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Minutes of H. M. Council, 1720-1742. |
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Orrillon And one Baptist Richard Did not Deny the loss said to be Sustained by Gouzile but said that it was not Owing to any Default of theirs, but purely Through the Default of those who had not According to An Agreement Dated January 1723 Compleated and made Good their part of that ffence in Common As then Agreed upon to hinder the Cattle from Entering that Way; of which Common ffence, John Bastarach, whose Cattle committed the Trespass, Affirmes, As by his Petition upon file, that he had made good his part the Year before
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In Answer to that Allegation The party Condemned By Bernard Goddet Vizt Peter Depuis, John Prince And the afore Said Baptist Richard, To pay to James Gouzile one hhd of Wheat for Damage Affirm and Say, particularly Peter Depuis and Prince, That the Damage did happen through the Default and Insufficiency of the Above Mentioned Defendants own fence And not through their Neglect of making up their part of the fence with them in Common as hath been sett forth and therefore think it is a Very great hardship that they Should be Condemnned, at least Equally with the Said Baptist Richard who is not Only concerned with them in ye Party or Common ffence but also with Bastarach And OrrilIon in that ffence of the Inclosure through which the Trespass was Committed And the Reason which they Advance to prove their Allegation that the Cattle did break through their Own proper ffence and not the ffence in Common is this
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That as there hath not been such a ffence in Common to prevent the Cattle from Entering by the River these forty Years past, The Cattle would have allways formerly Entred that way as well as Now; And as to their fulfilling their Agreement for their making up and Compleating their Respective parts of Said Common ffence, they Said that they were both Ready And Willing to do it, As soon as they, who are also with them therein Concern'd And most lyable to Losses, through the want thereof, Gave them a Call; And therefore Complaining of being Condemned [428] Complaining As aforesaid of being Condemned and that by the Single
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