II.
SUFFOLK COURT FILES.1
1. 52,315. 9 September, 1740.
Certified Copy of a Mortgage: Hibbert Newton and wife, to Robert Auchmuty and others, Directors of the Manufactory Company (so called). Dated 9 September, 1740. Consideration £ 300 Manufactory Bills, for his share as a partner in said Company, payable in twenty annual payments, with three per cent interest, in Manufactory Bills or in certain specified commodities.
The consideration of these Land Bank Mortgages is so many “Pounds in Bills of Credit called Manufactory Bills,” and is acknowledged to have been received from Robert Auchmuty, of Roxbury, Esqr.; Samuel Adams and William Stoddard of Boston, Esqrs.; Peter Chardon of Boston, Merchant; Samuel Watts of Chelsea, Esqr., all in the County of Suffolk; George Leonard of Norton, in the County of Bristol, Esqr.; Robert Hale of Beverly, Esqr.; John Choate of Ipswich, Esqr.; and Thomas Cheever of Lynn, Gentleman; all in the County of Essex, Directors of the Manufactory Company so-called. The Condition is to the effect that if the Mortgagor shall, at the expiration of every year from the date of the instrument annually, during the space of twenty years, pay to the Directors,—
Five in the hundred of the principal sum now received, and three per cent interest for the principal enjoyed, in Manufactory Bills as aforesaid, or in Merchantable Hemp, Flax, Cordage, Bar-Iron, Cast-iron, Linens, Copper, Tann’d Leather, Flax-seed, Bees-wax, Bayberry-wax, Sail-Cloth, Canvas, Nails, Tallow, Lumber, viz: Shingles, Staves, Hoops, white Pine Boards, white Oak Plank, white Oak Boards, and Ship Timber; Barrel-Beef, Barrel-Pork, Oil, Whale Bone, or Cord Wood, of the Manufactures or Produce of the Province aforesaid, or Logwood at such Prices as the Directors shall judge they pass for in Lawful Money at six shillings and eight Pence per ounce, with one per cent, advance thereon, at the respective Times of payment, then this Deed to be void: But if any one Payment above conditioned for shall be behind in the Whole, or in Part, or unperformed, by the space of one month after the Time above set for it, then to remain in full Force and Virtue.
2. 52,405. 9 September, 1740.
Certified Copy of a description of 121 Acres of land at Bridgewater; taken from a conveyance by Nathaniel Hooper and Elizabeth his wife to Robert Auchmuty and others.
3. 52,633. 17 October, 1740.
Solomon Hewes to Robert Auchmuty and others, Directors of the Manufactory Company. Copy of Mortgage.
4. 52,718. 7 November, 1740.
Solomon Hearsey to Robert Auchmuty and others, Directors of the Manufactory Company. Copy of Mortgage.
5. 52,737: 1. 9 September, 1740.
Joseph Weld and wife to Robert Auchmuty and others, Directors of the Manufactory Company. Copy of Mortgage.
6. 52,737: 2.
[A duplicate of No. 5.]
7. 53,032.
Bill of Hannah Boydell against the Directors of the Silver Scheme covering 7 January, 1739 [–40]—26 January, 1740 [–41], inclusive, for advertising their Scheme; publishing “Samuel Simmer’s Declaration about the Manufactory Bills;” publishing their “Objections against the Manufactory Scheme;” publishing “Rhode Island subscription against it;” publishing their “Security to the government” twice; printing their scheme and publishing “The Lords of Trade and of the Council, Report against the Land Bank.”
The Bill is made out, “The Directors of the Merchts Bk to Hanh Boydell, &c.” and is endorsed “Silver Scheme & Land Bank Accot.”
8. 53,351. 16 March, 1740 [–41].
Call for a Town Meeting in Dartmouth, issued by the Selectmen 16 March, 1740 [–41], to be held 30 March, 1741, The tenth Article in which is as follows:—
10 ly. To see whether the Town will pass a vote that the Town Tax this year may be paid in land schem bills.
9. 54,345. 26 October, 1741.
Depositions of William Stoddard and Samuel Adams, as to the payment of John Brayton by Jeffery Milward.
Both testify that “on the twenty ninth of June last, at the Manufactory Office in Boston,” payment was made of two hundred and eighty-five pounds for ten cattle bought for account of deponents.
10. 55,507. 21 May, 1742.
Writ, Inferiour Court of Common Pleas, in the case of Nathanael Martyn v. Josiah Adams. The blank used was specially printed for Land Bank cases, and contains a printed declaration for possessors of bills as Plaintiffs. The sheriff is instructed to attach or arrest. (See Plate 4, Currency and Banking in the Province of the Massachusetts Bay, II.)
Suffolk-ss. |
GEORGE the Second, by the Grace of GOD, of Great Britain, France and Ireland, KING. Defender of the Faith, &c. |
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To the Sheriff of our County of Worcester, his Under-Sheriff or Deputy. Greeting.
WE Command you to Attach the Goods or Estate of Josiah Adams of Mendon in our County of Worcester, yeoman to the value of Eighty Pounds, and for the want thereof to take the Body of said Josiah (if he may be found in your Precinct) and him safely keep, so that you have him before our Justices of our Inferiour Court of Common Pleas next to be holden at Boston within and for our said County of Suffolk on the first Tuesday of July next, then and there in our said Court to answer to Nathanael Martyn of Boston aforesaid Merchant in a Plea of Debt; for that whereas the said Josiah and many others, in the Year of our Lord seventeen Hundred and forty, at Boston, aforesaid published and are still engaged and interested in a Scheme for supplying a pretended Want of a Medium in Trade; by setting up a Bank on Land Security, the Stock of such Bank to be rais’d by publick Subscription for large Sums of Money, whereof small Sums were from time to time to be paid in by the particular Subscribers and to be managed by Directors and other Officers, and Dividends to be made; and issued forth Bills called Manufactory Bills of several Denominations, promising to take them in all Payments, Trade and Business, for so much lawful Money, at Six Shillings and eight Pence an Ounce, as was mentioned in the respective Bills, and after twenty Years to Pay Mr. Joseph Marion or Order, the Value thereof in certain Produce and Manufactures; bearing Date, Boston, September 9th, 1740, and indors’d in Blank by the said Joseph Marion for the Benefit of the Possessors; and afterwards the said Nathanael giving Credit to the said Company, at the Value express’d in said Bills; receiv’d of them one hundred of the Denomination of Ten Shillings each, the Sums in them all mentioned, amounting in the whole to the Sum of fifty Pounds, and neither the said Josiah nor any Body else will take any of them from him at that Value, but they rest in his Hands as useless; whereof the said Josiah had Notice, and so by the Statute in that Case provided, became chargeable to the said Nathanael for the Sum of fifty Pounds, in Lawful money with lawful Interest from the Date of said Bills, on Demand, yet the said Josiah hath not paid the same, tho’ often requested, but still unjustly detains it to the Damage of the said Nathanael (as he saith,) the sum of Eighty Pounds, which shall then and there be made to appear with other due Damages, and have you there this Writ with your Doings therein. Witness Edward Hutchinson Esq; at Boston the Twenty first Day of May in the fifteenth Year of our Reign. Anno Domini, 1742.
[Signed] Middlecott Cooke Cler.
11. 55,630. 6 May, 1742.
Writ in the case of Nathanael Martyn v. Abraham Wood. [Same form as No. 10.]
12. 55,631. 24 May, 1742.
Writ in the case of Nathanael Martyn v. William Robertson. [Same form as No. 10.]
1355,637. 16 June, 1742.
Writ in the case of Leonard Jarvis v. Thomas Salter. [Same form as No. 10.]
14. 55,702. 24 May, 1742.
Writ in the case of Nathanael Martyn v. Nathanael Hasey. [Same form as No. 10.]
15. 55,736. 24 May, 1742.
Writ in the case of Nathanael Martyn v. Joseph Dudley. [Same form as No. 10.]
16. 56,470. 20 December, 1742.
Copy of a Letter: Boston, 20 December, 1742, Jacob Griggs to Capt Joseph Weld of Roxbury, giving notice to him as a partner of the late Manufactory Company that he, Griggs, is the possessor of fifty eight Manufactory Bills (so-called) of the denomination of seventeen shillings and sixpence each and sixteen more of said Bills of twenty shillings each, and demanding payment of the same in lawful money immediately, with interest from 9 September, 1740. Certificate on the back of the same, by deputy sheriff, of service by reading the letter and serving a copy. Oath of sheriff to truth of return made before the Clerk of Court. The accuracy of the Copy attested by the Clerk of Court.
See Publications of this Society, III. 50.
17. 56,560.
[A duplicate of No. 16.]
18. 56,587. 16 December, 1742.
Inferiour Court of Common Pleas: Nathanael Martin v. William Wheeler. Printed form of writ, prepared for suits against Partners in the Land Bank Scheme. [Same form as No. 10.]
Instructions to attach and arrest stricken out.
19. 56,660. 4 December, 1742.
D. R. v. Stevens: Warrant issued by the Superiour Court of Judicature, reciting the Act of Parliament directed against the Land Bank and setting forth that offenders against it have incurred the penalties of the Statute of Premunire; alleging that John Overing, Attorney-General, lodged information at the term held 7 December last, against Samuel Stevens, grounded on said Act; summoning Stevens to appear at the February Term of Court.
