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334 |
Nova Scotia Archives. |
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Opinion of Bernard Goddet Equally Seeing there hath been no such Common ffence, to which he the said Bernard And the Other party now pretend to Impute the present Damage, for these forty years as aforesaid; And as they had No Manner of Interest Either in the Inclosure or the fence thereof; through which, Asserting that it was more probable from the Defective Condition it then was in, for the Cattle to Enter than through Any Default of theirs in not having made their part of the ffence Common ffence, They Appealed And Referred its then State to the Testimony of the Said Bernard Goddet and Beny Richard at that time also a Deputy And Ordered by Governor Cosby to Adjuste the Dispute
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Who thereupon being Asked Answered that the ffence About the Inclosure properly belonging to Bastarach, Orrillon And Baptist Richard was not good, And as to that of forty Years None Denied the Allegation, tho' they were of opinion that if those who are concerned and Obliged by Agreement to make up the ffence in Common had performed their parts, it might have contributed much towards the prevention of Any Such Loss
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Charles Orillon Alleadging that his part of the fence About the Inclosure was good; he was therein contradicted by Reny Richard who said that at there was such a Breach in it at that time, that cattle might Enter with Ease
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To Which Orillon Answer'd That that Breach was made by Driving the Cattle out of the Inclosure through that part of his fence; Whereunto Richard Reply'd That it was Evident at that time from the Beaten path that the Cattle had made that they had frequently And more than Once passed and Repassed that Way
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And Baptist Richard Representing that he had Sent a Man last Spring to make good his part, He was also Answered, that Notwithstanding thereof it was not Done, and that it was Only to Repair his part of the Inclosur's fence and not that of the ffence in Common which he did Not Deny
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