USA > Maine > York County > Province and court records of Maine > Part 27
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The following Vote passed both Houses
Ordered that the Court of Gen'll Sessions of the Peace for the County of York stop all proceedings till further Order of this Court against Stephen Minot Esq'r, Joseph Heath Esq'r and Cpt. Thomas Sanders who were bound by Recognizance to attend as Witnesses the Tryal of Rich'd Jaques, they being unavoidably obstructed from giving their attendance, as they have Sett forth in their Memorials
Consented to Wm Dummer
Copy Examined per J. Willard Sec'ry
[Also in this packet:
Writs of scire facias against Stephen Minot, Esq., Captain Thomas Sanders, and Joseph Heath, Esq. Minot is "of Boston," Sanders "of Gloucester" and Heath "of Richmond in our County of York."
There is also a copy of the record of a hearing of Jaques's case on 9 August 1726, before John Wheelwright, Joseph Hammond, and Samuel Moody, Esquires, Justices of the Peace. They ordered the case removed to the October court, and took Jaques's bond in the amount of one hundred pounds for his appearance. Sureties were Thomas West- brook, Esq., and Mr. Edmund Mountfort. Bond was also taken then from Minot, Heath and Sanders for their appearance. It was their inability to be present that lead to the proceedings shown herein.]
James Tyler Appeared at this Court to Answer the Presentm'ts of the Grand Inquest Exhibited against him for Selling of drink. It is not Ap- pearing to this Court that the Sd Tyler Sold any Contrary to Law. Its Considered by the Court that he be Acquitted Paying fees of Court 7s.
Tabitha Murch of York Appeared to this Court to Answer a Pre- sentment of the Grand Inquest Exhibited Against her for fornication She owning the fact Saith that Will'm Murch who is now her husband is the father of Said Child-the Said Will'm Murch also Appearing owned the fact-Its Considered by the Court that the Said William Murch and Tabitha Murch Receive Seven Stripes Each on their Naked Back at the Post and Pay fees of Court 12s. or that they Pay a fine of 30s Each to the King and fees as afors'd and Stands Committed till Sentence performed.
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COURT OF GENERAL SESSIONS, 3 JANUARY 1726/7
Margaret Tucker Being Bound over to this Court per Recognizance Nicholas Dun and Wm. Tucker her Sureties aleadging that She is not able to attend at this Court & they Entring into Bonds for he[r] appear- ance at the Next Sessions of the Peace to be holden at york for Sd County. Mem'dm the Said William Tucker and Nicholas Dun Acknowl- edge themselves to be holden and Stand firmly Bound and obliged unto our Sovereign Lord the King his Heirs or Success'rs Joyntly & Severally in the Penall Sum of five Pounds Current Money of New England that the said Margaret Tucker Shall Personally appear at the Next Court of Generall Sessions of the Peace to be holden at york for Sd County to answer to what Shall be aleadged Against her on his Maj'ts Behalf for he[r] being Guilty of the act of fornication & to abide the order of Court thereon .-
Taken in Court attest CHARLES FROST Cler.
[7:118]
Andrew Westcoat Being Bound over to this Court By Recognizance for Being the Reputed father of a Bastard Child Begotten on the Body of Margaret Tucker She Being not yet delivered, Its Considered by the Court that the said Andrew Westcoat Give Bonds with Sufficient Sureties to the Value of Sixty Pounds for his appearance at the Next Court of Generall Sessions of the Peace to be holden at york for Sd County on the first Tuesday of Aprill Next to Answer to the Premisses. Mem'dm the Sd. Andrew Westcoat Principall Nathaniel Kene and George Fenix Both of Kittery in Sd County Husbandmen Sureties Ac- knowledge them Selves to be holden and Stand firmly Bound and Obliged unto our Sovereign Lord the King his Heirs or Success'rs in the Penall Sum of Sixty Pounds Current Money of New Engl'd. The Condi- tion of this Recognizance is Such that if the Above Bounden Andrew Westcoat Shall Personally Appear Before the Justices of his Maj'ts Court of Generall Sessions of the Peace to be holden at york for Said County of the first Tuesday of Aprill Next then and there in Sd Court to Answer to his Being Accused of Being the father of a Bastard Child Begotten on the Body of Margaret Tucker and Shall Stand and Abide the Sentence of the Said Court theron and not Report without Licence then this Recogniz'ns to be Void or Else Shall Stand in full force Strength and Virtue
Taken in Court attests CHARLES FROST Cler
Aaron Tibbets of Kittery in sd County of York Cooper Being Bound