Return of Deputy-Sheriff, 29 January, 1742 [–43] that he has not been able to make personal service of this writ.
20. 56,663. February, 1742 [–43].
D. R. v. Hewes: Information lodged by John Overing, Attorney-General, at the February term of the Superiour Court of Judicature, 1743, setting forth that Solomon Hewes was a partner in the Land Bank, that he has neglected to redeem certain Manufactory Bills, payment of which was demanded by one Thomas Kilby, wherefore the Attorney-General prays the advisement of the Court in the premises and the writ of the King to be directed to the Sheriff to forewarn said Hewes to come here and answer our Lord the King in the premises.
21. 56,960. 17 March, 1742 [–43].
Jacob Griggs v. Joseph Weld: Printed form of writ prepared for suits against partners in the Land Bank Scheme. [Same form as No. 10.]
22. 571,90. 26 April, 1743.
D. R. v. Blood. Information lodged by John Overing, Attorney-General, in the Superiour Court of Judicature, April, 1743, setting forth that John Blood of Concord was a partner in the Land Bank, that he has neglected. to redeem certain Manufactory Bills, payment of which was demanded by one Thomas Kilby, whereupon the Attorney-General prays the advisement of the Court in the premises, and the writ of the King to be directed to the Sheriff to forewarn said Blood to come here and answer our Lord the King in the premises. Notation. Nolo ulpius2 prosequi. J. Overing. Allow’d ꝓ Dno Rege.
23. 57,526. 10 June, 1743.
D. R. v. Hewes. Warrant issued by the Superiour Court of Judicature reciting the Act of Parliament directed against the Land Bank, and setting forth that offenders against it have incurred the penalties of premunire; alleging that John Overing, Attorney-General, at the February term, lodged information against Solomon Hewes grounded on said act; summoning said Hewes to appear at the August term of the Court.
Return of the Deputy Sheriff 1 August, 1743, setting forth that he has not been able to make personal service of this writ.
24. 58,408. 5 April, 1743.
Jacob Griggs v. Joseph Weld. Judgment in the Inferiour Court of Common Pleas, April, 1743, setting forth that Griggs is the possessor of certain Land Bank Notes. That Weld was a partner. Reciting Weld’s appearance and answer. The Verdict of the Jury. From which Weld appealed and entered into recognizance with sureties to prosecute his appeal. Certified by the Clerk of Court.
To which is attached a receipt dated 10 April, 1744, signed by two of the Commissioners for settling the Land Bank affairs, for sixty-five pounds, fifteen shillings, Manufactory Bills, lodged in Court by the Plaintiff, for which he recovered judgment, since satisfied.
See Publications of this Society, III. 50.
25. 59,480. 15 September, 1744.
Inferiour Court of Common Pleas. Writ, special blank prepared for the use of Commissioners of the Land Bank, containing a printed declaration for suits against delinquent partners who have paid no part of what is due from them, and based upon an assessment laid by the Commissioners, 16 August, 1744, the defendant being simply summoned to appear and answer in the case of Commissioners v. Eleazer Ellis. (See Plate 6, Currency and Banking in the Province of the Massachusetts Bay, II.)
GEORGE the Second, by the Grace of God of Great Britain, France and Ireland, KING, Defender of the Faith, &c. |
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To the Sheriff of our County of Suffolk his Under Sheriff or Deputy, Greeting.
We command you that you Summon Eleazer Ellis of Dedham, in our County of Bristol Yeoman (if he may be found in your Precinct) to appear before Our Justices of Our Inferiour Court of Common Pleas to be holden at Boston within and for Our said County of Suffolk, on the first Tuesday of October next, then and there in Our said Court to Answer to John Jeffries of Boston aforesaid, Esq; Samuel Danforth of Cambridge in Our County of Middlesex, Esq; and John Chandler of Worcester in Our County of Worcester, Esq; Commissioners appointed for the ordering and adjusting all the Affairs and Business necessary for the just and equal finishing of the Land Bank and Manufactory Scheme, in a Plea of Debt; for that whereas the said Eleazer Ellis and many others in the Year of our Lord One Thousand seven Hundred and forty, at Boston aforesaid, published and became engaged and interested in an unwarrantable Scheme for supplying a pretended Want of a Medium in Trade, by setting up a Bank on Land Security, the Stock of such Bank to be raised by publick Subscriptions for large Sums of Money, whereof small sums were from Time to Time to be paid in by the particular Subscribers, and to be managed by Directors, and other Officers, and Dividends to be made, and issued forth Bills called Manufactory Bills of several Denominations for divers Sums amounting to a great Value: And whereas afterward the Directors and Partners of the said Company, in general publickly renounced their Scheme, and great Numbers of them redeemed their just Proportion of the said Bills and delivered them up to be consumed, yet many of the Partners neglected to do it, as by the Preamble of an Act passed by the Great and General Court of this our Province of the Massachusetts Bay, begun and held at Boston on the twenty-fifth Day of May Seventeen Hundred and forty three, and continued by Adjournment and Prorogation to the twentieth Day of October last, entitled An Act for the more speedy finishing of the Land Bank or Manufactory Scheme, it is declared; and therefore for the more speedy finishing of the said Scheme in as equitable a Manner as may be, it is by the said Act enacted, “That the said Commissioners be enabled if need be in their own Names to sue for and recover such Sums of Money or any part thereof as shall be Assessed upon any such delinquent Director or Partner by the said Commissioners or any two of them, with the Approbation and Allowance of the Great and General Court of this Our Province for the Redemption of their respective Proportions of the Bills of the said late Company, and their equitable Part and Share of all Loss and Charges arising by said Scheme, in any of Our Courts in Our said County of Suffolk, by such Action as the Nature of the Case shall require.” And whereas the said Commissioners on the sixteenth of August last at Boston aforesaid made an Assessment whereby they assess’d such of the delinquent Partners in said Scheme (whereof the said Eleazer Ellis was one) as had paid no part of what was due from them to the said late Company, nor had otherwise redeemed any Part of the Bills which they borrowed and received of the said late Company, in divers Sums of Money consisting of the principal Sums by the said delinquent Partners respectively received from the said late Company in Land Bank or Manufactory Bills and the Interest due thereon, together with the further Sum of six Pounds on every Hundred of the original Sum drawn out of the said late Company’s Stock or borrowed out of the same, by such of the said assess’d Partners as were concern’d in Trade, and three Pounds on the Hundred as the Proportion of the other assess’d Partners, and so pro rata for any greater or less Sum, in which Assessment the said Eleazer Ellis was assess’d in the sum of Thirty Seven Pounds Nineteen Shillings & Eight pence that is to say in Thirty Pounds for the principal Sum by him received from the said late Company in the Bills aforesaid, and Seven Pounds one Shilling & Eight pence for Interest and Charges, and Eighteen Shillings for Loss on Trade; amounting in the whole to the said Sum of Thirty Seven Pounds Nineteen Shillings & Eight pence And the said Commissioners made a Report of the same Assessment to the Great and General Court of Our said Province during their last Session begun and held at Boston the ninth day of August last. And the said Assessment was by the said Great and General Court by an Act then pass’d intitled An Act in further Addition to and Explanation of an Act for the more speedy finishing the Land Bank or Manufactory Scheme, allowed and approv’d of against such of the Partners assessed as aforesaid, who should not file their Appeals from the same to the said Great and General Court at their next Session in the Secretary’s Office on or before the seventh Day of September Instant, and such of said Partners were by said Act made chargeable to pay to the said Commissioners the respective Sum or Sums thus assess’d upon them, and on Neglect of Payment thereof the said Commissioners were authorized in their own Names to sue for and recover the same in Manner before-mentioned; provided the said Commissioners gave Notice to the late Partners of the said Manufactory Company by them assess’d as aforesaid of the several before-mentioned Assessments by causing a List or Schedule of the same, together with a Copy of the last mentioned Act, to be inserted in the four weekly Prints, called the Boston Weekly- Post-Boy, the Boston Evening Post, the Boston Gazette or Weekly Journal, and the Boston Weekly News-Letter, which should be next published after the Publication of the said last mentioned Act: And the Plaintiffs say, that the last mentioned Act was published at Boston aforesaid on the eighteenth Day of August last, and they accordingly at Boston aforesaid gave Notice to the late Partners assessed as aforesaid of their several before-mentioned Assessments, by causing a List or Schedule of the same (wherein was contained the Name of the said Eleazer Ellis the aforesaid Sums wherein he was assess’d and the Town he dwelt in) together with a Copy of the last mentioned Act to be inserted in the four weekly Prints aforesaid that were next, published after the said eighteenth Day of August last: And the Plaintiffs further say that the said Eleazer Ellis did not on or before the said seventh Day of September Instant, file in the Secretary’s Office any Appeal from the aforesaid Assessment made on him to the said Great and General Court: Whereupon an Action accrues to the Plaintiffs to have and recover of the said Eleazer Ellis the said Sum of Thirty Seven Pounds Nineteen Shillings & Eight pence assessed on him as aforesaid; yet nevertheless the said Eleazer Ellis tho’ often requested has not paid the same but unjustly detains it. To the Damage or the said John Jeffries, Samuel Danforth, and John Chandler, as they say, the Sum of Sixty Pounds which shall then and there be made to appear. And have you there this Writ with your Doings therein. Witness Edwd Hutchinson Esq; at Boston, the Fifteenth Day of September In the eighteenth year of our Reign. Annoque Domini, 1744.
