Colonial North America: Harvard Law School Library

15 Law Miscellany ----

fine of Six Shillings [Et cetera? ] ----

Bail Bond

Know all men that We --- jointly & severally bind ourselves to --- [?] of the county of --- in the sum of [strikeout] [£] [/strikeout] to be paid to [him?], [her?] Successors in the Office or [her?] Assigns --- Sealed with our seals --- dated ---

The Condition is that if --- shall appear and answer at the next Court of common pleas to be holden at --- in [?] the county of --- pursuant to the Writ of Attachment [?] out against --- by --- on which --- body --- taken. and --- held to answer in a plea of --- [symbol]

16 Law Miscellany

& shall abide the final Judgment of said Court or of the Sup. [Superior?] Jud. [Judicial] Court (if appealed to) then this Bond to be void --- Signed Sealed and delivered in Presence of us }

17 Law Miscellany ---

--- Money had and received ---

3 were bound in an usurious Bond --- One of [y.m ?] pd some part --- The [Olig.'ce] feud another of the [blig.'ns?] who pleaded the statute of usury and avoided the Bond --- And action was bro.t [brought?] by him who had paid the Part of the money to recover it back [?] I C held that the action did not lie --- There is no reason why he should recover back the money --- he knowingly [?] on an illegal consideration & is particeps criminis with the receiver & with him punishable -- he parted with it freely and "voliuti non fitinjuria ___ Case cited A. gave B. money while the Custom house [Offrs?] - B expended it for that purpose --- [ackn ] this money ag.t [against?] B ---

18 Law Miscellany

Sup. Ct. {Superior Court}? Plymouth. 4 Tuesday May 1788, [Israel?] Morey esq. [Pltappce?] v D Webster [Sh?] Grafton De[?] app.

In an action of the Case -- For that whereas Jonathan Moulton of Hampton in our county of Rockingham Esq. by the consideration of our Justices of our Superior Court of [Judication?] holden at Exeter for & within our county of Rockingham on the first Tuesday of September Anno Domini Seventeen hundred & eighty four recovered Judgment against the said [I M?] by the name of {I M] of Orford in our county of Grafton Esq. for the sum of £483-12-0 damage of £9-16-5 [Certif-?]

23 Law Miscellany

[fuit?] and afterwards on the twenty ninth day of November when next [seced?] out our Writ of law from the Clerks office of our said Court in due form of law for the said damage and loss upon the Judgment aforesaid directed to the Sheriff of our said County of-- Grafton his under Sheriff or Deputy there in among other things commanding & requiring them or either of them of the Goods Chattels or land of the said [Morey?] within the said county of Grafton to levy Satisfy and pay unto the said [Moulton?] the said sum of £483-12-0 damage & £9-16-5 cost - with 1/6 more for our said Writ of Execution and to levy their non legal fees which paid Writ of {Execution} the said Jonathan afterwards on the

Debt on the gaming Act.

for it or the value thereof nor received the said sum or the value thereof from the said S.B. Whereupon the said T.S. saith that the said S.B. at ____ aforesaid received of the said T.S. the aforesaid sum of ____ to the use of him the said S.B. wherefore & by the law aforesaid an action hath accrued to the Plt to sue the said S.B. for that sum & to recover it of him & further to sue for & recover of him the said S.B. the further sum of ____ being the treble value of the aforesaid sum of ____ to be disposed of as the act aforesaid directs yet the said S.B. has not paid either of the sums aforesaid tho' requested but unjustly detain them. &c.

No. 5 Debt for not Exhibiting an Inventory

Summon Jonan Cary of ____ to answer to Joseph Putnam of ____ who sueth this action as well for the poor of the town of ____ as for himself in a plea of debt for that one James Cary late of said ____ Gent. on ____ being seized & possessed of a considerable real & personal estate made his last will & testament in writing & after diverse bequests & devises therein mentioned appointed Sarah his wife the said Jona Cary & one Daniel Ingersol Exr. thereof & afterwards the said James Cary died seized & possessed of such real & personal estate & afterwards viz' on the ____ day of ____ the said last will & testament being presented by the said Sarah Jona & Daniel to the Judge for Probate of Wills &c. for said County for probate was then as said ____ by him dul proved & approved of the said Sarah Jonan & Daniel then & there took upon themselves the charge of Exrs. thereof & took the estate into their hands whereupon they by force of the Province law in such cases made & provided became obliged to exhibit into the Registers' office of the Court of Probate for our said County of ____ a full & true inventory upon oath of the whole estate aforesaid so far as had then came to their hands & knowledge within the space of three months next after the probate of the said will as aforesaid or at such further or longer time as the said Judge should deem to allow therefor or otherwise to give bond with one or more sufficient sureties to pay the debts & legacies of the said Testator on pain of forfeiting 5 £[??] month for every month's neglect thereof afterwards. And the Plt aver that no further time beyond the said three months was ever allowed to the said Executor for the purpose aforesaid and that the said Sarah & Daniel two of the said Executors are dead &

30 No: 36 And afterwds. leav.g her & mar= ying another.

Case for getting the Ptt with child.

