW J.P.

(signed) Jos'h. BLACKBURN J.P.

PAGE BREAK

73

Court of Sessions June 5th 1801

Francis BLACKBURN appeared in this Court praying that an order might be granted him, to stop from the wages of the following persons the Sum Set forth against their Respective Names Viz.

Robert PHILLIPS Servant to John POWER                                        9-2-8 James KEHOE Servant to A'd. FORESTAL                                        11-1-6 Mich'l. RYAN Servant to Geo. BLANCH                                        3.18.6 David DOYLE Servant to                                        Do.                                        4-18.0
at the Suit                    {Tho's. LAKE Servant to                                        Do.                                        3. 0. 6. of John LANG                            {David DOYLE Servant to                                        Do.                                        5. 14. 2.

The Court Attended to their prayer and and (sic) Issued Attachments against those peoples (sic) Wages, on their masters hands.

(signed) Francis BRADSHAW J.P. (signed) Jos'h. BLACKBURN J.P.

June 8th 1801

Mary SMITH versus.
James SMITH/her husband

Mary SMITH personally appeared and having Sworn on the Holy Evangelists, that she is in bodily dread and fear that the Defendant her husband will murder her,------------------------------------ The Court interfered and hath obliged the
def't. to Give Security that he will preserve the Peace with the Plaintiff his Said wife, himself in Twenty pounds and Two Sureties in the Sum of Ten Pounds Each

(signed) Francis BRADSHAW J.P. (signed) Jos'h. BLACKBURN J.P.

PAGE BREAK

The King Versus
Arthur BRENNAN

74

Court of Sessions 10 Jun 1801

This was an action for contempt of his majestys (sic) authority in the persons of the justices assigned to keep the peace and good order in the District of Placentia for whereas the Justices did on the 28th day of May last, cause a Public advertisement to be posted up in the Town of Placentia aforesaid, cautioning

people from retailing liquors without licence, the defendant on the said day prevented the said advertisement from having the wished for effect by defacing & actually cuting (sic) away with a penknife certain words therefrom---- the court having the most circumstantial proof of the defendants gilt (sic),
sentence him to pay a fine of Forty shillings to our Sovereign Lord the King and dismissed him.

(signed) Francis BRADSHAW J.P. (signed) Josh BLACKBURN J.P.

Francis BLACKBURN versus
William DWYER

The Plaintiff having proved to the satisfaction of the Court that the def't ill used him by using the most insulting language towards his wife in the public street on Sunday last, and he not being able to make any defence in extenuation of his bad behaviour, adjudged him to be confined in prison Twenty Four hours and to pay a fine of Twenty Shillings to our Sovereign Lord the King.

(signed) Francis BRADSHAW J.P. (signed) Joss'h BLACKBURN J.P.

PAGE BREAK

75

Court of Sessions 15th June 1801

Josiah BLACKBURN Versus
Cornelius HAWKINGS

The Plaintiff memorials and complains that the defendant has put a Parcell (sic) of fish without plaintiffs consent on his Beach to his very great injury and annoyance, and prays the business might be investigated by a jury which being accordingly complied with,---- the Jury--------------------------------------------------------------------------- returned their opinion as follow's (sic)

It is the opinion of the Jury from the evidence produced to them, that the fish which Cornelius HAWKINGS has spread back of Josiah BLACKBURNS House, that it over said BLACKBURNS premises
(signed) William MILLER foreman

Decreed that the defendant Cornelius HAWKINGS do immediately remove his fish from off Mr.BLACKBURN'S premises
(signed) Francis BRADSHAW J.P.