[Signed] Ezekl. Goldthwait Clk.
26–29. 59,483–59,561.
Commissioners’ writs of the same form, and of the same date as No. 25 in the following cases:—
Numbers. |
Suffolk Files. Numbers. |
Plaintiffs. |
Defendants. |
26 |
59,483 |
Commissioners, &c. |
Joseph Esty |
27 |
59,535 |
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Benjamin Johnson |
28 |
59,549 |
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Thomas Harback |
29 |
59,561 |
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Abiel Kelly, Jr. |
30. 59,692. 27 June, 1743.
Inferiour Court of Common Pleas. Abijah Cheever v. Josiah Robinson of Leicester. A new blank prepared for suits by possessors of bills against partners in the Land Bank Scheme. A summons to appear and answer, without instructions to attach or arrest. Copy attested, followed by attested Copy of judgment for defendant, setting forth Writ, Answer of defendant, Verdict for defendant, and appeal of plaintiff. Copy attested by Clerk of Court. Proceedings on Appeal. Judgment reversed. Copy attested by Clerk of Court. Receipt of plaintiff for amount of judgment. Receipt given by Commissioners for £ 54. 15s. Manufactory Bills, lodged in Court, and surrendered to them 13 December, 1744.
(See Plate 5, Currency and Banking in the Province of the Massachusetts Bay, II.)
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GEORGE the Second by the Grace of GOD of Great Britain, France, and Ireland, King Defender of the Faith &c. |
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To the Sheriff of our County of Worcester his under Sheriff or Deputy. Greeting. |
We Command you that you Summon Josiah Robinson of Leicester in our County of Worcester Yeoman (if he may be found in your Precinct) to appear before our Justices of our Inferior Court of Common Pleas to be holden at Worcester within and for our said County of Worcester on the third Tuesday of Augt next then and there in our said Court to answer to Abijah Cheever of Lynn in our County of Essex Tanner in a Plea of Debt, for that whereas the said Josiah Robinson and many others in the Year of our Lord seventeen Hundred and forty, at Worcester aforesaid, published and became engaged and interested in a Scheme for supplying a Pretended Want of a Medium in Trade, by sitting up a Bank on Land Security, the stock of said Bank, to be raised by public subscriptions for large Sums of Money, whereof small Sums were from Time to Time to be paid in by the particular Subscribers, and to be managed by Directors and other Officers, and Dividends to be made, and issued forth Bills called Manufactory Bills, of several Denominations, promising to take them in all Payments, Trade and Business for so much lawful Money at six Shillings and eight Pence an Ounce as was mentioned in the respective Bills; and after twenty Years to pay Mr. Joseph Marion or Order the Value thereof in certain Produce or Manufactures, bearing Date the ninth Day of September, seventeen Hundred and forty, and indors’d in Blank by the said Joseph Marion for the benefit of the Possessors, and afterwards the said Abijah Cheever giving Credit to the said Company and to their Bills aforesaid, received of the said Bills in Payments made to him in his Dealings fifty of the Denominations of seventeen shillings and sixpence Each & eleven of the Denominations of Twenty Shillings each, the Sums in them all mentioned, amounting in the whole to the Sum of fifty four pounds fifteen shillings, and neither the said Josiah Robinson nor any Body else will take any of them from him at that Value, but they rest in his Hands unsatisfied, whereof the said Josiah Robinson had Notice, and so by the Statute in that Case provided, became chargeable to the said Abijah Cheever for the sum of fifty four pounds fifteen shillings in lawful Money, with lawful Interest from the Date of said Bills on Demand, yet the said Josiah Robinson hath not paid the same tho’ often requested, but still unjustly detains it: To the Damage of the said Abijah Cheever (as he saith) the Sum of Sixty Pounds, which shall then and there be made to appear, with other due Damages, and have you there this Writ with your Doings therein, Witness Joseph Wilder Esq; at Worcester the 27th Day of July in the Seventeenth Year of our Reign Annoque Domini, 1743.
[Signed] John Chandler Cler.
Copy Examined
[Signed] John Chandler Cler.
31. 59,757. 10 December, 1744.
Inferiour Court of Common Pleas. Writ, special blank prepared for use by the Commissioners of the Land Bank, with instructions to the Sheriff to attach or arrest, and containing a printed declaration for suits against partners who were delinquent in payment of assessments made 8 November, 1744, in the case of the Commissioners v. Jeremiah Woodcock. (See Plate 7, Currency and Banking in the Province of the Massachusetts Bay, II.)
Suffolk, ss. |
GEORGE the Second by the Grace of GOD of Great Britain, France and Ireland, KING, Defender of the Faith &c. |
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To the Sheriff of Our County of Suffolk his Under-Sheriff or Deputy, Greeting. |
WE command you to attach the Goods or Estate of Jeremiah Woodcock of Needham in our County of Suffolk Yeoman to the value of Fifty Pounds, and for Want thereof to take the Body of the said Jeremiah Woodcock (if he may be found in your Precinct) and him safely keep, so that you have him before our Justices of our Inferiour Court of Common Pleas next to be holden at Boston within and for our said County of Suffolk, on the first Tuesday of January next; Then and there in our said Court to answer unto John Jeffries of Boston aforesaid Esq; Samuel Danforth of Cambridge in our County of Middlesex, Esq; and John Chandler of Worcester in our County of Worcester, Esq; Commissioners appointed pursuant to an Act of the Great and General Court for the more speedy finishing of the Land Bank or Manufactory Scheme, made in the seventeenth Year of our Reign, in a Plea of Debt, for that whereas by Authority of Parliament the said Scheme was declared illegal; and all, any and every Person interested therein made chargeable to the Possessors of their Bills for the present Payment thereof in lawful Money with Interest from the Date thereof, whereby in Equity and according to their Covenants among themselves, they were severally obliged to pay their rateable Parts for the Redemption of their outstanding Bills; which rateable Part (at present appearing to be due) the said John Jeffries & Samuel Danforth in Pursuance of the aforesaid Act of the General Court, and of another Act of the General Court made in the eighteenth Year of our Reign in further Addition to and Explanation of the former, on the eighth Day of November last at Boston aforesaid have assess’d upon several of the said Partners whereof the said Jeremiah Woodcock is one, and therein assess’d Thirty two Pounds Two Shillings & Seven pence and thereupon gave the said Partners Notice thereof by causing a List of the said Assessment to be inserted in the four Weekly Prints called the Boston Weekly Post-Boy, the Boston Evening Post, the Boston Gazette or Weekly Journal, and the Boston Weekly News Letter, then next published; and on the Fifth Day of December instant made Report of their Proceedings therein to the General Court, who approved of the same, and the said Jeremiah Woodcock thereby and by Virtue of the Acts of the General Court aforesaid became chargeable for the said Sum assess’d, to be paid to the said John Jeffries, Samuel Ban-forth, and John Chandler, for the Uses in the said Acts mentioned on Demand. Yet the said Jeremiah Woodcock though often requested, hath not paid the same, but still unjustly detains it; to the Damage of the said John Jeffries, Samuel Danforth, and John Chandler, as they say, the sum of Fifty Pounds, which shall then and there be made to appear with other due Damages: And have you there this writ with your Doings therein. Witness Edward Hutchinson Esq; at Boston, the Tenth Day of December In the Eighteenth Year of our Reign. Annoque Domini 1744
[Signed] Middlecott Cooke Cler.
32. 59,781. 7 December, 1744.
Writ in the case of Commissioners v. David Plummer. [Same form as No. 31.]
33. 59,864. 10 December, 1744.
Writ in the case of the Commissioners v. Thomas Jordan. [Same form as No. 31.]
34. 60,009. 1 January, 1744 [–45].
Superiour Court of Judicature. Judgment in the Inferiour Court of Common Pleas, in the Case of the Commissioners of the Land Rank v. Jeremiah Woodcock, reciting the form of writ used in No. 31, concluding with the default of the defendant and his appeal. Certified Copy.
35. 60,011: 1. 1 January, 1744 [–45].
Superiour Court of Judicature. Judgment in the Inferiour Court of Common Pleas, filled out in the Case of the Commissioners of the Land Bank v. John Vinal and John Vinal Jr. in a plea of debt on a bond given the Directors of the Land Bank by Elijah Vinal, John Vinal and John Vinal Jr. Default of Defendants who only were attached, and their appeal.
36. 60,011: 2. 19 February, 1744 [–45].
Superiour Court of Judicature. The Commissioners of the Land Bank v. John Vinal and John Vinal Jr., on Appeal from the judgment in the Superiour Court. Motion of Commissioners for affirmation of judgment.
37. 60,011. 3. 9 September, 1740.
Superiour Court of Judicature. Appeal Papers in the Commissioners of the Land Bank v. John Vinal and John Vinal Jr. Judgment against these defendants in the Inferiour Court.
Copy of Bond on which the action was brought, given by Elijah Vinal, John Vinal and John Vinal Jr. to the Directors of the Land Bank. Similar in terms to the obligations of the Mortgages.
38. 60,011: 4.
Superiour Court of Judicature. The Commissioners of the Land Bank v. John Vinal and John Vinal Jr., on appeal from the judgment against these defendants in the Inferiour Court.
