ERIC KRAUSE

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The Jost House, 54 Charlotte Street, Sydney, Nova Scotia

SAMUEL SPARROW ~ 
18TH-CENTURY CAPE BRETON ISLAND 

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TRANSCRIBED DOCUMENTS 
 

1788 Supreme Court Session - John Hockenhull vs. Samuel Sparrow (S.C. 1788) (1) Debt-Note (2) Praecipe (3) Capias (4) Bail (5) Declaration (6) Warrant of Attorney (7) Rule (8) Pien (9) Affidavit (10) Venire (11) Praecipe (12) Subpoena (13) Verdict

[50a]

... Halifax is Capias for John Hockenhull administrator of Robert Haywood late of Halifax declared against Samuel Sparrow of Halifax in Said County ... 181.8.1 Damage 300 ... 2nd Tuesday July 1788 ...

[50b] ... We Command that you take Samuel Sparrow of Halifax in the County of Halifax Esquire ... before us in our Supreme Court at Halifax on the Second Tuesday of July next ... this fiftenth Day of april in the 28th Year of our Reign ... 1788 ...Issued 13th May 1788 ...

[50c]

... 1788 ... Samuel Sparrow is delivered to Bail on arrest ... 16 day 1788 in open Court ...

[50d]

 ... Supreme Court Trinity Term 1788 ... John Hockenhull Administrator of all and Singular the Goods and Chattels, Rights and Credits which were of Robert Heywood late of Halifax in the County of Halifax Gentleman deceased complains of Samuel Sparrow of Halifax in the County of Halifax Esquire in Custody of the Sherriff of said County ... to wit that whereas the said Samuel Sparrow on the fourtheenth day of September in the year of our Lord One thousand, Seven hundred and eighty Six at Halifax ... made a certain note in Writing commonly called a promissory note his own Hand being thereunto Subscribed bearing Date the same Day and year by which said note the Said Samuel Sparrow promised to pay to one Thomas Medcalf by the Name of Mr T Medcalf on Order on demand the Sum of One hundred and eighty One # pounds eight Shillings and One Penny for Value # received. And the same Thomas Medcalf afterwards to wit the Same Day and year last aforesaid in the life time of the Aforesaid Robert Heywood (the one hundred and eighty one Pounds, eight Shillings & one penny in the said note mentioned, or any part thereof not being paid by a certain Indorsement upon the Note aforesaid ... Samuel Sparrow had Notice of the aforesaid Indorsement ... Nevertheless the said Samuel Sparrow hath not paid Said Sum of Money ... and yet refuses to the Damages of the said John Hockenhull of three hundred Pounds ...

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... Sir ... Take Notice that this Declaration is filed conditionally till Special Bail is put in and perfected that unless you appear to plead Hereto in four Days from the Date here of Judgement by Default will be entered against you ...

                                          Dt     181,,    8,,   1
                                          Costs    12,, 14,, 10
                                                    ------------------
                                                   194:    2:  11 ...

[50e] 

Supreme Court ... Samuel Sparrow puts in his place S S Blowers his Attorney against John Hockenhull ... in a plea of trespass on the case ... 

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... filed 11th July 1788

[50f]

... by the Court 8th: July 1788 ...

[50g]

... By the Court 15th Oct 1788 ...

[50h]

... And the said Samuel Sparrow by S. S. Blowers his Attorney comes and defend the wrong and injury when to and says he did not promise the said Robert Haywood in his life time in manner and form as the said John Hockenhull his Administrator above there of complains agst him of kno he puts himself ou[t?] the Countyr ... S. S. Blowers ...

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... filed 17th Oct 88 ...

[50i] 

... John Hockenhull ... Sworn this 13th May AD 1788 ...

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... filed 13th May 1788 ...

[50j] 

... To the Sheriff of the County of Halifax ... we Command you, that you, cause to come before us at Halifax on Monday the Eighteenth day of October instant twelve free and Lawful men ... Jury ... issued 16th Oct 1790 ... 

[50k]

... Supena for James Moody and John [Proad?] to Testify on behalf of John Hockenhull ... issued 18 Oct 1790 ...

[50l]

... To James Moody Merchant, John Twaddle yoeman Greeting: We command you ... on Monday the Eighteenth Day of October instant ... to testify ... issued 18 Oct 1790 ...

[50m]

Nova Scotia Halifax Ls } Supreme Court ... 1790 ... Gentlemen ... Your issue is to try whether the defendant undertook and promised in manner & form as the plt hath  declared ... Recorded in Open Court 18 oct. 1790 ... 

[Source: Public Archives of Nova Scotia, R.G. 39 "C" [Hx], Volume 52, # 50]

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