Court of Sessions 22nd June 1801

SAUNDERS & SWEETMAN

Versus
WHELAN & QUINLAN

The Plaintiffs complain that the defendants being their servants ran away from them & prays the assistance of the Justices for the apprehention (sic) of those fugitives, which being complied with, the defendants was produced in Court, and QUINLAN being examined as to the cause of his elopement, sais (sic) he was ill treated by Plaintiffs agent at Point Verd and particularly so by being obliged to eat Bad black bread and condemned Salt Beef, & that he got no Pork but one while on the Plaintiff Room at Point Verd WHELAN sais (sic) in his vindication, that he met a William WALSH last

PAGE BREAK

76

last Sunday and having some conversation together WALSH advised him to run away, and appointed a meeting place from whence the said WALSH should Pilot the S'd WHELAN to St. Mary's, this meeting not having taken place, defendants set  away by themselves----------------------------------------------------------------------------- William WALSH being examined as
to what could induce him to corrupt this fellow, declares solemnly that he never counsiled (sic) nor in any wise encouraged WHELAN to dessert his services, But on the contrary admonished him to return to the services of the Plaintiffs, on mature consideration of the whole of this transaction

Decreed that from the good opinion we entertain of QUINLAN, and having given sufficient security for future good behavior, we discharge him with impunity, and WHELAN having once before ran away from other unfavourable circumstances be publicly whipped, and also that William WALSH do find sufficient security, that he will personally appear at the next Surrogate Court that shall be held here, which he has accordingly done.

(signed) Francis Bradshaw, J.P. (signed) Jos'h Blackburn, J.P.

PAGE BREAK

77

Court of Sessions 25 June 1801

Joseph FERRMAGE [FERMAGE]
Versus
William DWYER

Personally appeared before us His Majestys Justices of The Peace Joseph FERRMAGE [FERMAGE], who voluntarrity[sic] maketh Oath on the Holy Evangelists that in the night of the 23d Ins't as he went into the House Where he usually eats his victuals, he was accosted by the defend't Wm DWYER, who asked him what brought him there at the same time strikeing (sic) him with his fist on the back of his neck, that Depon't Is in bodily dread and fear expecting further violence to his person and he verily believes DWYERs only motive for assaulting him was in consequence of Dep't being Employed by the

Justices the Preceeding day to carry the sentence of their court into effect by floging (sic) a Person found guilty of violating the laws of the land & further the deponent Saith not, -- sworn before us. F.B. J.B.

Richard FAWNEU/FAWNEN & Joseph NEWMAN being called in in behalf of the defendant says they saw him lay hold of the Plaintiff and shove him out of Doors.

Decreed that from our belief the defendant bore the Plaintiff no good will, for the reason set forth in the foregoing deposition, we have obliged him to find security to keep the Peace with him, himself in the sum of Twenty Pounds and Two Sureties in the sum of Ten Pounds Each, and on account of his present and late ill behavior, The Court Recommended to him to be more circumspect in his Conduct in future.

(signed) Francis BRADSHAW J.P. (signed) Jos'h BLACKBURN J.P.

PAGE BREAK

78

Court of Sessions 20th July 1801

Robert MERRY [MURRAY]
Versus
James FLING [FLYNN]

The Plaintiff Complains that the def't being his Servant has deserted his Service, prays he might be apprehended, and Restored to his Service, notwithstanding def't has been absent Eleven days------------------------------------------------------------------------------- Decreed
that Def't do be immediately taken up, and Continue in the Service of Plaintiff, untill (sic) the expiration of the time agreed upon, which has been accordingly Complied with --- and that Plaintiff is authorized to stop, two days pay for every day def't was absent in proportion to his wages.

(signed) Francis BRADSHAW J.P. (signed) Jos'h BLACKBURN J.P

Court of Sessions 30th July 1801

SAUNDERS & SWEETMAN
Versus
KENT & SCRIVINER [SCRIVENER]

Plaintiffs Complain that defendants being Seamen absent themselves without leave, & prayed they may be ordered to their duty, this they refused complying with, in Consequence whereof the Court ordered them into Confinement, & on examining their agreement, it was found they were shiped (sic) by the month only, one at £3-15.0 the other £3-0.0

Decreed that defendants do Return to their duty and serve agreeable to the Term of their agreement which was done.

(signed) Francis BRADSHAW J.P. (signed) Jos'h BLACKBURN J.P

PAGE BREAK

79

Court of Sessions 18th Aug. 1801

At a Court held this day for the purpose of licensing Public houses, appeared Edmund WALSH, Patrick MILLER and Thomas BARRY praying by Petition to be Licensed to Keep public houses.

Their Character being enquired into, and found irreproachable, their Petition was accordingly granted and Licenses given them for one year only.

