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12.
the said Callaghan had stipulated to give him the same
as a compensation for his services as agent for said Callag-
han in obtaining two settlements and preemption rights
viz. one in the name and behalf of the said Daniel &
the other for his Brother Patrick Callaghan, the said
Daniel Callaghan acknowledged that the contract was
agreed on as stated by said Worthington, but complained
that said Worthington had given 1200 acres to Johnston
and Garrard for clearing out the said settlements and
preemptions which he considered as exorbitant, and
this deponent and John Martin were referred to
by them as arbitrators to determine what said Callaghan
should give to said Worthington for his services. We
gave it as our opinion that the said Callaghan should
give the said Worthington two hundred acres of said
land from a principle that being the custom [?] of the
country to give one half for clearing out land, where
two hundred acres was the residue of the one half
after giving Johnston and Garrard their twelve hundred
acres, which said determination was mutually agreed
to between the said Callaghan and Worthington, said
Callaghan expressed that he had conditionally sold
the whole of the aforesaid lands, but that he would give
the said Worthington the said two hundred acres or the
price that he should get for it. This deponent
conceives the said land, to be worth three pounds per
acre. And further this deponent saith not. signed
George Johnston
Sworn to before John Hunter and Samuel Shepherd
justices of Scott, the 14th June 1799.