Bond to prosecute appeal signed by John Overing, Attorney, Andrew Lane and William Read, Gentlemen.
39. 60,316. 14 March, 1745. [N. S.]
Inferiour Court of Common Pleas. The Commissioners of the Land Bank v. Edward Grout Jr. [Same form of writ, etc., as No. 31.]
40. 60,340. 9 January, 1744 [–45].
Inferiour Court of Common Pleas. Ordinary form of Execution, in the case of the Commissioners of the Land Bank v. Caleb Barker, addressed to the Sheriff of Plymouth County.
Receipt in full 29 March, 1745, by Deputy Sheriff.
Receipt in full 6 April, 1745, by Commissioners.
41. 60,693: 1. 13 June, 1745.
Inferiour Court of Common Pleas. Nathaniel Martyn v. William Stoddard. Printed form of Writ prepared for suits against partners in the Land Bank Scheme, commanding sheriff to attach the goods or estate of the defendant and for want thereof to take the body. [Same form as No. 10.] The “attach and arrest” clause erased, and with sundry other erasures and alterations in the phraseology.
42. 60,693: 2. July, 1745.
Inferiour Court of Common Pleas. Nathaniel Martin v. William Stoddard, July, 1745. The Defendant, through Robert Auchmuty, puts in four pleas in abatement, saving which, if overruled, he pleads for issue that he is not indebted in manner and form as Plaintiff declares, and of this puts himself on the Country. The Jury find for Defendant.
43. 60,837. 22 March, 1744 [–45],
Inferiour Court of Common Pleas. Ordinary form of Execution in the Case of the Commissioners of the Land Bank v. Solomon Hewes.
Endorsements. A power of Attorney in blank, authorizing the appointee to cause the same to be extended on the body, goods, chattels and lands of the defendant, executed by the Commissioners, dated 13 August, 1745; consent of Danforth 20 August, 1745, that the execution be returned no part satisfied; Return to that effect, same day, by Deputy Sheriff.
44. 61,394. 11 December, 1745.
Inferiour Court of Common Pleas. The Commissioners of the Land Bank v. Thomas Jordan. Ordinary form of execution.
45. 61,395. 11 December, 1745.
Inferiour Court of Common Pleas. The Commissioners of the Land Bank v. Samuel Morgan. Ordinary form of Execution.
46. 61,416. 11 December, 1745.
Inferiour Court of Common Pleas. Andrew Lane v. William Stoddard. Printed form of writ prepared for suits against partners in the Land Bank Scheme. [Same form as No. 10.] Attachment of estate and arrest of person.
The Defendant, through Robert Auchmuty, answers that he is not indebted in Manner and form, etc.
Finding for Defendant
47. 61,431. 15 September, 1744.
Inferiour Court of Common Pleas. The Commissioners of the Land Bank v. Thomas Pool. Special Blank Writ for use by the Commissioners against delinquent partners who have paid no part of their dues. [Same form as No. 25.] Summons to appear. No instruction to attach or arrest.
48. 61,521: 1. 11 December, 1745.
Inferiour Court of Common Pleas. Daniel Henshaw v. Jacob Sheafe. Printed Form of Writ prepared for use against partners in the Land Bank Scheme. [Same form as No. 10.] Attach or arrest.
The defendant pleads he is not indebted in manner and form etc., through Robert Auchmuty, Defendant’s Attorney.
49. 61,521: 2. January, 1745 [–46].
Superiour Court of Judicature. Daniel Henshaw v. Jacob Sheafe, on appeal. Copy of judgment in the Inferiour Court of Common Pleas, including copy of Writ, Defendant’s plea, Verdict of jury for Defendant and Appeal by Plaintiff.
50. 61,521: 3.
Superiour Court of Judicature. Daniel Henshaw v. Jacob Sheafe. Recognizance on appeal, signed by Daniel Henshaw, Benjamin Kent, Benjamin Pratt.
Defaulted 2 February, 1745 [–46].
51. 61,673. 14 March, 1745 [–46].
Inferiour Court of Common Pleas. The Commissioners of the Land Bank v. Daniel Thayer. Writ, Special Blank, prepared for the use of the Commissioners of the Land Bank, addressed directly to defendant summoning him to appear and answer. The suit being based upon an assessment of 27 December, 1745. The closing clause of the writ consisting in a statement that the goods and estate of the defendant have been attached. (See Plate 8, Curency and Banking in the Province of the Massachusetts Bay, II.)
Suffolk ss. |
GEORGE the Second by the Grace of GOD of Great Britain, France and Ireland, KING, Defender of the Faith, &c. |
|
To Daniel Thayer of Braintree in our County of Suffolk Husbandman Greeting.
WE Command you that you appear before our Justices of our Inferiour Court of Common Pleas next to be holden at Boston, within and for our said County of Suffolk, on the first Tuesday of April next; Then and there in our said Court to answer unto John Jeffries of Boston aforesaid, Esq; Samuel Danforth of Cambridge in our County of Middlesex Esq; and John Chandler of Worcester in our County of Worcester, Esq; Commissioners appointed pursuant to an Act of the Great and General Court for the more speedy finishing of the Land Bank or Manufactory Scheme, made in the seventeenth Year of our Reign, in a Plea of Debt, for that whereas by Authority of Parliament the said Scheme was declared illegal; and all, any and every Person interested therein made chargeable to the Possessors of their Bills for the present Payment thereof in lawful Money with Interest from the Date thereof, whereby in Equity and according to their Covenants among themselves, they were severally obliged to pay their rateable Parts for the Redemption of their outstanding Bills; which rateable Part (at present appearing to be due) the said John Jeffries and Samuel Danforth, in Pursuance of the aforesaid Act of the General Court, and of another Act of the General Court made in the eighteenth Year of our Reign in further Addition to and Explanation of the former, on the twenty seventh Day of December last, at Boston, aforesaid assess’d the said Partners in which assessment the said Daniel Thayer are one, and therein assess’d Three Pounds and thereupon gave the said Partners Notice thereof by causing a List of the said Assessment to be inserted in the four Weekly Prints called the Boston Weekly Post-Boy, the Boston Evening Post the Boston Gazette or Weekly Journal and the Boston Weekly News-Letter, then next published; and on the seventh Day of February last made Report of their Proceedings therein to the General Court, who approved of the same, and you the said Daniel Thayer thereby and by Virtue of the Acts of the General Court aforesaid became chargeable for the said Sum assess’d, to be paid to the said John Jeffries, Samuel Danforth, and John Chandler, for the Uses in the said Acts mentioned on Demand. Yet you the said Daniel Thayer though often requested have not paid the same, but still unjustly detain it; Which Plea the said John Jeffries, Samuel Danforth, and John Chandler have commenced against you to be heard and tried at the said Court, and your Goods or Estate are attached to the value of Six Pounds, being for security to satisfy the Judgment which the said John Jeffries, Samuel Danforth, and John Chandler, may recover upon the aforesaid Tryal: Fail not of appearance at your Peril. Witness Edwd Hutchinson Esq; at Boston, the fourteenth Day of March In the nineteenth Year of our Reign Annoque Domini, 1745
[Signed] EzekL Goldthwait Cler.
52. 61,678. 14 March, 1745 [–46].
Inferiour Court of Common Pleas. The Commissioners of the Land Bank v. Daniel Alden. A special blank for use of the Commissioners for the collection of the assessment of 27 December, 1745. Attach or arrest. (See Plate 9, Currency and Banking in the Province of the Massachusetts Bay, II.)
Suffolk ss. |
GEORGE the Second by the Grace of GOD of Great Britain, France and Ireland, King, Defender of the Faith &c. |
|
To the Sheriff of Our County of Plymouth his Under-Sheriff or Deputy, Greeting.
WE command you to attach the Goods or Estate of Daniel Alden of Bridgewater in our County of Plymouth yeoman to the Value of Sixteen Pounds, and for Want thereof to take the Body of the said Daniel Alden (if he may be found in your Precinct) and him safely keep, so that you have him before our Justices of our Inferiour Court of Common Pleas next to be holden at Boston, within and for our said County of Suffolk, on the first Tuesday of April next; Then and there in our said Court to answer unto John Jeffries of Boston aforesaid, Esq; Samuel Danforth of Cambridge in our County of Middlesex, Esq; and John Chandler of Worcester in our County of Worcester, Esq; Commissioners appointed pursuant to an Act of the Great and General Court for the more speedy finishing of the Land Bank or Manufactory Scheme, made in the seventeenth Year of our Reign, in a Plea of Debt, for that whereas by Authority of Parliament the said Scheme was declared illegal; and all, any and every Person interested therein made chargeable to the Possessors of their Bills for the present Payment thereof in lawful Money with Interest from the Date thereof, whereby in Equity and according to their Covenants among themselves, they were severally obliged to pay their rateable Parts for the Redemption of their outstanding Bills; which rateable Part (at present appearing to be due) the said John Jeffries and Samuel Danforth, in Pursuance of the aforesaid Act of the General Court, and of another Act of the General Court made in the eighteenth Year of our Reign in further Addition to and Explanation of the former, on the twenty seventh Day of December last at Boston aforesaid have assess’d upon several of the said Partners, whereof the said Daniel Alden is one, and therein assess’d eight pounds and thereupon gave the said Partners Notice thereof by causing a List of the said Assessment to be inserted in the four Weekly Prints called the Boston Weekly Post-Boy, the Boston Evening-Post, the Boston Gazette or Weekly-Journal, and the Boston Weekly News-Letter, then next published; and on the Seventh Day of February last made Report of their Proceedings therein to the General Court, who approved of the same, and the said Daniel Alden thereby and by Virtue of the Acts of the General Court aforesaid became chargeable for the said Sum assess’d, to be paid to the said John Jeffries, Samuel Danforth, and John Chandler, for the Uses in the said Acts mentioned on Demand. Yet the said Daniel Alden though often requested, hath not paid the same, but still unjustly detains it; to the Damage of the said John Jeffries, Samuel Danforth, and John Chandler, as they say, the Sum of Ten Pounds, which shall then and there be made to appear with other due Damages; And have you there this Writ with your Doings therein. Witness Edwd. Hutchinson Esq. at Boston, the fourteenth Day of March. In the nineteenth Year of our Reign. Annoque Domini, 1745.