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PROVINCE AND COURT RECORDS OF MAINE
over to this Court by Joseph Hamond Esq'r one of his Maj'ts Justices of the Peace for Sd County for being Accused of Being the father of a Bastard Child Begotten on the Body of Penelope Richardson of Sd Kittery Singlewoman of which She is not yet delivered Its Considered by the Court that the Said Aaron Tibbets Give Bonds with Sufficient Sureties to the Value of Sixty Pounds for his Personall Appearance at the Next Court of Generall Sessions of the Peace to be holden at york for Said County to Answer to the sd Accusation. Mem'dm the Said Aaron Tibbets, Principall, Nicholas Morrall & Joseph Hill of Sd Kittery Yeomen Sureties, Acknowledge themselves to be holden and Stand firmly Bound and Obliged Joyntly and Severally unto our [7:119] Sovereign Lord the King for the Penall Sum of Sixty Pounds to be paid unto him his Heirs or Success'rs the Condition of this Recogni- zance is Such that if the above Bounden Aaron Tibbets Shall Personally Appear before the Justices of our Lord the King at the Next Court of Generall Sessions of the Peace to be holden at York for Sd County to Answer to his being Accused of Being the father of a Bastard Child Begotten on the Body of Penelope Richardson, and Shall Stand and abide the order and Sentence of the Said Court thereon And not depart without Licence then the above Recognizance to be Void or Else to Remain in full force Strength and Virtue.
Taken in Court Attests CHARLES FROST Cler.
Penelope Richardson of Kittery in our Sd. County of york Single woman being Bound over to this Court by Joseph Hammond Esq'r one of his Maj's Justices of the Peace for Said County for Being with Child with a Bastard Child of which She is not yet delivered She Accuseing Aaron Tibbets of Sd Kittery to be the father of the sd Child. Its Con- sidered by the Court that She give Bond with Sufficient Sureties to the value of ten Pounds for her Personall Appierance at the Next Sessions of the Peace to be holden at york for Sd. County. Mem'dm Penelope Richardson, Principall, and David Sawyer & James Staple Both of s'd Kittery Sureties Acknowledge themselves to be holden and Stand firmly Bound and Obliged unto our Sovereign Lord the King Joyntly and Severally in the Penall Sum of Ten Pounds to be Paid to him his Heirs or Success'rs with Condition that the Said Penelope Richardson Shall Personally Appear at the Next Court of Generall Sessions of the Peace to be holden at york for Said County to answer to the Premisses
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COURT OF GENERAL SESSIONS, 3 JANUARY 1726/7
and to Abide the order and Sentence of the Said Court thereon, and not to depart without Licence.
Taken in Court attests CHARLES FROST Cler
Ordered that fourteen Shillings be paid out of the County Treasury to Mr. Daniel Simpson to Pay the Jury & Constable who Served at the Last Court of Assize in Sd County of the Tryall of Joseph Quasan an Indian.
[7:120]
Nathan Knight of Scarborough in Sd County Appearing to this Court to answer his Presentment for Selling of Drink It Appearing to this Court that he had a Licence from this Court to Sell Drink. Its therefore Considered by the Court that he be Acquitted without Paying any fees.
Thomas Millet of Falmouth in Sd County of york Appearing to an- swer a Presentment Exhibited against him by the Grand Inquest for Selling drink. It not being made Appear to this Court that he Sold any Contrary to Law, Its therefore Considered by the Court that he be Ac- quitted Paying Costs 21s6.
Richard Babson of Falmouth in Sd County Appeared to answer Presentm'ts for Selling drink. Its Considered that he be dismisst.
Thomas Butler Jun'r of Berwick in our Sd County of York Husband- man & Joseph Pray and Josiah Goodridge of Sd Berwick Husbandmen, Appeared to this Court to Answer to a writ of Scire facias brought by the Overseers of the Poor of the Town of Berwick to Shew Reason if any they had why Execution or warrant of Distress Should not Go out against them for the forfeiture of their Recognizance of Sixty Pounds due to the Sd Overseers for the Maintainance of a Bastard Child Be- gotten on the Body of Eliz'a Goodin [Goodwin] as per the Process. Its appearing to this Court that the Sd Thomas Butler had Paid and ten- dered the Payment of More Money than was at that time Due by the Recognizance-Its therefore Considered by the Court that the Sd Thomas Buttler, Jos: Pray and Josiah Goodridge Recover against John Cooper, Roger Plaisted, Benj'a Libby, Richard Lord and Daniel Emery the afors'd overseers of the Poor of the Town of Berwick Cost of Court Taxed at Two Pounds Eleven Shillings.
