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Common Pleas, and said Justice is hereby directed to grant them the same and a copy of all such proceedings as may have been had before him in said action accordingly provided said Howard notify said Hersey of said appeal at least twenty days before the sitting of said Court Sent up for concurrence

Nath Gorham Speaker In Senate Nov 24 1782

Read & Concurred with Amendment at A at A dele, from A to B Sent down for Concurrence

S Adams Presid In the House of Representatives Nové 2° 1782 Read and concurred

Nath Gorham Speaker Approv'd John Hancock

Petition James Howard Esq.

Commonwealth of Massachusetts To the Hon. Senate &

House of Representatives of said Commonwealth in Gen

eral Court assembled, The Petition of James Howard Esquire in behalf of himself, Susanna his Wife & Hartson Coney, Son of the ga Susanna by a former Husband. Humbly Sheweth,—

That one Nathaniel Hersey of Hallowell, in the County of Lincoln, Blacksmith, maliciously contriving to ruin the Character of the ga Hartson Coney, who was but an Infant of about eight years of age, preferred a Prosecution against him for stealing 150 quarts of his Milk, but failing in that prosecution his restless & malevolent disposition prompt him to commence an Action of Trespass against the said James, Susanna & Hartson for the same supposed fact of taking said Milk, which same action was triable before Joseph North Esq" a Justice of the peace within and for the Same County on the 24th day of September 1781 at two O Clock in the afternoon — that your Petitioner early on June 24th day of September, left his own house which was about 51 Miles from the said Justice's, with an intention to answer to the same Suit; but as he was obliged to go by Water & the Wind blowing violently against him he did not arrive at the said Justice's untill some little time after the hour appointed for sa Tryal, & when he did arrive he was informed by said Justice that he was defaulted; surprized at a procedure so contrary to Justice & the practice of Courts, your Petitioner then demanded an appeal, but was told it was too late, for the Court was adjourned, by means of which your petitioner has been wrongfully put to great expence & trouble as he was fully prepared to disprove the facts alledged by the plaintiff, could he have had an Opportunity & the Reputation of the said Hartson has been greatly injured as the generality of People do not know the distinction between an Action for Trespass and a prosecution for Theft & therefore still suppose that he has been convicted of that Crime — your Petitioner therefore prays that your Honours would take the matter into your wise consideration & grant, in tenderness to the Character of a helpless & inoffensive Infant, that the said James Howard, Susanna his Wife & Hartson Coney may have leave to appeal from the Judgment of the said Justice to the next Inferiour Court of Common pleas to be holden at Pownalboro within & for the same County on the first Tuesday of June next & your Petitioner will pray &c

James Howard

Deposition of Abiel Lovejoy.

I Abiel Lovejoy of Lawful age testify & declare that on the twenty-fourth day of September 1781 I was at the house of James Howard Esq in Hallowell, who then told me he was going before Justice North to defend an action brought by Nathaniel Hearsey against the said Howard, Susannah his wife & Hartson Coney & the said Howard desired your deponant to attend at Justice Norths upon the tryal, Just before I got to Justice Norths house I saw a number of persons who told me that Justice Howard was called out by default - presently after I went in to the house of Justice North, & I there saw Justice Howard tender to Justice North five or six dollars to pay the costs & he also prayed that the default might be taken off & that he might re enter the action & come to tryal & the said Justice North refused to grant the same —& also to grant the said Howard an appeal — I further declare to the best of my knowledge that I arrived at Justice Norths about three O'Clock & the time of tryal was appointed to be at two

Abiel Lovejoy Lincoln Ss Oct 3d 1782

personally appear’d the above named Abiel Lovejoy Esq" & after being carefully examined & cautioned to testify the truth the whole truth & nothing but the truth in the cause in which this deposition is to be used made oath to the truth of the above deposition by him subscribed — Taken at the request of James Howard Esq' to be used before the General Court on the Petition of the said James Howard — Nathaniel Hearsey the adverse party was notified and present at the taking of this deposition before me

Wm Langdon Justice of peace

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Deposition of Thomas Sewall. I Thomas Sewall of lawful age testify & say that on Monday the twenty fourth day of September 1781 I was at the dwelling house of Justice North in Pittstown and I there saw

Justice Howard tender to the said North five or six dollars to pay the costs of an action in which Nathaniel Hearsey was Plaintiff & the said Howard & al deft in which action the said Howard was called out by default

The said Howard also prayed the said North to take off the default & give him the said Howard leave to re-enter the action & come to tryal & the said North refused to grant it I further declare that at the time Justice Howard tendered the money it was to the best of my knowledge about three O Clock I also heard Justice Howard demand an appeal of Justice North & Justice North refused to grant one

Thomas Sewall

Lincoln Ss October 3d 1782

Personally appeared the above named Thomas Sewall & after being carefully examined & cautioned to testify the truth the whole truth & nothing but the truth in the cause in which this deposition is to be used made oath to the truth of the above deposition by him subscribed taken at the request of James Howard Esq" to be used before the general Court on the petition of the said James Howard. The adverse party Nathaniel Hearsey was notified and present at the taking the foregoing deposition before me

Wm Langdon Justice of peace

Resolve in Favor Niles Greenwood.

This Certifies,

That the Sum of One Hundred & sixty two Pounds, four Shillings & two pence, for one forty eighth part of the Arm'd Ship Hunter & appurtenances, lost on the Expedition to Penobscot — 1779, and thirty two Pounds, eight shillings & nine pence for Interest thereon, amounting to the Sum of

One Hundred & Ninety four Pounds, twelve shillings & eleven pence, in Specie is due to M' Niles Greenwood, which when paid will be in full for the same — £194. 12.11

Thomas Ivers / Comtee for Audits the Accots

Peter Roe Daltons of the late Board of War – Boston November 1, 1782. His Excellthe Governor & the Holo the Council, of the Com

monwth of Massachusetts. In Council Nov' 15th 1782

R¢ & Advised That a W' be drawn on the Treas' in full of this Certificate agreeable to Resolve of 28th Jan'1782—

John Avery Sec

Resolve in Favor Joseph White. This Certifies,

That the Sum of Eight Hundred & Eleven Pounds one shilling, for one sixteenth & one twenty fourth parts of the Arm'd Ship Hunter & appurtenances lost on the Expedition to Penobscot in 1779, and One hundred & sixty two pounds, four shillings & two pence for Interest thereon — Amounting to the Sum of Nine hundred & seventy three pounds, five shillings & two pence, in Specie is due to Joseph White, which when paid to M' Miles Greenwood, will be in full for the same — £973.5.2

Thomas Ivers / Comtee for Audits the Accots

Peter Roe Daltons of the State Board of War. Boston November 1, 1782. His Excell' the Governor & the Hble the Council of the Com

monwth of Massachusetts In Council Nov? 15th 1782

Rd & Advised That a W* be drawn on the Treas' in full of this Certificate agreeable to Resolve of 28th January 1782 —

John Avery Sec?

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