[Signed] Ezekl Goldthwait Cler.
53–56. 61,708–61,739.
Writs in suits by the Commissioners in which the same blank is used as in No. 52, as follows:—
Numbers. | Suffolk Piles. Numbers. | Plaintiffs. | Defendants. |
---|---|---|---|
53 |
61,708 |
Commissioners |
David Leach |
54 |
61,711 |
“ |
Elkanah Leonard |
55 |
61,722 |
“ |
Joseph Stutson, Jr. |
56 |
61,739 |
“ |
Samuel Hunt |
57. 61,961. 4 June, 1746.
Writ in the suit of the Commissioners v. John Stackpole. [Same form as Number 51—with slight changes. ]
58. 61,965. 4 June, 1746.
Writ in the suit of the Commissioners v. Jeremiah Wetherell. [Same form as Number 52.]
59. 61,976: 1. 4 June, 1746.
Inferiour Court of Common Pleas. Commissioners of the Land Bank v. Stephen Webster. Writ addressed directly to Defendant. [Same form as No. 57.]
60–82. 61,976: 2–62,177.
Inferiour Court of Common Pleas. Writs. Special Blank. [Same form as No. 52.]
Numbers. | Suffolk Files. Numbers. | Plaintiffs. | Defendants. | |
---|---|---|---|---|
0 |
61,976: 2 |
Commissioners, etc. v. |
Stephen Webster |
|
61 |
61,984 |
“ |
“ |
Joshua Nichols |
62 |
61,990 |
“ |
“ |
Joseph Russell |
63 |
61,994 |
“ |
“ |
Thomas Salter |
64 |
61,995 |
“ |
“ |
Joseph Puffer |
65 |
61,997 |
“ |
“ |
Joseph Moffatt |
66 |
62,005 |
“ |
“ |
Edward Parks |
67 |
62,020 |
“ |
“ |
Thomas Woolley |
68 |
62,057 |
“ |
“ |
Jonathan Wild |
69 |
62,063 |
“ |
“ |
John Allen Junr |
70 |
62,065 |
“ |
“ |
Richard Hood |
71 |
62,076 |
“ |
“ |
Jonathan Woolley |
72 |
62,086 |
“ |
“ |
Moses Rice |
73 |
62,090 |
“ |
“ |
William Knox |
74 |
62,112 |
“ |
“ |
Ephraim May |
75 |
62,121 |
“ |
“ |
Samuel Pain |
76 |
62,127 |
“ |
“ |
Paul Brintnal |
77 |
62,141 |
“ |
“ |
Elkanah Wales |
78 |
62,146 |
“ |
“ |
Perley How |
79 |
62,151 |
“ |
“ |
Aaron Newton |
80 |
62,160 |
“ |
“ |
Moses Eayres |
81 |
62,165 |
“ |
“ |
Samuel Mirick |
82 |
62,177 |
“ |
“ |
Phinehas Stevens |
83. 62,181. July, 1746.
Superiour Court of Judicature. Copy of Judgment in the Inferiour Court in the Case of the Commissioners of the Land Bank v. Richard Hood. Defendant defaulted. After default appeared and appealed.
84. 62,213. 1 July, 1746.
Superiour Court of Judicature. The Commissioners of the Land Bank v. Richard Hood. On appeal. Recognizance to prosecute appeal.
85. 62,215. 1 July, 1746.
Superiour Court of Judicature. The Commissioners of the Land Bank v. Nathaniel Smith. Recognizance to prosecute appeal.
86. 62,265. 1 July, 1746.
Superiour Court of Judicature. The Commissioners of the Land Bank v. Francis Miller. Copy of Judgment. Copy of Recognizance to prosecute appeal.
87. 62,332. August, 1746.
Superiour Court of Judicature. The Commissioners of the Land Bank v. Richard Hood. The Commissioners pray for affirmation of the judgment in the Lower Court.
88. 62,981. 12 March, 1746 [–47].
Inferiour Court of Common Pleas. The Commissioners of the Land Bank v. William Cook. Summons to defendant to appear and show cause why execution should not issue.
89. 63,180. 5 May, 1747.
Inferiour Court of Common Pleas. Execution in the case of the Commissioners of the Land Bank v. Edward Jennings.
90. 63,184. 6 May, 1747.
Inferiour Court of Common Pleas. The Commissioners of the Land Bank v. Benjamin White. Execution.
91. 63,258. 4 June, 1747.
Inferiour Court of Common Pleas. The Commissioners of the Land Bank v. Ebenezer Burbank. Printed form of writ prepared for the use of the Commissioners of the Land Bank. [Same form as No. 51.]
92. 63,506. 25 August, 1747.
Inferiour Court of Common Pleas. The Commissioners of the Land Bank v. Joseph Studson, Jr. Execution.
93. 63,520: 1. 6 August, 1747.
Inferiour Court of Common Pleas. Edward Grout v. the Commissioners of the Land Bank. Execution.
Receipt of Richd Dana, Attorney, for “ye Contents due to me.”
94. 63,520: 2. 17 October, 1746.
Order of Stephen Fessenden 17 October, 1746, to pay Richard Dana Six pounds four shillings in Old Tenor Bills.
95. 64,577: 1. 14 September, 1748.
Inferiour Court of Common Pleas. Jeffries and Danforth, two of the Commissioners of the Land Bank, v. Richard Brackett. Suit in a writ of ordinary form, on a bond 3 February, 1747[–48] for £500 lawful money.
96. 64,577: 2. 3 February, 1747 [–48].
Inferiour Court of Common Pleas. Jeffries and Danforth, two of the Commissioners of the Land Bank, v. Richard Brackett. Bond to Jeffries and Danforth, 3 February, 1747[–48], £500 lawful money. Executed by Charles Snell and Richard Brackett.
97. 66,842: 1. 10 March, 1749[–50].
Inferiour Court of Common Pleas. John Colman v. Robert Auchmuty and seven other surviving Directors of the Land Bank, Samuel Adams being deceased. Alleges that Colman from 1 October, 1740, to 30 September, 1741, at the request of Defendants and of Adams acted as their Treasurer and claims a balance due him of £2614.10s.
Defendants deny promise to reimburse him this amount.
98. 66,842: 2. 3 April, 1750.
Superiour Court of Judicature. John Colman v. Robert Auchmuty and others, Directors of the Land Bank. Jury finds for defendants. Plaintiff appeals.
99. 66,842: 3. 26 May, 1750.
Superiour Court of Judicature. John Colman v. Robert Auchmuty and others, Directors of the Land Bank. Recognizance to prosecute appeal.
100. 66,842: 4. 5 March, 1749 [–50].
Superiour Court of Judicature. John Colman v. Robert Auchmuty and others, Directors of the Land Bank. Column’s statement of account.
A balance is stated of £2614.10s.10d due in Manufactory Bills as of date of 20 April, 1742. John Colman, Errors Excepted. There is also a detailed statement of bills received of the Directors 1 October, 1740, to 15 September, 1741. To this balance on the face of the paper interest is added by Colman to 5 March, 1749 [–50].
101. 66,842: 5. August, 1750.
Superiour Court of Judicature. John Colman v. Robert Auchmuty and others, Directors of the Land Bank. Judgment of the Lower Court affirmed. Also several papers taxing Costs.
102. 67,558: 1.
[First Page.] A list of actions commenced by the Commissioners for settling the Land Bank or Manufactory Scheme, taken from the Books of the Clerk of the Inferiour Court for the County of Suffolk.
Then follow entries concerning twenty-one suits in 1744.
Below these entries, there are several notations made with the page inverted. These relate, evidently, to the amounts due from the Commissioners to the Land Bank in 1746, 1747, 1748, and 1749. The attendance of each of the Commissioners from 17 November, 1743, to 9 January, 1750, is given, a charge made for service, and a balance found to be due each Commissioner.
103. 67,558: 1.
[Second Page.] An abstract taken from the Clerk’s Book of Records of the Inferiour Court for the County of Suffolk, of those who were sued by the Commissioners of the Land Bank. Then follow the particulars concerning forty-eight suits in 1746.
104. 67,558: 1.
[Third Page.] All entries inverted. They consist of a detailed statement of the amount of bills of each denomination issued by the Land Bank. Also an outline of the principal events connected with the history of the Land Bank, giving the dates on which the separate events occurred, thus:—Act of Parliament came over June, 1741, etc.
