Colonial North America: Harvard Law School Library

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Law Miscellany

of L20 but [unclear]Wm[/unclear] D then & there referred it, and still neg- lects and refuses to pay the [unclear]same[/unclear] to the plat. to the [damage?] of the said &c. --------

3 Salk 310 -----

July 8 [unclear]178?[/unclear]

Evidence for ye Petitioner[/unclear] in Trespass

If one bring Trespass and assigns the Tres pass in an acre thus billed and bounded Evidence of Trespass any where in ye acre is sufficient -- otherwise in Ejectment [unclear]?[/unclear]

July 29, 1788. ~

Gilbert 233.

If Tenant in common bring Trespass against one having no interest in the Premises he must plead the Joint Tenancy in abatement, but if one Tenant in common sues anoth- er he may give the Tenancy in common in evidence under the general issue

[unclear]g[/unclear] 235 ----

Agistment. Taking in Cattle pasture J.L.D.[unclear]Z[/unclear] ~

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If trespass were done ye 4 may & the Plt alledg es it to be done the 5 or 1st well _ if the tresp ass was done before ye action brot . _ _ _ Gilb. 238.

Evidence on not guilty by ye if Deft. The Deft may prevail in this issue 1. by making title to the land. 2. a title to the profits of the land.

Law Miscellany.~

Witnesses

In all publick prosecutions the person injured may be a witness where there is only a [unclear] to the King and no private advantage arising to himself by the prosecution _ but if there be any private advantage to [unclear] by the prosecution the party is included or in a private action

July 29, 1788. ~ Gilb. 123

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Law Miscellany -

Still to run freely and without obstruction as aforesaid but the said [Grant?] and Campbell intending to injure and [hurl?] the plat, at Ruby aforesaid on the first day of January in the year of our Lord one thousand Seven hundred and eighty four by means of said dam and Gates thereof fixed did ruin the Water in said Pond and above its natural heighth and thereby drowned and flowed the plat, land aforesaid and the same land by the means aforesaid have ever since continued to flow and drown whereby the plat cannot conveniently labour on said lands &

Law Miscellany 9 --

of ___ at ___ it was conceptly agreed between the said White and the said Jones that the said Jones should give day of payment for the sum of ____ part of the same note until the day of and that the said White for giving day for the payment thereof should give and pay to the said Jones the sum of ____ upon the day of then next following for the Interest and gain thereof and for giving day for the payment of the same sum of which said sum of exceeds the rate of six pounds for one hundred pounds Interest for one whole year __________***** & --- Anon. ---

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Law Miscellany

State of New Hamp[shire] Hillsborough } To [?] [Clerk?] of the Comp[any] [?] under the com[mand] of [?] [LS?] in the 23 Reg[imental] militia in said State Greeting

Whereas [?] Company pursuant to Regimentall [orders?] wereby the direction of the commanding officer thereof ordered to appear at the meeting house in Temple [unsaid?] county on Tuesday the sixth day of November instant at ten of the clock in the forenoon with arms and accoutrements [?] [?] thereto be reviewed by General Officer and whereas [A B?] of [?] county husbandman was then and now is a private [unsaid?] company and liable by law to [train?] and do all other

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other military duly therein and whereas the said AB was duly notified and warned to appear at the time and place and for the pupose above mentioned with such arms and accoutrements as the law requires yet the said AB unnecessarily neglected to appear at said time time & place and did not attend the military duly and exercises which were ordered and performed on said day and fifteen days have elapsed since the said sixth day of November and the said AB hath not made any excuse or any suff.t [sufficient]excuse as the case may be to the commanding Officer of said Company for his non

12 - Law Miscellany ---

non appearance as aforesaid whereby the said AB by law is liable to pay a fine of-- Six Shillings ---- There are therefore in the name of the State of New Hampshire & pursuant to the laws of said State to require you forthwith to levy by [?] and [?] of the Goods & Chattels of the said AB, the said Sum of Six Shillings lawful money with the legal charges of making such distress and [return?] the sur plus if any there be unto the said AB --- And if said sum when recovered you [?] pay so much as the law requires into the hands of the Selectmen or Treasurer of said P-

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Law Miscellany

Peterborough for the time being to be disposed of according to law --- and for want of Such Goods or Chattels of said AB whereon to make such distress you are required as aforesaid to take the body of the said AB and him commit unto the common Gaol in [?] in said county to the custody of the Keeper thereof who is hereby required as aforesaid to receive the body of the said AB and him detain insaid Goal untill he pay the sum aforesaid with all legal charges or be otherwise discharged by due order of Law

Hereof fail not and make

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make due return of this Warrant with your doings [?] &c Given under my Hand and Seal at Peterborough aforesaid the twenty sixth day of November in the year of Our Lord One thousand Seven hundred & eighty Seven [?] [?] Capt.[ain] in the 232 Reg.t [Regiment] of militia unsaid State

Thereto have their arms and accoutrem.ts [accoutrements] examined and to be instructed in the necessary exercises and maneuvres

whereby [?] [?] of ye Gen.l [General] who is Parent, Master - Guardian &c of the said AB is by law of said State liable to pay a