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Minutes of H. M. Council, 1720-1742. |
221 |
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Then was read a Petition of Captain John Jephson against Anthony oliver, In Relation to a Sett of Bills of Exchange Drawn on Mr John Mulcaster In favour of Said Oliver, and by him indorsed to one Mr Johonet Merchant in Boston, the first thereof being protested, and one of the other two being afterwards accepted and paid by Robert Gardner Esqr Deceas'd, He therefore pray'd Satisfaction of Said oliver, having given a Note to Johonet, and Since that his Bond Bearing Interest for Said Sum, as per Said Petition upon file. Mr Olivers Answer to Said petition being Read also, Mr Jephson produced a Certifycate which he Refer'd to the Judgment of the Board, whether Mr Oliver ought not Safely Sign the Same, it importing only, that the note Given to Johonet, for which he had Given Said Bond, was in Consideration of Said protested Bill, In order to prevent him from paying Said Sum a second 269] Second time, Johonet having Notwithstanding of Said Bills being paid as aforesaid, pretending that Mr Oliver, and not he (if Said Bill was paid) had Receiv'd the Money, Agreed that Captain Jephsons Demand was very Reasonable, and Mr oliver having thereunto agreed, they were order'd to prepare the Same to Morrow, that the Same may be Signed in Council, and attested by the Secretary
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Captain Jephsons petition against Anthony oliver |
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Claud Gautrau of Menis Inhabitant, finding himself Injur'd by Emanuel Hebert, and the Inhabitants of that place, who include into the Common of Menis (Confirm'd to Said Emaniel Hebert during his life) a part of the Said Gautraus Estate, which he hath possess'd Ever Since the year 1683; Praid therefore Releif, and an Explanation of that Sentence Relating to the Said Common. The Board having taken the Same into Consideration, agreed that the Said Gautraus Inheritance, of which he had Been in possession for So many years, Could not by Said Sentence be Interpreted any part of Said Common, it never being intended thereby to Dispossess any of their lawfull Inheritance; and were therefore of opinion, that His Honour the Lieut Governor of the Province
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Gautrau against Emanuel Hebert in Relation to the Common of Menis |
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