105. 67,558: 1.
[Fourth Page.] All entries inverted except a few figures in the lower right-hand corner.
A statement of the approval of the account of George Leonard, S[amuel].W[atts]. & Compa. Directors dated Boston, New England, 20 April, 1748, errors excepted, f. J. Colman.
An Account of the last Assessment given unto the General Court, 1750 f. S. D.
Sundry Memoranda representing the redemption of Land Bank Bills by different individuals.
106. 67,558: 2.
A Fragment of the Records of the Commissioners of the Land Bank.
[First Page.] First entry—April, 1748—states that the Commissioners hired a part of the. shop of Mr. Jonathan Williams for an office. Followed by memoranda relative to pending suits, settlements, etc.
9 August, 1748. An estimate of the attendance of the Commissioners, the books showing actual attendance having been lost. Memoranda concerning meetings up to 9 January, 1748 [–49], when three hundred copies of the laws relating to the Land Bank were ordered to be printed for distribution, for information of the Partners.
107. 67,558: 2.
A Fragment of the Records of the Commissioners of the Land Bank.
[Second Page.] Memoranda concerning meetings continued. Last entry, 21 February, 1748 [–49].
Order made that the late Act for finishing the Land Bank Scheme should be posted up in the several Towns of the Province, the Governor having refused to approve the assessment unless this should be done. Memoranda as to the distribution of these notices.
108. 68,419. 4 September, 1751.
Warrant of Distress issued by the Commissioners of the Land Bank against Jonathan Snow. Sheriff’s return endorsed on same. “He is out of the Province.” The form of the Warrant is given in Chap. 23 of the Acts of 1750–51, Province Laws, III. 551–554. (See Plate 10, Currency and Banking in the Province of the Massachusetts Bay, II.)
To the Sheriff of the County of Middlesex his Under Sheriff or Deputy. Greeting.
BY Virtue of the Authority given to us in and by an Act made and pass’d in the twenty-fourth Year of His Majesty King GEORGE the Second, Intituled, An Act in Addition to the Several Laws already in Being for the more speedy finishing the Land Bank or Manufactory Scheme: These are in His Majesty’s Name to require you to levy by Distress and Sale of the Estate of Jonathan Snow of Nottingham in the County of Middlesex yeoman the Sum of Two Pounds Fifteen Shillings & Seven pence Lawful Money, and bring the same to us at our Office in Boston forthwith, returning the Overplus (if any be) to the said Jonathan and if there cannot be found in your Precinct Estate sufficient to discharge the same, then you are to commit the said Jonathan if to be found in your Precinct, to the common Goal of the County of Middlesex there to remain until he has paid the Sum of Two Pounds Fifteen Shillings & Seven pence Lawful Money and Charges; For all which this shall be your sufficient Warrant; save only that if you shall take the Real Estate of the said Jonathan that then the said Jonathan his Heirs, Executors, Administrators or Assigns, shall have Liberty for three Months thereafter to redeem the same; and if the same shall not be redeemed within three Months as aforesaid, by paying said Sum of Two Pounds Fifteen Shillings & Seven pence and Charges, then you are required to sell the same as aforesaid, and return this Warrant and your Doings thereon, into the office of the Register of Deeds for the County of Middlesex there to be recorded. Given under our Hands and Seals at Boston the fourth Day of September 1751, in the Twenty fifth Year of our Sovereign Lord GEORGE the Second, by the Grace of GOD, King of Great Britain &c.
[Signed]
J. Jeffries |
|
S. Danforth |
109–145. 68,420–68,687.
Warrants of same form as No. 108, with Sheriff’s returns.
Numbers | Suffolk Files Numbers | Defendants | Sheriffs’ Returns |
---|---|---|---|
109 |
68420 |
Henry Parker |
Can not find Estate. |
110 |
66421 |
Joseph Banchard |
|
111 |
68426 |
David Learned |
Execution of Warrant suspended. |
112 |
68438 |
Eleazer Haywood |
Dead Insolvent. |
113 |
68440 |
Simeon Keith |
Is dead. Sold his estate in season and was insolvent. |
114 |
68441 |
Jabez Corbin |
Never lived in Worcester but in Woodstock, and no estate can be come at. |
115 |
68442 |
Moses Rice |
At Charlemont, Hampshire County. Now a captive with ye Indians. |
116 |
68447 |
David Boyce |
Never owned any land. Is gone out of ye Country. |
117 |
68448 |
Joel Chaffe |
Never of Worcester but of Woodstock. Out of ye Province and no estate can be found. |
118 |
68449 |
Henry Bosworth |
Sold in Season. Gone to Albany. |
119 |
68450 |
Job Keith |
Sold in Season. Died and left no estate. |
120 |
68451 |
Ebenezer Smith |
Out of ye Province. No Estate. |
121 |
68452 |
Samuel Wilson |
Out of ye Province. No estate. |
122 |
68453 |
Benjamin Boyce junr. |
Mortgaged land lies in Cumberland and the defendant is at Oblany [Albany?]. |
123 |
68454 |
Joseph Davis |
Was never at Worcester but of Woodstock. Neither person or estate. |
124 |
68455 |
Jonathan Ellingwood |
Out of ye Province and no estate can be come at. |
125 |
68456 |
Benjamin Gould |
Sold in Season and died insolvent. |
126 |
68462 |
Daniel Raymond |
Land not subject to be taken. Quære. Whether there is any other estate. |
127 |
68463 |
Jonathan Gaskill |
All taken by execution in season and the defendant is not. |
128 |
68467 |
Isaac Watson |
Paid formerly. |
129 |
68468 |
Jonathan Jackson |
Order of Danforth calling back the warrant. |
68469 |
Edward Grout Jun |
Nothing due on this execution but the Sheriff’s fees. |
|
131 |
68633 |
Joseph Dudley |
Paid formerly. |
132 |
68639 |
Daniel Ward |
Paid. |
133 |
68640 |
Jonathan Tufts |
Paid formerly. |
134 |
68641 |
Timothy Sprague |
Paid formerly. |
135 |
68642 |
Ebenezer Child |
Out of ye Province. No Estate can be come at. |
136 |
68643 |
|
Out of ye Province. No estate can be come at. |
137 |
68644 |
William Wallis |
Neither person or estate. |
138 |
68645 |
William Osgood |
Certificate of Commissioners that it was paid formerly by his father. |
139 |
68646 |
Samuel Hathorn |
Paid formerly. |
140 |
68647 |
Josiah Brown |
I return this execution. Non est inventus. |
141 |
68648 |
Thomas Woolley |
I return this execution. Non est inventus. |
142 |
68649 |
Samuel Belknap |
Paid formerly. |
143 |
68650 |
Jonathan Burnap |
Paid formerly. |
144 |
68651 |
Robert Robins |
Paid formerly. |
145 |
68687 |
Richard Hood |
Dead. Land was sold 13 January, 1743 [–44], etc. |
146. 68,738. 9 December, 1751.
Letter of John Chandler, Jr., to the Commissioners, reporting in detail as to his acts in connection with the Warrants of Distress which have been entrusted to him for service.
147. 68,751. 15 October, 1751.
Warrant of Distress against Moses Foster. [Same form as No. 108.] Return. Paid formerly.
148. 68,753.
Warrant of Distress against David Gould. [Same form as No. 108.] Return. Paid formerly.
149. 68,829: 1. 13 November, 1751.
Inferiour Court of Common Pleas. Writ. The Commissioners of the Land Bank v. William Greenleaf. Suit brought on a judgment recovered by the Directors of the Land Bank January, 1743 [–44]. Pleas of Defendant.
150. 68,829: 2.
Plea of William Greenleaf in suit brought against him by the Commissioners of the Land Bank.
151. 68,848. 13 November, 1751.
Inferiour Court of Common Pleas. [Duplicate of No. 149.]
152. 68,953. 14 January, 1752.
Letter of John Chandler, Jr., to the Commissioners of the Land Bank. Reporting further details as to the collections made on the Warrants of Distress entrusted to him.
153. 69,169: b: 1.
This and the numbers immediately following [Nos. 154–167] are detached leaves from an Account Book of the Commission. 1. An Accot of the several Partners of the late Manufactory Company, who appeared before the Commissrs for settling the sd bank and produced receipts &c., for the payment of any sums of money by them before made to the Commissrs in discharge of their respective dues to said Compa agreeable to an act or law of the Great & General Court passed at their sessions in March 1751. Taken from 4 June, 1751 to . . . 1751.
Page 1 twenty-five receipts; page 2 thirty receipts.
154. 69,169: b: 2.
Continuation of the list of partners who produced receipts; begun in No. 153.
Thirty-two receipts; reverse, thirty-one receipts.
155. 69,169: b: 3.
Continuation of the list of partners who produced receipts; begun in No. 153.
Twenty-seven receipts; reverse, thirty-four receipts, one of them subsequently crossed out.
156. 69,169: b: 4.
Continuation of the list of partners who produced receipts; begun in No. 153.
Thirty-one receipts; reverse, forty-eight receipts, five subsequently crossed out, leaving forty-three.
157. 69,169: b: 5.
Continuation of the list of partners who produced receipts, begun in No. 153.
Thirty-seven receipts, one subsequently crossed out; reverse thirty receipts.
158. 69,169: b: 6.