Attach A. of - to answer to B. of - in a plea of the case for that wheeras the Ptt was a person of good conversation & fame & had always lived in good esteem & favor with her neighbours from her childhood the Said A on the - day of - at - began to court the Ptt under a pretence of a design to marry her & followed her with his courtship making many Solemn protestations of his affection for her & design to marry her from that time to the - day of - and then at - having gained her affections & insinuated himself into her good will under colour & pretence of courtship deceived & beguiled the Ptt & got her with child & then & there utterly forsook & left her & went & married to another woman whereby the Said A has received the reptuation & fortune of the Ptt. J Read.

N:o 37. her good Servitium amisit.

2 L. Ray. 1932 Stile Rep 3 gd

Case for getting the Ptt's [] with child.

Attack A of - to answer to B of - in a plea of the case for that the Said B from the - day of - to the - day of - at - was possessed of a [] woman servant named [?] & during all that time from her Service & labor in his affairs ought to and might have received great profit & advantage arising therefrom. nevertheless the Said A. in no [?] ignorant of the promises but intending wickedly to deprive the Ptt of all Service & labor of the Said role & all profit & advantage therefrom at on the - day of - made an assauult upon the body of the Said Role & her carnally knew & begot on her body a female bas=tard child of which the Said Role was delivered at - on the - day of - from & by all which the Said B hath Suffered much loss & damage & hath wholly been deprived of all Service & labor of the Said [?] & all benefit & advantage arrising therefrom for nine months last past & has been put to great charge & extraordinary expence by reason of the [?].

93

been put to great expense in repairing and refitting the said shiup and unlading her said cargo and relading the same on board other vessells, and hath wholly lost the use of the said Shiup from that time to this all which is ad [damsonum?] iof the said S.

for

T Parsons

--------------------------

Declaration in Dower

27.

A.B. of ____ is summoned to answer to C. D. of ____ and E. F. his wife in a plea of dower wherein they demand against the said A. B. her reasonable dower in a certain parcel of land situate in ____ containing ____ acres and bounded ____ with the dwelling house and all the buildings thereon and appurtenances whereof she hath nothing as they say whereupon the said C. D. & E. F. complain that one I. C. late of ____ now deceased formerly the husband of the said E. F. was seized in his demesne as of fee of the premisses during the coverture of the said F. C. and E. F. with the said I. C. and that since the decease of the said I. C. andd for more than one month before the day of the purchase of this writ to wit on the ____ day of ____ the said E. F. demanded of the said A.B. then & ever since [tenant in prossessioin having the imediate estate of freehold in of] the premisses to assign and set out to her, her reasonable dower in the premises which the said A. B. hath altogether refused to do but hath [deforceth?] and still [deforceth?] the PM thereof to the damage of the said C. D. & E. F. as they say the form of ++++

J. Parsons

[UNFINISHED]

Sales of 9 [?] flaxseed received [?] Cap. Thomas Manning from Portsmouth New Hampshire. Hold for Account of [William?] Hale there.

By John Large for 9 [?] flaxseed payable in 3 Months at [45/6?] [?] £20.9.9

Charges

Part fees of Entry at the Custom [?] 10 Lighterage Officers coming up the [Harding?] ... 3.3 Carriage Storing..................... 2.3 Part cost of advertising an auction in } two news papers [1/3?] hand bills } 1.7 distributing [?] } Collection fee [6?] Do 3 [?]} Do 3 [?] } 9.Cooperage 1/6 Ware house rent 2/3 . 3.9 [Freight?] paid Cap. Manning 10/10 [?] 4.17.6 [Discount?] on £20.9.3 for 3 Months } as 1/2 [?] } .. 6.2 Commission on Ditto 2/2 [?] ............ 10.3 6.14.7 Net Proceeds £13.14.11 Errors and Outstanding Debts Excepted [Cork?] 22. Febru. 1788.-

List of Books belonging to the Estate of John Hale by deceased

Books N of Vol Lilly; Conveyancer 1 - - 6/ - - - 0.. 1/2 of Modern [Reports?] . . . 12 Coke on Littleton 1 --- 8/ [?] 12/ Modern Cases 2 9/ Province Laws 1 1/ Cases in Equity 1 9/ Lilly; Modern Entries 1 13/ [?] Book of Entries 1 6. Blackstone; Commentaries 4 24/ Buller; nisi Prius . . . . . 1 4/ [?] Hale Haw[?] 2 18/ Bacon's Abridgment 5 £5[?] Comyn's Digest 5 £4.10 [?] Hale Orphan's Legacy 1 1/6 Molloy de jure maritimo 1 1/6 Trial per pais 2 3/ Laws of the United States 3/ Burrows Reports 5 40/ [?] Clerk's Instructor 2 3/ Brown; Entering Clerk 1 Gilbert; Law of Evidence 1 2/6 [?] Park on Insurance 1 6/ [?] Hale 9/ Burns Justice 1 1/ Laws of New Hampshire 3/ [Attorney's/Attorney;?] Guide 1 1/6 Law Treatise on Trade & [Commu?] odd vol only 1/ [?]