Mr. James Chadbourn of Kittery in our said County of York Gent'm was appointed Comiss'r of Excise for Sd. County and gave Bonds and was Sworn to the faithfull discharge of his Truth According to the di- rections of the Law. -
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PROVINCE AND COURT RECORDS OF MAINE
[7:121]
Whereas Michael Micom [Malcolm?] of Georgetown in the Said County of York was Apprehended by warr't from the Clerk to appear at this Court to Answer a Presentment of the Grand Inquest Exhibited against him for Breach of the Peace and Breach of the Sabbath as per the Deputy Sherrifs Return on file appears He Not makeing his Appear- ance but Sending a Letter Desiring that the hearing thereof may be Referred to the Next Term, Its Considered by the Court that his Bonds be Declared forfeited Unless he Appear at the Next Court of Generall Sessions of the Peace to be holden at york for Sd County in April Next to Answer his Sd Presentment.
John Elden of Biddiford in Sd County of York Appeared in Court and owned himself guilty of the Act of fornication, with Martha Knight now Reputed to be his wife. Its Considered by the Court that he Receive Seven Stripes on his Naked Back at the Post and Pay fees of Court 5s, or that he Pay a fine to the King of thirty Shillings & fees as afores'd & Stand Committed till Sentence performed. The Said John Elden Aleadg- ing that his wife is not well & cannot come to Court Its Considered by the Court that the Sd Martha Eldin be Heard before Samuell Moodey and John Gray Esq'rs and that they Make Report of their doings there- in at the Next Sessions, and that the Sd John Eldin Satisfie them for their Trouble.
Ordered that a writ of Scire facias Issue out of the Clerks office to summon Daniel Grant, John Morrall Son of Nicho's Morrall, and John Goodin to Appear at the Next Court of Generall Sessions of the Peace to be holden at york for sd County to Shew Cause if any they have why An Execut'n or Warr't of Distress Should not be had against for the forfeiture of their Bond for the Said Daniel Grants Appearance at July Court Last.
[Apparently added later:]
And also to Simon John Bradstreet & Daniel Rice to give Evidence of what they know Relateing to the premisses.
[7:122]
Pursuant to a Vote of the Generall Court75 Allowing this Court Liberty to Grant Licence to Thomas Perkins of Arrundell in sd County of York to keep a Publick house of Entertainment, It is Considered by
75 11 Acts and Resolves (Resolves, etc., 1726-1734), ch. 250, 94-95. Passed 19 Dec. 1726.
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COURT OF GENERAL SESSIONS, 3 JANUARY 1726/7
the Court that the Sd Thomas Perkins have liberty to keep a Publick house of Entertainment in Arrundell afos'd till July Next he giving Bonds as the Law Directs.
[Y. F. 1725-1726. No. 5]
[A large double sheet, on which the following is formally and carefully written:]
To the Hon'ble William Dummer Esq'r Lieut. Gover'r & Commander in Chief in & over his Majestys Province of the Massachusetts Bay, to the Hon'ble the Council of his Majestys sd Province & House of Represent'ves in Gen'll Court Assembled at Boston Nov's 23'd 1726.
The Petition of Tho's Perkins of Arundel in the County of York Humbly Sheweth, that whereas there was no person appeared at the Court of Gen'll Sessions of the peace held at York for the County, on the first Tuesday of July last to be a Taverner in said Town, & then having been Complaint made to the Selectmen of sd Town for want of a Tavern to be kept in the Middle of the Town, & the Petitioner being prevailed upon to keep a Tavern there, considering how much it might serve the publick Interest thereof, he presented the Approbation of the Selectmen to the Justices of the sd County of York at their Sessions held in October Last in Order for their Granting him a Licence, to keep Tavern as aforesaid, but so it was that the Justices, altho' they were willing that the Petitioner Should be Allowed to keep a Tavern, yet the Law wou'd not permit them to Grant him a Licence & take his Recognizance accordingly, for that it shou'd have been done at their Session in July aforesd so that the Town will suffer, if they cannot be Allowed & impowered if they see Cause to Grant a Licence to him to be a Taverner in Arundel aforesaid for the Rem[aining] part of the year, the time by Law [having] Elapsed for Granting Licences this present year notwithstanding; And your pet'r as in Duty bound shall ever Pray Sc
Thomas Perkins
[Reverse:]
In the House of Represent'ves Dec'r 17th, 1726 Read and Ordered That the Prayer of the Petition be granted and it shall be lawfull for the Justices of the peace for the County of York at their next Court of Gen'll Sessions of the Peace, & they are hereby im- powered & Directed accordingly, to Grant a Licence to the Petitioner to be a Taverner in the Town of Arundel (if they see Cause) the Time by Law appointed for Granting Licences the present year being Elapsed notwithstanding
Sent up for Concurrence Wm Dudley Sp'r
In Council Decem'r 19th 1726 Read and Concur'd
J Willard Secry
Consented to
Wm Dummer
Copy Examined per J. Willard Sec'ry
[On a separate sheet:] John Wheelwright Jos. Hammond
Thomas Perkins [Seal] Benj'a Stove [Seal] Jonathan Sherman [Seal]
The Presentments made by the Grand Inquest to this Court are as follows vizt.