(signed) Francis BRADSHAW J.P. (signed) Josh BLACKBURN J.P

Thomas KEEFE?/ROSS? Versus
John DOWER

This was an action for an assault committed by Deft. on Plaintiffs person, tearing his clothes and other acts of outrage, which being fully Substantiated----------------------------- Decreed that Def't doth make good the Injury
which plaintiff sustained & be fined in the Sum of Ten Shillings for the use of our Sovereign Lord the King

(signed) Francis BRADSHAW J.P. (signed) Jos'h BLACKBURN J.P

Michael POWER Versus
John LYONS

This was an action brought forward, to Receive damages for want of Performance, the def't being Servant to the Plaintiff, absented himself four days to the very great loss and Injury of Plaintiff the complaint being fully proved Decreed that the def't be confined in the Common Jail of this Town 24
hours & that two days be deducted from his wages for every day he was absent.

(signed) Francis BRADSHAW J.P. (signed) Jos'h BLACKBURN J.P

PAGE BREAK

Edward ELVERT

80

Court of Sessions 8 Sept 1801

Versus
James HAULIHAN [HOULIHAN]

This was an action for a most unwarrantable & violent assault committed by def'n on the person of plaintiff - by going intentionally into his the plaintiffs boat, and there beating him in a most unmercifull (sic) manner, this accusation being fully proved by undeniable evidence, and with a view to prevent more alarming riots in future,

Decreed that defendant be confined in prison during pleasure, find security for his good behaviour and pay a fine of £5-0-0 for the use of our sovereign Lord the King.

(signed) Francis BRADSHAW J.P. (signed) Jos'h BLACKBURN J.P.

James BARRON Versus
SEXTON & DELLIHUNTY [DELAHUNTY]

This was a similar action with the foregoing but more flagrant as it was clearly proved to the satisfaction of Court, that the defendants with concerted malice went into the house of one WALSH in this town, where Plaintiff was drinking tea in a room, with the door thereof close shut. Def'dts discovering where he was without provocation whatever, burst in the door & then beat and & bruised Plain't in a most violent manner & to such a degree that he has been rendered incapable of doing his duty for some days------------------------------------------------------------------------------- This
being a cause of a very serious nature, as being likely to produce in riots the course of the fall, as it is presumed the plaintiff & his friends would have taken unjustifiable means to be revenged.

Decreed that SEXTON be imprisoned during pleasure and pay a fine of 40/ and that DELLIHUNTY [DELAHUNTY] be apprehended on his return from sea, to be dealt with according to law.
N.B. as SEXTON proves to be a youngster and in debt to his employer, we remit his fine of 40/.

(Signed) Francis BRADSHAW J.P. (Signed) Jos'h BLACKBURN J.P.

PAGE BREAK

81

Court of Sessions 2 Oct 1801

At a court held this day the following order was directed to John LANG in consequence of the contempt shown to the magistrates by his servant John DAWES.

Court House 2 October 1801

Your servant through disrespect or from some sinister motive, having treated an order from our court with contempt. We command & require yourself personally to stop from the voyage of Patrict (sic) CAREW a

shoreman in your employ as much fish as will sufficient to pay LARKIN & BRENNAN, the sum of seventeen pounds eleven sh'ls and two pence halfpenny also to stop as much fish of his property as will discharge the sum of nine pounds eight shillings and one penny owing Francis BLACKBURN, both demands being for goods sold and delivered, but you are hereby directed and authorized to pay yourself in preferrence (sic) to any other person, all lawfull demands which you may have against said CAREW, and herein fail you not.

To Mr. John LANG
Ordered that the above servant John DAWES be committed to prison for his contumacy

(signed) Francis BRADSHAW J.P. (signed) Jos'h BLACKBURN J.P.

PAGE BREAK

Patrick RYAN versus
Thomas REILY

82

Court Sessions 5 Nov. 1801

At a court held this day plaintiff appeared Personally and Satisfactorily proved that he was confronted by Def't without any provocation, whereupon it was adjudged, that he should be bound to the preservation of the Peace himself in the Sum of Twenty Pounds and Two sureties in the Sum of Ten Pounds Each, which being Complied with, the case was Discharged.

