transmarinis and the Deft, in Error was so sensible of the objection that he mov'd the Court of Common Pleas to amend by striking out the words in partibus transmarinis, which put an End to the Cause. And I don't know of any other Judgem', But as to Recoveries How can a writ of seisin be awarded or return'd for the sheriff cannot give seisin of lands out of his Bailiwick.

N: Fazakerley* 21: May. 1754.

[Judgment, Buswell v. Ordway, June 5, 1754.]

}

[Masonian Papers, Vol. 2, p. 9.]

Province of At his Majestys Superior Court of Judicature New Hampshire held at Portsmouth within and for his Majesty's Province of Newhampshire on the second tuesday in March by adjournment from & next ensuing the first tuesday in February immediately preceeding, in twenty seventh year of the reign of his Majesty King George the second Annoque Domini 1754

Present

The honorable Meshech Weare

George Mitchel Esq Justices
Joseph Simpson

William Buswell the third of Kingstown within the Province of Newhampshire husbandman Appellant against James Ordway of Newbury in the County of Essex in the Province of the Massachusetts Bay Yeoman Appellee From the judgment of the Inferior court of common pleas held at Portsmouth in & for the province of Newhampshire on the first thursday next following the first tuesday in June 1751 In an action of trespass commenced and prosecuted by the said William Buswell against the said James Ordway at said Inferior court of common pleas In the following words namely In an action of trespass for that the defendant on or about the twenty ninth day of March last with force & arms entered into & upon a certain close of the Plaintiff in his possession containing by estimation four acres of land situate within the bounds of a certain tract of land equal to six miles square lying & being within our said Province of Newhampshire but not within any town parish or vill granted by the proprietors of the right of John Tufton Mason Esq' to Ebenezer

*Nicholas Fazakerley was a noted lawyer of London, a specialist in conveyancing and the transfer of real property, also in constitutional law. He was elected a member of parliament for Preston in January, 1732, and retained his seat as long as he lived. He died at his house in Grosvenor Street, London, in February, 1767.

Stevens Esq' deed & others said close being the lot numbered twenty one bounded easterly by Merrimack River southerly by a lot of land of Joseph Clifford westerly by land left for an high way and Northerly by a lot of land of Samuel Bean as may at large appear by the records of the said Proprietors and then & there in manner aforesaid did cut down & destroy six trees of the Plaintiffs then and there standing and growing of the value of ten shillings each tree and other enormities the defendant then & there did against our peace and to the damage of the said William as he says the sum of five pounds-At which said Inferior court of common pleas Judgment was rendered that the defendant recover against the Plaintiff cost of court-From which judgment of said Inferior Court of Common pleas the said William Buswell appealed to the then next Superior Court of Judicature when & where the appeal was entered but continued from term to term to this term when the parties being fully heard by their Counsel learned in the law the case was committed to the jury sworn according to law to try the issue who made return of their verdict thereon upon oath & say The Jury find for the Appellant five shillings damage and costs of courts-It is therefore considered that the former judgment be and hereby is reversed and that the said William Buswell recover against the said James Ordway five shillings new tenor bills of credit damage and costs of courts taxed at the sum of twenty three pounds eleven shillings six pence like bills of credit.

Execution issued June 5th 1754-August 1754 Retd not satisfied Alias issued May 1st 1755-Returned not satisfied August 1755 Copy of Record examined by

Nath' Adams Clerk

Letter, Theodore Atkinson to John Thomlinson, Jan. 27, 1758, State Papers, Vol. 18, p. 469.

[Mortgage, Clements to McHard, Sept. 22, 1758.]

[Masonian Papers, Vol. 2, p. 14.]

Know all Men by these Presents, That I Timothy Clements of Haverhill in the County of Essex in y° Prove of the Massachusets Bay in New England Yeoman For and in Consideration of the Sum of three Hundred Pounds New Ten' Bills of the Prove of New Hampsh' To me in Hand before the Delivery hereof well and truly