A leaf, perhaps, from the same book as Nos. 153–157. Memoranda of Collections made by the Commissioners.
159. 69,169: b: 6, reverse.
A record of the attendance of the Commissioners at nine meetings, August, 1751; eight meetings, September, 1751; eleven meetings, October, 1751; eight meetings, November, 1751; ten meetings, December, 1751; seven meetings, January, 1752; and a few memoranda of business transacted.
160. 69,169: b: 7.
Same book as Nos. 158 and 159. The names of thirty-three towns are entered and against seven of them the name of a man is written. Then follows a memorandum of the attendance of the Commissioners at one meeting, 22d, no month, no year; two in March; two in April; two in May; two in June; two in July; four in August; two in September; no year given.
A few memoranda relating to business transactions.
Reverse: Twenty-seven 9ber [November]. Then follows a record of Meeting of Comrs; eleven meetings in October, 1750; nine in November, 1750; two in December, 1750; one in January, 1751 [N. S.].
One or two records of bills burnt.
161. 69,169: b: 8.
Same as Nos. 158 and 159. Records of Meetings of Commissioners showing attendance: thirteen meetings in January, 1751 [N. S.]; four in February, 1751 [N. S.]; four in June, 1751; ten in July, 1751.
A few memoranda as to business transacted.
Reverse: Memoranda as to executions N. and R. Martyn v. Thomas Cheever. Also a receipt to Cheever in part of £500 he borrowed of the late Directors in order to make demands on delinquent partners. With two other memoranda.
162. 69,169: b: 9.
Fragment of a leaf from a Ledger. Nine personal entries.
163. 69,169:b: 10.
A leaf from a Ledger. Boston New England 1 August, 1751. Land Bank Debtor. To sundry Accots vizt. Then follow twenty-nine entries with folio references.
Reverse: Thirty entries, with folio references.
164. 69,169:b: 11.
Same as No. 163. Twenty-nine entries, with folio references. One name, two entries, being torn off.
Reverse: Twenty-eight entries with folio references.
The fragment torn off had on it the amounts against two names.
165. 69,169: b: 12.
Same as No. 163. Thirty-one entries with folio references.
Reverse: Thirty entries with folio references.
166. 69,169: b: 13.
Same as No. 163. Twenty-nine entries with folio references.
Reverse: Twenty-eight entries with folio references.
167. 69,169: b: 14.
Same as No. 163.
Five Dr. Entries with folio references.
Nine Cr. Entries [Directors] with folio references.
One Entry, Land Bank Dr. to Cash. Cash paid Joshua Cheever for money borrowed of him 3 September, 1745, to redeem bills reduced to silver at 36/ p oz. and also to silver at 50/ p oz. and to lawful money, said to be equal to still another amount.
Reverse: Cash Dr. to thirty-five accounts with folio references.
168. 73,034: b. 26 July, 1754.
Certificate issued by Sam. Johnson Clerk to the Commissrs. Boston, giving the basis on which a warrant of distress was issued against James Allen and certifying that it is still outstanding unsatisfied.
169. 74,274.
A memorandum of real estate mortgaged by Thomas Salter to the Land Bank. Evidently for use by the Sheriff in a suit of the Commissioners against Salter.
See Nos. 63 and 176.
170. 74,347: 1. 15 October, 1751.
Warrant of Distress against Josiah Perry of Stoughton and Nathaniel Perry of Easton. [Same form as No. 108.]
Endorsed, Extended 4 June, 1755, on lands and houses occupied by Ebr Tisdal.
171. 74,347: 2. 15 October, 1751.
Memorandum of lands mortgaged by Josiah and Nathaniel Perry to the Land Bank.
172. 74,347: 3. 9 December, 1745.
Notification of Commissioners to Sheriff Pollard to stop proceedings in an Execution against Nathaniel and Josiah Perry.
173. 74,800: a. 7 August, 1755.
Receipt, 7 August, 1755, of Richard Dana for Six pounds four shillings in Old Tenor Bills, due Mr. Fessenden for services for the Commissioners of the late Land Bank Scheme.
174. 78,128: 1. 4 September, 1751.
Warrant of Distress. [Same form as No. 108.] Against Benjamin Floyd.
Endorsed, Alias issued 14 February, 1758.
175. 78,128: 2. 10 September, 1751.
Warrant of Distress. [Same form as No. 108.] Against Jacob Parker.
Endorsed, Gone to the Jerseys. Mortgaged and in possession, etc. Sold before this Act as I am informed B[enjamin] P[ollard]
176. 78,128: 3. 15 October, 1751.
Warrant of Distress. [Same form as No. 108.] Against Thomas Salter.
Endorsed, He has paid in full or nearly.
177. 78,129: 1. 30 November, 1744.
Inferiour Court of Common Pleas. The Commissioners of the Land Bank v. Jonathan Bryant, Abiel Packard and Pelatiah Phinney. Suit on a Bond to the Land Bank.
178. 78,129: 2. 4 September, 1751.
Warrant of Distress against Jonathan Bryant. [Same form as No. 108.]
Endorsed, New warrant issued 14 February, 1758. Instructions from the Commissioners to the Sheriff to the effect that Bryant has furnished proof of partial payment. Dated 26 February, 1752.
179. 78,129: 3. 14 February, 1758.
Warrant of Distress against Jonathan Bryant. [Same form as No. 108.]
Endorsed, No lands mortgaged to the Bank.
180. 78,129: 4. 29 December, 1744.
Receipt given by Commissioners to Jonathan Bryant, £ 48. 12. 3 Manufactory Bills and 4s. 8d. O.T. in full of the sum assessed upon him the eighth of November last as a partner, etc.
181. 78,866: 1. 14 February, 1758.
Warrant of Distress against Banfield Capron. [Same form as No. 108.]
Endorsed, Quære. Whether lands mortgaged be not in the old gore, and so contested.
Sheriffs return 4 September, 1758, to the effect that he can find no estate within his precinct; that the lands, etc., originally mortgaged appear to be in that part of Bellingham called the gore and are now in Rhode Island; cannot find the body of defendant and returns warrant no part satisfied.
182. 78,866: 2.
Description of Capron’s mortgaged lands. Any other estate may be taken and for want of this the body, etc.
183. 82,877: 2. March, 1762.
Memorandum of Numbers of Land Bank Lottery-Tickets in possession of Captain Stevens.
184. 82,877: 3.
A fair copy of No. 183. Certified.
185. 83,629: 1.
Blank Warrant of Distress. Danforth, Goldthwait and Hatch, Commissioners, based on an assessment levied 8 September, 1763. Signed Tho. Goldthwait. (See Plate 11, Currency and Banking in the Province of the Massachusetts Bay, II.)
Samuel Danforth, Thomas Goldthwait, & Nathaniel Hatch, Esqrs.
Commissioners for the more speedy finishing the Land Bank or Manufactory Scheme.
To the Sheriff of the County of his Under-Sheriff or Deputy, |
Greeting:
WHEREAS on the Eighth Day of September last an Assessment was made by us on divers of the late Directors and Partners in said Scheme, and afterwards published in the public News-Papers in Boston agreeable to Law, since which more than thirty Days have elapsed, in which of in the County of a late Partner in said Scheme was assessed the Sum of Lawful Money of this Province, as his Part or Proportion; and altho’ public Notice has been given of said Assessment as afore said, yet the said has neglected to pay the same to us. You are therefore hereby required in his Majesty’s Name, to levy of the monies of the said the Sum of or of his Goods and Chattels to the Value thereof, and pay the same to us within thirty Days coming, and for want of such Money, or Goods and Chattels to the Value thereof (when sold at an Outcry) to be by him shewn unto you or found within your Precinct, you are hereby commanded to apprehend the Body of the said and him commit unto his Majesty’s Goal in and the Keeper thereof is hereby commanded to receive the said into the said Goal, and him safely keep until he shall pay the full Sum aforesaid with your Fees. Hereof fail not, and make Return of this Precept With your Doings into our Office at Boston within thirty Days next coming. Given under our Hands and Seals at Boston, the Day of A. D. 1763, and in the Year of his Majesty’s Reign.
[Signed] Tho. Goldthwait
186. 83,629: 2.
Fragment of Warrant. [Same form as No. 185.]
Endorsed, John Peirce, Bristol, paid.
187. 83,629: 3.
Blank Warrant. [Same form as No. 185.]
188. 84,616.
A list of thirty-five names, giving also, in separate columns, residences and amounts.
Reverse: Continuation of same, Twenty-six names. Evidently connected with the assessment of 8 September, 1763. Then follow the names of five partners whose names were omitted in the assessment of 8 September, 1763.
189. 84,925. 30 November, 1763.
Warrants of Distress. [Same form as No. 185.]
1 |
Daniel Bullock |
Paid |
13 |
Solomon Holman |
Paid |
2 |
Morgan Cobb |
” |
14 |
Ephraim Lane |
” |
3 |
Ephraim Dexter |
None |
15 |
Elias Moore |
None |
Josiah Dodge |
Paid |
16 |
Saml Packard |
Paid |
|
5 |
Benjamin Estabrooks |
Paid |
17 |
Nathl Peabody |
” |
6 |
Also memo from Commrs concerning error of assessment of Estabrooks authorizing settlement. |
18 |
Jonathan Pearson |
” |
|
19 |
Eliakim Rice |
” |
|||
20 |
John Richards |
Recpt |
|||
7 |
Moses Fay |
Pd part |
21 |
Thomas Spur |
Paid |
8 |
Hezekiah Ford |
Paid |
22 |
William Stone |
” |
9 |
Moses Foster |
” |
23 |
Constant Symmons |
” |
10 |
Zechariah Hall |
” |
24 |
Ezekiel Turner |
” |
11 |
Ephraim Hatheway |
” |
25 |
James Whitcomb |
” |
12 |
John Hicks |
” |
26 |
Benjamin Williams |
” |
190. 85,036. 30 November, 1763.