(signed) Francis BRADSHAW J.P. (signed) Jos. BLACKBURN J.P.

J&M NEAVE
versus
Edmund MOONEY

The Plaintiff in this case being merchant residing in Pool [Poole], but carrying on trade in Little Placentia by their agent Francis EDWARDS represented unto us that Def't whom he has Supplied winter and summer, with every means for Carrying on the fishery has withheld a Considerable portion of This Seasons Voyage, which he refuses to deliver, and it being strongly suspected, that Def't intended to Convey away clandestinely such portion of said voyage, to the great loss and injury of Said merchants ----
On a Due Consideration of the premises we directed an order, that all the fish and oil, boats, crafts &c should be attached and secured untill (sic) the business should be settled.

Francis BRADSHAW J.P. Jos'h BLACKBURN J.P.

PAGE BREAK

83

Court of Sessions 13th. Nov. 1801

MOVEL [MOVELLE]
versus
John FULFORD

This was an action for Consideration to be obtained for goods unlawfully withheld, in evidence it appeared that def't withheld a Cotton gown the property of Plaintiffs wife, and also refused payment for five Quarts Cordial, which Charge being substantiated.

Decreed that an order be directed to the Constable of the place requiring him, to see that full Restitution be made unto Plaintiff.

(signed) Francis BRADSHAW J.P. (signed) Jos'h BLACKBURN J.P.

Patrick MILLER & Robert FRENCH versus
William MILLER

This was an action for Recovery of Servants wages --- The Complaint appearing Satisfactorily proved, It was decreed that the def't should draw orders on his merchants, mess'rs HUNTERS & CO. in St. Johns for the full am't of the ballances (sic), to wit, an order in favor of Pat'k MILLER for £36~0~0 and an order in favor of Robert FRENCH for £12~0~0 which was accordingly done.

(signed) Francis BRADSHAW J.P. (signed) Jos'h. BLACKBURN J.P.

PAGE BREAK

John POWER Versus
LARKIN & BRENNAN

84

Court of Sessions Nov 13th 1801

This was a case for obtaining possession of a storehouse, now in possession of the defendants, on investigating the business it appears that defendants has held s'd storehouse as yearly tenants at a stipulated rent, payable every 20th day of October, which they have punctually paid the owner. The widow ST. CROIX had subsequent to the 20th of Oct. last hired said storehouse to plaintiff, but the defendants refuses delivering up the peaceable possession on the plea that they were not made acquainted in time, with the Proprietors intention, & that they consider themselves still, as actual tenants to the said widow ST. CROIX, under the former rent which was ten pounds per annum, and consequently kept it another year, This cause appearing to the magistrates of a difficult nature------------------------------------------------------------------------------ Decreed that the affair should be
deferred to the Surrogate

(signed) Francis BRADSHAW J. P. (signed) Jos'h BLACKBURN J. P.
An (sic) yearly tenant at ten pounds a year either party wishing to be clear of the contract to give six months notice in writing
(signed) Tho's TREMLETT [TREMBLETT]
Ch. Justice

Sarah ST. CROIX widow the Proprietor of the above storehouse being called upon, was evidence for the Plaintiff and being duly sworn deposed, that she did not hire, or let any store, or house to Edm'd LARKIN since the 20th day of October 1800, nor made any verbal or written agreement, with any person, and she farther (sic) swears, that she only let the store in question to LARKIN for one year only.

(Signed) Sarah ST. CROIX

PAGE BREAK

85

Court of Sessions Nov 22 d 1807

SAUNDERS & SWEETMAN
Versus
Thomas HANDLIN

This was a case brought forward by they(sic) plaintiff stating that the def't fraudulently carried away from their wharf two pieces of an old rhode, which was found in his boat, and secreted under the gang boards, the def't in his defence, could only say that he never took said two pieces of rhode, by way of fraud

The Court being of opinion that it was an intentional fraud--- Decreed that the two pieces of rhode
should be restored to the Proprietors & that the def't HANDLIN be fined in the sum of five pounds for the use of our Sovereign Lord the King

(signed) Francis BRADSHAW J. P.

(signed) Jos'h. BLACKBURN J. P.

