p. 1368                                         N



No. 474.

EXTRACT FROM SURROGATE RECORDS, 1810.

FORTEAU,                          
September 10th, 1810.  
      The Court being opened,

      Mr. Joseph Kelson made application to receive a remuneration for the undermentioned property supplied by him to Messrs. Noble, Pinson and Sons in 1803:—
                      16 New Batteaux,
                        1 Ships new anchor,
                    160 Quintals of fish, wet and dry,
                        1 New Batteaux rode or grapnell,
                        1 1-2 hhds. of cod oil,
                      30 French hogsheads in good condition.

      It appeared by letters produced by Mr. Nelson that the said property was given to him by Captain B. W. Taylor, the officers and crew of His Majesty's ship Camilla at the commencement of the present French War, as a reward for his exertions in making the captors of the said property acquainted with hostilities having commenced between Great Britain and France, and assisting in getting its possession.
      The applicant was sworn to the correctness of the before mentioned list of fish, boats, stores, &.c., and also to their having been supplied for the use of Messrs. Noble, Pinson and Sons.
      Mr. Andrew Pinson, on behalf of Messrs. Noble, Pinson and Sons, states that at the time the above property was supplied (1803) he had not arrived in this country, therefore of his own knowledge, can say nothing of the circumstance, but he has been informed that the Articles sued for were conveyed from Port-au-Choix to Lance-au-Loup, at the expence of Noble, Pinson and Sons, Mr. Kelson having employed their vessels, servants, etc., in the middle of the fishing season (August) for that purpose; he therefore submits that the accustomed charges be allowed by the applicant for the services thereof.
      It is therefore decreed with the consent and approbation of the contending parties that Mr. Joseph Kelson shall nominate one respectable person at Forteau, on his part, and Mr. Andrew Pinson another, on the behalf of Noble Pinson and Sons, to ascertain in the first place the value of the property supplied by the said Joseph Kelson to Noble Pinson and Sons, then to specify a fair allowance for the services of their servants, vessels, etc., the balance of accounts to be then made and the difference to be paid.

p. 1369

      Should any difficulty or disagreement arise between the Arbitrators in the business an Umpire is then to be nominated by us for the final adjustment of the same.
THOS. WHITE, J.P.,     
R. HENRY MUDDLE.  



JOHN NICHOLL versus JAMES BELBIN.
September 10th, 1810.   

      The Plaintiff complained that on or about the 21st of October last the Defendant sold to his (Ptfs) servants spirituous liquor, whereby most of them became extremely intoxicated, to the great prejudice of the Plaintiff and caused the detention of a Brig called the Princess Royal for twelve hours at that late season of the year; he therefore prays the Court will, for the sake of example, punish the said James Belbin for the same.
      Francis Le Marquand, Sworn, Deposed that he was supplied with a gallon, or a gallon and a half, of liquor by the Defendant at that time for which he paid him seven shillings per gallon.
      John Keates Sworn. Deposeth that he is winter agent, and master of a voyage in the summer for the Plaintiff, that he was on the Ptfs room at the time above mentioned, and that he observed several of the crew very drunk.
      Witness further deposed that lie having charge of the stores of the Plaintiff, must have known had the crew received liquor from thence, but none was delivered to them from the said stores.
      Nicholas Roberts, Fisherman, Sworn. Deposeth that he was in the Plaintiffs employ at the time mentioned in the complaint and that he, this deponent, observed on the evening previous to the sailing of the Princess Royal, several of the crew drunk, but does not know where they got the liquor. Witness bought a gallon or half a gallon (cannot exactly say which), from the Defendant for which he paid him at the rate of seven shillings per gallon. That the day before the Princess Royal sailed he heard the Plaintiff, who was her Captain say that the people were so drunk as to prevent the vessel sailing that day, and that at the same time the wind was fair.
      Defendant admits that he did sell some liquor to the Plaintiffs men, but he thinks the liquor which occasioned the general drunkness complained of was supplied by some schooners a few days before that time in Forteau Bay and knows that liquor was frequently got from them.
      The charge having been fully proved the Court decrees that the Defendant be tined in the sum of ten pounds to our Sovereign Lord the King with costs of Court, but in consideration of the general good character of the Defendant the Court recommends him to His Excellency the Governor for a reduction of the fine, it not being in the power of the Magistrates to pass sentence for a less sum agreeably to Governor Gambiers Proclamation.

THOS. WHITE, J.P.,           
R. HENRY MUDDLE, J.P. 

[1927lab]

 

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