Four Warrants of Distress. [Same form as No. 185.]
Nathaniel Ames |
No Endorsement |
Samuel Dunten |
” |
Jacob Goodale |
Paid |
Robert Cope |
No Endorsement |
191. 85,252.
Account of Cash Received by the Commissioners from the several Partners of the late Land Bank Company assessed 22 March, 1764. Twenty-three names.
Reverse: Thirty-three names.
192. 85,474. 30 June, 1764.
Warrant of Distress. Commissioners of the Land Bank against Joseph Moffat. [Same form as No. 185.] Returned unsatisfied. Said to be a Boston Tobacconist at South End.
193. 85,686. 6 September, 1764.
Warrants of Distress. [Same form as No. 185.] Commissioners of the Land Bank against
Benjamin Jacobs |
Unsatisfied |
Henry Putman |
Unsatisfied |
William Rice |
Unsatisfied |
John Ruddock |
Unsatisfied |
Solomon Wood |
|
194. 85,704.
Memorandum. That the bills in this case were on the ninth of November 1764, delivd to the Commissioners and Burnt by Messrs. Danforth and Hatch in the presence of Mr. Josselyn of Hanover.
195. 86,633.
Sixteen Warrants of Distress. [Same form as No. 185.]
Jonathan Belcher |
6 September, 1764 |
Unsatisfied |
Benjamin Brintnall |
” ” ” |
Has pd in pt |
John Caswell |
” ” ” |
Not Sat. |
John Coombs |
16 ” 1765 |
Settled 1765. |
John Coombs |
6 ” 1764 |
Unsat. |
John Fairfield |
” ” ” |
” |
William French |
” ” ” |
Pd in part unsat. |
William French |
————1765 |
———— |
Timothy Fuller |
6 September, 1764 |
Pd in part not sat. |
Ebenezer Hatheway |
” ” ” |
” ” ” ” |
Thomas Hunt |
30 June, ” |
————” ” |
Samuel Reed |
6 September, ” |
Pd in part ” ” |
Ichabod Shaw |
30 November, 1763 |
Paid |
Samuel Smith |
6 September, 1764 |
Not sat. |
John Whipple Junr. |
” ” ” |
” ” |
James Wilson |
” ” ” |
” ” |
196. 98,781.
Blank Warrant of Distress. Form used by first Land Bank Commissioners. [Same form as No. 108.] Signed by Jeffries and Danforth.
197. 169,388. 4 June, 1746.
Writ. Inferiour Court of Common Pleas. The Commissioners of the Land Bank v. Michael Woodcock. Attach or Arrest. Same form as No. 31 for the assessment of 8 November, 1744.
198. 169,410. 15 December, 1744.
A writ for possessors of bills issuing from the Inferiour Court of Common Pleas in the suit of Jeremiah Allen v. Chadwalliter Ford. The blank form is addressed directly to defendants and winds up with a statement that the property of the defendant has been attached and will be held for security to satisfy the judgment which may be recovered upon trial of the case,—the language in this latter clause being identical with that used in No. 51. By means of interlineations and erasures the writ has been made practically to conform to the blank used in No. 10. A photogravure copy of the writ is given in the Publications of this Society, VIII., facing p. 116.
Suffolk-ss. |
GEORGE the Second, by the Grace of GOD, of Great Britain, France and Ireland, KING, |
|
Defender of the Faith, &c. |
WO ye Sheriff of our County of Middlesex his Under Sheriff or Deputy Greeting We Com̃and you that you Sum̃on Chadwalliter Ford of Willmington in ye same County Yeoman (if he may be found in your precinct) to appear before our Justices of our Inferiour Court of Common Pleas, next to be holden at Boston, within and for our County of Suffolk aforesaid, on the first Tuesday of January next: Then and there in our sd Court to Answer to Jeremiah Allen of Boston aforesd Mercht in a plea of Debt for that whereas the said Chadwalliter and many others in the Year of our Lord seventeen Hundred and forty, at Boston aforesd published and became engaged and interested in a Scheme for supplying a pretended Want of a Medium in Trade, by setting up a Bank on Land Security, the Stock of such Bank to be rais’d by publick Subscription for large Sums of Money, whereof small Sums were from time to time to be paid in by the particular Subscribers and to be managed by Directors and other Officers, and Dividends to be made, and issued forth Bills called Manufactory Bills of several Denominations, promising to take them in all Payments, Trade and Business, for so much lawful Money at Six Shillings and eight Pence an Ounce, as was mentioned in the respective Bills, and after twenty Years to Pay one Joseph Marion or Order, the Value thereof in certain Produce and Manufactures, bearing Date, ye. nineth of September Seventeen Hundred & Forty and indors’d in Blank by the said Joseph Marion for the Benefit of the Possessors; and afterwards the said Jeremiah giving Credit to the said Company at the Value express’d in said Bills, receiv’d of the same Bills Forty Seven of ye Denomination of Twenty Shillings each & Fourteen more of the Denomination of Ten Shillings each, the Sums in them all mentioned, amounting in the whole to the Sum of Fifty Four Pounds, and neither the said Chadwalliter nor any Body else will take any of them from him at that Value, but they rest in his Hands as useless; whereof the said Chadwalliter had Notice, and so by the Statute in that Case provided, became chargeable to the said Jeremiah for the Sum of Fifty four pounds in lawful Money with lawful Interest from the Date of said Bills, on Demand, yet the said Chadwalliter hath not paid the same, tho’ often requested, but still unjustly detains it to the Damage of the said Jeremiah (as he saith,) the Sum of a Hundred Pounds, which shall then and there be made to appear with other due Damages. And have you there this Writ with your Doings therein. Witness Edward Hutchinson Esq; at Boston, the Fifteenth Day of December in the Eighteenth Year of our Reign. Anno Domini, 1744.
[Signed] Middlecott Cooke Cler.
199. 169,411. 18 December, 1744.
Writ. Inferiour Court of Common Pleas. The Commissioners of the Land Bank v. Edward Capen. Attach or arrest [Same form as No. 31.]
200. 169,412. 18 December, 1744.
Writ. Inferiour Court of Common Pleas. The Commissioners of the Land Bank v. William Engs. [Same form as No. 199.]
201. 169,678: 1. 4 June, 1746.
Writ. Inferiour Court of Common Pleas. The Commissioners of the Land Bank v. Edward Stead, based upon the assessment of 27 December, 1745, a summons to appear. This blank, which makes the ninth that we have met in this Calendar, specially printed for use in Land Bank cases, is almost identical with No. 51.
202. 169,678: 2. 4 June, 1746.
Writ. Inferiour Court of Common Pleas. The Commissioners of the Land Bank v. Edward Stead, assessment of 27 December, 1745. Attach or arrest. The tenth special Land Bank writ. Almost identical with No. 52.
203. 169,679. 4 June, 1746.
Writ Inferiour Court of Common Pleas. The Commissioners v. Samuel Smith. [Same form as No. 201.]
204. 169,680. 4 June, 1746.
Writ. Inferiour Court of Common Pleas. The Commissioners v. John Steams. Differs slightly from No. 51 and also from No. 201, but is practically the same form. The eleventh specially printed blank for use in Land Bank cases.
205. 170,777. 1 August, 1751.
A leaf from a Ledger. Land Bank Dr. to Sundry Accots, vizt. Then follow twenty-nine entries with twenty-eight names.
Reverse: Twenty-eight names, all with folio references. Separate columns for Land Bank and for Lawful money.
206. 170,810. 15 October, 1751.
Warrant of Distress issued against Richard Dexter. [Same form as No. 108.]
207. Superiour Court of Judicature. Records, 1740–1745.
Suits of Possessors of Bills against Partners:—
- Richard Martyn v. Peter Chardon.
- Nathaniel Martyn v. Samuel Adams.
- Nathaniel Martyn v. William Stoddard.
- Daniel Henshaw v. Jacob Sheaf.
208. Superiour Court of Judicature. Records, 1743–1747.
Suits of Possessors of Bills against Partners:—
- Nathaniel Martin v. Timothy Stevens.
- Nathaniel Martin v. Thomas Cheever.
- Nathaniel Martin v. Robert Hale.
- Jacob Gregg v. Joseph Weld.
- Richard Martin v. Timothy Cheever.
209. Superiour Court of Judicature. Records, 1743–3747.
Suits of Commissioners of the Land Bank, Plaintiff, against—
James Burbeen, |
John Vinal and John Vinal, Jr., |
Daniel Field, |
Noah Ashley, |
John Kingsman, |
Solomon Hewes, |
Charles Prescot, |
Robert Hewes, |
Michael Woodcock, |
Joseph Calef, |
George Hewes, |
Samuel Stevens. |
Jeremiah Woodcock, |