Thomas CONWAY Versus
Rob't & Josh. CONWAY

Plaintiff complains by petition to the Court that defendants hinder and obstruct him in putting up fences for the security of his gardens &c, & that they have taken down & removed some enclosures which he had made, & that from their conduct towards him, he very much apprehends they will do him some personal injury and even that their malice may proceed so far as to murder him.
Ensign NICHOLS of the 66th Reg.t being on a sporting party on the spot declares, that the plot of ground at case in dispute may contain 160 yards, and that it might be of some use to the plaintiff if allowed to enjoy it in a peacable (sic) manner.
Decreed that the plaintiff has our permission to put up his fences & to enclose the ground in condition untill (sic) the surrogates approbation be obtained, and that Defendants do find sufficient security to keep the peace with the Plaintiff

(signed) Francis BRADSHAW J. P. (signed) Jos'h. BLACKBURN J. P.

PAGE BREAK

86

Court Sessions 26 Feby 1802

Patrick RYAN a Pauper has presented a Petition in stateing (sic) his great age, and extreme Poverty and humbly praying for Relief.

Ordered that this Pauper be found in Sufficient Subsistance (sic) untill (sic) the Surrogates arrival.

(signed) Francis BRADSHAW J.P. (signed) Jos'h BLACKBURN J.P.

Ruth COLLINS & Sons Versus
Pat'k & Dennis MURPHY

This was a case brought forward by the Plaintiffs, Complaining, that after being at great labour and Expense, in building a Stage, at the North Side of this harbour Defendants are attempting to annoy them very much, by Purparing (sic) to build a Stage too near that which they have already erected, which if allowed to be done, would be attended with very Great inconvenience, this matter being Referred to the Consideration of a Jury, the Members whereof, have returned it as their decided opinion. Viz - That

Defendants upon building their stage, do for mutual Convenience, have a space of Twelve feet between their Stage and that of the Plaintiff.

(signed) Edw'd LARKIN foreman

(signed) Francis BRADSHAW J.P. (signed) Jos'h BLACKBURN J.P.

PAGE BREAK

SAUNDERS & SWEETMAN
Versus
Andrew CAREW

87

Court of Sessions 20th May 1802

At a Court held this day a Complaint was preferred by Plaintiff against the def't who is their Servant & a Cooper by trade for drunkness (sic) and neglect of his labour, the Def't acknowledged the justness of the accsation (sic), and Promised to behave himself faithfull (sic), and diligent for the Remainder of his Service, on which the Court ordered him to be discharged, finding Sufficient Security for his future good Conduct, and also ordered that two days hire, be Retained & stoped (sic) from his wages, for every day, that he absented himself from Plaintiffs Service.

(signed) Francis BRADSHAW J.P. (signed) Jos'h BLACKBURN J.P.

Court of Sessions 7th June 1802

SAUNDERS and SWEETMAN
Versus
KEEFE, JOICE, HOGAN [HAGAN] & SHANAHAN

At a Court held this day M'l SWEETMAN Personally appeared and prayed the Court to liberate the defendants Their Servants, They having been Confined for desertion, some time Past, the Court on due Consideration of the Case, as knowing their labour must be valueable (sic) to their Employer at this Season and the application for their enlargement being Backed by, by the Remonstrances of the Reverend John WHELAN who Guaranteed their future good Conduct

Ordered that the Prisoners be set at Liberty and Return to their master.

(signed) Francis BRADSHAW J.P. (signed) Josh BLACKBURN J.P.

PAGE BREAK

88

Court of Sessions 28 June 1802

SAUNDERS and SWEETMAN
Versus
Roger HOGAN [HAGAN]

At a Court held this day the Body of the def't was brought into Court, he having been apprehended for deserting from his Service a Second time, though lately pardoned for a Similar Crime, the Court on a Consideration of his Confirmed Ill behaviour, ordered him to be Remanded to Jail untill (sic) the Pleasure of this Court be further known.

(signed) Francis BRADSHAW P.P. (signed) Jos'h BLACKBURN P.P.