paid by James McHard of Haverhill aforesd Esq'-the Receipt whereof I do hereby acknowledge. HAVE given granted bargained and sold, and by these Presents DO give grant bargain sell alien enfeoff convey and confirm unto the said James McHard his Heirs and Assigns forever all that my moiety or one half Part of that Tract of Land Lying in the Province of New Hamp' afores containing twenty five Hundred & Seventy Six Acres more or less which we the S James McHard & Timothy Clements purchasd of John Moffatt Daniel Peirce & George Jaffrey Esq's a Committee of the Proprietors of Mason's Patent by Deed bearing equal Date with these Presents & fild on record on this 22d of Sep 1758.-To Have and to Hold, the said Granted Premises with all the Privileges and Appurtenances to the same appertaining to him the said James McHard his Heirs and Assigns to his & their only proper Use and Benefit forever. And I the said Timothy Clements For my Self my Heirs Executors and Administrators do hereby Covenant Grant and Agree to and with the said James McHard his Heirs and Assigns, that until the Delivery hereof I am the lawful Owner of the said Premises & am lawfully seized and possessed thereof in my own Right in Fee Simple, and have full Power and lawful Authority to grant and convey the same in Manner aforesaid: That the said Premises are free and Clear of all and every Incumbrance whatsoever. And that I my Heirs Executors and Administrators shall and will Warrant the same to him the Said James McHard his Heirs and Assigns against the lawful Claims and Demands of any Person or Persons whomsoever. Provided Nevertheless & these Presents are upon this Condition any Thing herein containd to ye contrary thereof Notwithstanding That whereas the Sd James McHard & my Self are this Day become jointly & Severally bound unto George Jaffrey of Portsm° in ye Prov of New Hamp' afores Esq' for ye Payment of the Sum of two Hundred & Eighty Seven Pounds ten Shill New Tenor Money of the Prove of New Hampsh' afores" for y use of the S Prop's of Mason's Patent which is the Proper Debt of me the Sa Timothy Now if I my Heirs Exec's or Admst's or any of us shall well & truly pay or cause to be paid unto ye Sa George Jaffrey the aforementioned Sum of two Hundred & Eighty Seven Pounds ten Shills New Ten' according to ye Tenor true Intent & Meaning of Said Bond or otherwise entirely indemnify & Save Harmless the sd James McHard from all Costs & Damage that may ensue in Consequence of his being bound with & for me in Manner afores then ye foregoing Deed of Mortgage & every Clause thereof, to be utterly void & of none Effect but if otherwise then to remain in full Force & Virtue In Witness whereof I hereunto Set my Hand

& Seal this twenty Second Day of September Seventeen Hundred &

fifty Eight

Signed Sealed & Deliver'd

in Presence of

Thomas Peirce Jun'

D Peirce

Timothy Clements [seal]

Prove of New Hampshr 224 Sep' 1758

Then Timothy Clements Acknowledged this Instrument by him

KNOW ALL MEN by these Presents That I the within named James Mcherd do for & in Consideration of five Shillings to me in hand paid by John Moffatt Daniel Peirce & George Jaffrey all of Portsm in the Province of New Hampshire Esq' the Receipt whereof is hereby acknowledged Do give grant Assign Set over Transfer & Convey by these Presents unto them the said John Daniel & George in trust for the use of the Proprietors of Masons Patent all my right Title Interest Claim property and Demand in & unto the within Mortgaged Lands and all right & Demand which I have or Ought to have by any ways & means whatsoever to the within written Mortgage and all advantages that does or may arise thereby TO HAVE AND TO HOLD to them the said John Daniel & George in trust & for the use aforesaid their heirs Exec's Admins & assign forever In Witness whereof I have hereunto Set my hand & Seal the 13th Day of Nov 1766

Witnesses Wm Parker

George Libbey

James McHard

[seal]

Nov 13th 1766 then James Mcherd Esq' personNew Hampshire ally appearing acknowledged the above written Assignment to be his free Act & Deed before me

William Parker Just. Pacis

Letter, Theodore Atkinson to John Thomlinson, May 13, 1763,

State Papers, Vol. 18, p. 550.

Letter, Theodore Atkinson to John Thomlinson, 1763, State Papers, Vol. 18, p. 551.

[Deed, McHard to Proprietors, Aug. 13, 1766.]

[Masonian Papers, Vol. 2, p. 25.]

KNOW all Men by these Presents That I James Mchard of Haverhill in the County of Essex and Province of the Massachusetts Bay Esq for a Certain Tract of Land granted to me and For and in Consideration of the Sum of five Shillings Lawful Money to me in Hand paid before the Delivery hereof, by John Moffatt Daniel Peirce and George Jaffrey all of Portsmouth in the Province of New Hampshire Esq' a Comtee of the Proprietors of the Lands Purchased of John Tufton Mason Esq' the Receipt whereof I do hereby acknowledge, have given granted bargained and Sold, and by these Presents do give, grant, bargain sell, aliene, convey and confirm to them the said John Daniel & George their Heirs and Assigns, in trust & for the use of Said Proprietors all my right Title Interest Claim & Demand which I have or Ought to have of in & unto all that Tract of Land which the said Committee by their Deed Dated the twenty-Second day of Septemb Anno Domini One thousand Seven hundred & fifty Eight granted & Conveyd unto me and One Timothy Clements duly Executed & Recorded as may at large. appear by Reference thereto To have and to Hold, the said granted Premises, with the Appurtenances thereof, to them the Said John Moffatt Daniel Peirce & George Jaffrey their Heirs and Assigns, to the proper Use, Benefit and Behoof for ever; of the Said Proprietors their Successors & Assigns forever

In Witness whereof I have hereunto set my Hand and Seal this 13th Day of August in the Sixth Year of His Majesty's Reign. Anno Domini 1766

William Parker Just Pacis

New Hampshire Mchard Personally appearing acknowledged this Instrument to be his free Act & Deed before me