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SAMUEL SPARROW ~
18TH-CENTURY CAPE BRETON ISLAND
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TRANSCRIBED
DOCUMENTS
1791 Supreme Court Session - Samuel Sparrow vs. John Stairs (S.C. 1791) (1) Debt-Note (2) Praecipe (3) Capias (4) Bail (5) Declaration (6) Rule (7) Note (8) Affidavits (9) Pleas
[51a]
Capias
for Samuel Sparrow Merchand against John Stairs of Halifax Merchant for £
41.10.10 ... Return the 3d. Tuesday of October 1790 ...
S. S. Blowers ...
[51b]
This
is to certify whom it may Concern that at St Georges Grenada the 12
and 14 of January being Saturday and Monday in 1788 was then put up to Public
Action Thirty barrells of Mackril on bbles of Cod fish Mark SS all
putrifyd and not fit for any use by which Means the purchars, who gave but
trifling for them upon Inspectim or over hauling the barrells they throw them in
the Sea for fear of further Consequences in the Town of [Suknigts?] and from
appearances there was nothing but Salt Water put in the Barrells to Save the
Mackrell and Cod fish this I [?pert] upon Oathto be the truth according to my
log Book then Kuptor Harbour Journel to the best of my knowledge --- Tho Wakeham
junr
August 17 23d 1791
a St. Johns Newfd. Land
[Back]
S.t John's Newfoundland Augt 23d 1791
Before me a Justice of the Peace for this District of Newfoundland personally Appeared Thomas Wakeham of St John's Newfoundland Mariner, who made Oath on the Holy Evangelists that everything which is declared and set - forth in the Within Writing Subscribed by him, is just and true in every Particulars
Arch. Buchanan J.P.
41.. 10 - 10
25 15 --
___________
15 15 10
[51b - Another 51b]
... To the Sheriff .... take John Stairs of Halifax in said County Merchant ... issued 4th Oct 1790 ...
[51c]
... at the suit of Samuel Sparrow ... 18th day of April 1791 ...
[[51d]
1790 ... John Stairs of Halifax Merchant was attached to answer Samuel Sparrow Merchant in a plea of trespass ... and whereupon the said Samuel by S.S. Blowers his Attorney complains that whereas the said John on the twenty=fourth day of November in the year of our Lord one thousand Seven hundred and eighty Seven at Halifax in the County of Halifax aforesaid made his certain promissory Note ... promised to pay the Said Samuel Sparrow on his order forty one pounds ten Shillings and ten pence with interest ... John hath hitherto wholly refused ...
Samuel Sparrow above named puts in his place S. S. Blowers his atty against the said John Stairs ...
[Back]
Debt
£ 19: 9: 2
Costs 10: 17: 8
___________
___________
£ 30: 6: 10
[51e]
... 20th of Oct 1790 ...
[51f]
Halifax
Wm
Stairs
Dr to Sam Sparrow
472" Candles -------------------- 8d
£ 15: 14: 11
3 1/m Shingles -------------------
15/
2: 5
___________
17: 19: 11
Cr by a boat and }
2:2 Cask wine
} £ 15
1 cord wood -------
1: 5-
Shix of expt boating --
19:1
17: 4: 1
_______________________________
- 15: 10
____________
37
a 2 hos
Nov 22 to 100 Hhd Hooks --- 31 --- 15 --
30 bbls Mackarel 17/2 - 25: 15
Ball of above acc o ------------------15: 10
Rec
Nov 24 1787 Your note at 2 Nos. Wch --------------------
When paid will be in
full
41: 10: 10
_________________
[Signed] Sam Sparrow
[Back]
41-
10- 10
25- 15
------------
15: 15. 10
3
--------------
47: 7: 6
7: 17: 9
3: 18. 10 z
1: 19. 5
--------------
[... More figures are here]
61: 3: 6 z
6
-----------------
3/67.1
20
--------
14/41
12
---------
4/52
4
-------
408
Debt
15. 15 . 10
Onst 3. 13. 4
--------------
19. 9. 2
[51g]
... Nov 24, 1787 ..... £ 41.10.10
[51h does not exist]
[51i[
... John Kirby of Halifax Merchant maketh Oath that John Stairs of Halifax Merchant is justly indebted to the above named Samuel Sparrow late of halifax aforementioned and now residing in London ... Sworn the 4th of October 1790 in the absence of the Judges before ... [signed] John Kerby
[51i - another 51i]
... We find the Sum of Nineteen pounds Nine Shillings & two pence for the Plaintiff with costs ... Recorded in Open Court this 14 October 1791 ...
[51j]
... John Stairs the said Defendant Maketh Oath that Thomas Wakeham Mariner is a Materil witness for and on Behalf of this Deponant ... that the said Thomas Wakeham ... in the Island of Newfoundland and that he has no [prospects?] of obtaining the Benefit of the Testimony of the said Thomas ...
[51k]
... John Stairs ... says that he did not undertake any promise in manner and form a the said Samuel Sparrow in his Declaration hath alledged ...
[Back]
... filed 13th July 1791 ...
[Source: Public Archives of Nova Scotia, R.G. 39 "C" [Hx], Volume 64, # 51, 4 October 1790]
COMMENTS
In 1788, John had apparently shipped thirty barrels of mackerel and one barrel of cod fish to Grenada, which had arrived in a putrefied state. According to testimony received three years later, “from appearances there was nothing but salt water put in the barrels to save the mackerel and codfish.” ... Most of the judgements for or against Stairs were for twenty or thirty pounds sterling; the only larger one was in an action he brought against several prominent men, including Henry Newton, Jonathan Binney, James Kavanaugh, Robert Myers and Thomas Pye, in October 1790, in which he was awarded £240 and costs of £12-18-2, but which was later set aside when they alleged that John “had collaborated with certain persons unknown to the defendants in order to charge them with trespass.” ... The judgements against John seem to increase as time went on with the last one being 29 December 1791, when Samuel Sparrow obtained another judgement for £19-9-2 with costs of £10-17-8. This was one day after John sold his waterfront property to the mortgagee, Edward Pryor, for £130. 15 - http://www.cnrs-scrn.org/northern_mariner/vol22/tnm_22_283-308.pdf - James D. Frost, The Stairs Fleet of Halifax: 1788-1926.