Court of Sessions Aug't 2d 1802

MOONEY
vs POWER

This was an action for an assault brought forward by Plaintiff but on examining evidence, it appeared, that he was the aggressor, but the defendant meeting him afterwards, in a neighbours house, & there striking him - and the offence being further aggravated by being Committed on a Sunday

The Court adjudged that both be fined forty shillings Each, together with the Surgeons (sic) Expenses, & to find Sufficient Security to preserve the Peace in future.

PAGE BREAK

SAUNDERS & SWEETMAN
Versus
Roger HAGAN

(signed) Francis BRADSHAW P.P. (signed) Jos'h BLACKBURN P.P.

89

Court of Sessions 2'd Aug't 1802

At a court of sessions held this day the prisoner who was remanded to jail on the 28th of June last was brought into Court, and after considering the nature of his repeated crimes he was ordered to receive corporal punishment, which was accordingly inflicted, upon which he was discharged.

(signed) Francis BRADSHAW J.P.

(signed) Jos'h BLACKBURN J.P.

PAGE BREAK

90

Surrogate Court Placentia 18th September 1802

At a court held this day at Placentia Present. H. W. OMMANNEY Esq'r Surrogate Francis BRADSHAW and Josiah BLACKBURN Esq'rs with the merchants and Provincial Inhabitants,

The Court being opened it was ordered that all complaints should be in writing.

Josiah BLACKBURN Esq'r versus
Michael SWEETMAN

This was a case in consequence of a supposed personal insult offered to the Plaintiff in the Execution of his office, as a magistrate of this town by M'l SWEETMAN on the 19th day of October last, but on a due examination of the business and from clear evidence it appears, that the def't intended to use no violent measures to oppose the magistrate.
However the defendant made this day proper apology, for any unguarded expressions which might escape him, to wit, we whose names are hereunto subscribed, do this day bear witness that M'l SWEETMAN has made a proper apology for saying that he would write to get Mr. Justice BLACKBURN removed from his office on the 19th Oct. last.

(signed) H. W. OMMANNEY Surrogate (signed) Francis BRADSHAW J.P. (signed) Pierce SWEETMAN, Gent (signed) D. WALSH, Clerk
(signed) Luke COLLINS Sheriff

PAGE BREAK

91

Surrogate Court Placentia 18th - September 1802.

POWER, FLEMING, & WHELAN
versus
William MILLER

A memorial from the Plaintiffs was read in first stating that they suffered considerable loss, last year by the defendants not keeping out his boat, untill (sic) the end of the fishing season, on a due investigation of the business, it is Decreed, that the defendant should deliver unto the Plaintiffs three quintals of fish.
(signed) H.W.OMMANNEY Surrogate

Christopher ST. CROIX versus
Robert BALLARD

The Plaintiff presented by his memorial that his father cleared a piece of ground about 30 years ago, which he ever peaceably occupied untill (sic) disturbed in the possession thereof by Robert BALLARD Esq. ordnance storekeeper who illegally sent his servants to cut the grass growing on Plaintiffs said ground this present season, the fact being clearly proved
Decreed that Mr. BALLARD do leave the plaintiff in peaceable possession in future of the piece of ground improved by his father, likewise than he doth return him a proportion of grass cut from the premises.

(signed) H.W. OMMANNEY Surrogate

PAGE BREAK

Francis BLACKBURN versus
SAUNDERS & SWEETMAN

92

18th September 1802

This was an action for the recovery of a debt of £9-0-9 due from a Planter of the defendants to the plaintiff for goods sold and delivered, and which defendants promised to pay plaintiff appeared from the most incontestable evidence.
Decreed that defendants do pay plaintiff the said sum of nine pounds & three pence, or whatever sum that appeared to be clearly due to the said planter at the time that this promise was made

(signed) H.W.OMMANNEY Surrogate

Patrick RYAN a pauper praying for relief presented a memorial, seting (sic) forth that he has been upwards of fifty years in this country always supporting himself by lawfull (sic) and honest means, until disabled by age and corporal infirmities, and now prays relief.
Decreed that the said Patrick RYAN be subsisted at the public expence (sic), untill (sic) of the year when he is to be sent home to his native country.

(signed) H.W. OMMANNEY Surrogate

PAGE BREAK

93

20 September 1802