Pages That Need Review
Law miscellany. 1782-1788. HLS MS 4218, Harvard Law School Library.
(seq. 9)
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
(seq. 19)
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]
(seq. 11)
[page]7[/page]
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 &
(seq. 15)
- 11 Law Miscellany ----
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
(seq. 16)
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-
(seq. 17)
13
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
(seq. 18)
14 Law Miscellany
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
(seq. 8)
4 Law Miscellany
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.
(seq. 21)
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 ---