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PROVINCE AND COURT RECORDS OF MAINE
Walter Murch of York for being drunk and Profane Swearing by the Information of Edward Beal & James Hall.
Moses Downer and his wife of Wells for not attending the Publick worship of God
Elihu Gunnison of Kittery for Selling Strong drink by Retail
Thomas Hearl for not attending the Publick worship of God
Thomas Everet of Berwick for Profane Swearing
Thomas Gubtail, Joseph allen, Thomas Holmes Sen'r all of Berwick for not attending the Publick worship of God
Elizabeth Lord of Berwick for fornication
Agness Libby of Berwick for fornication.
ARTHUR BRAGDON foreman
ANNO REGNI REGIS GEORGII DECIMO TERTIO
At a Court of Generall Sessions of the Peace holden at York within and for the County of York April 4th, 1727.76
The Grand Inquest are as followes vizt
Arthur Bragdon Jun'r foreman
James Sampson
John Lord
Joshua Remick
Sam'll Harmon
Elisha Andros
Sam'll Fernald
James Littlefield
Nathan'll Rains Jun'r
James Fly
Abra'm Townsend
John Sedgly
Nathan'll Jordan
Thomas Perkins
Simon Emery
William More
The Grand Inquest for the year Ensuing are as follows vizt
Nicho's Cole foreman
Sam'll Libby
Gersham Maxfield
Tho's Haskell
[name crossed out]
[name crossed out]
Allison Brown
Moses Hodsdon
John Gelding
Nathan Rains
[name crossed out]
Matthew Libby Jun'r
Joseph Plaisted
Thomas Penny
David Clark
Samuell Simpson
Elias Weare
[7:123]
Margaret Tucker being Bound over to this Court by Recognizance for being with Child with a Bastard Child She appearing owned the fact and Made Oath that Andrew Westcoat of Kittery in Sd County of York house Carpenter was the father of the Said Child. Its Considered by the Court that She Receive Seven Stripes on her Naked Back at the Post and Pay fees of Court 23s6. Or that She Pay a fine to the King of 40s & fees as aforsaid and Stands Comitted till Sentence Performed.
76 The clerk neglected to list the members of the Court by name.
247
COURT OF GENERAL SESSIONS, 4 APRIL 1727
Andrew Westcoat of Kittery being Bound over to this Court by Recognizance for that he was accused of Being the father of a Bastard Child Begotten on the Body of Margaret Tucker of the aforesaid Kittery Singlewoman he Appearing & being asked by the Court whether he was Guilty or not Guilty he Refused to Plead, She makeing oath face to face in Court that the Said Andrew Westcoat is the father of the Sd Child. Its therefore Considered by the Court that he Pay two Shillings and Six Pence per week to the Said Margaret Tucker for the maintainance of the Said Child from the Birth of it dureing this Courts Pleasure and Give Sufficient Bonds with Sureties to the Value of Sixty Pounds to the overseers of the Poor of the Town of Kittery & their Success'rs for the Performance of the Same and for to Save the Town Harmless from the Maintainance of the Sd Child & Stands Committed till Sentence per- formed. Memor'dm Andrew Westcoat of Kittery in the Sd County of York House Carpenter Principall and William Card of York in Sd County and Waitstill Webber of Sd York Sureties Acknowledge them- selves to be Holden and Stand Bound and obliged Joyntly and Severally unto the Selectmen or Overseers of the Poor of the Town of Kittery [& their Successors lined out] in the Penall Sum of Sixty Pounds to be Paid to them or their Successors in Sd office. The Condition of this Recogni- zance is Such that if the above Bounden Andrew Westcoat Shall ob- serve and Comply with the abovesaid order of Court and keep the Town of Kittery free from any Charge for Said Childs maintainance then the above Recogniz'es to be Void otherwise to be in full force Strength and Virtue.
Taken in Court Attest CHARLES FROST Cler
[Y. F. 1727, No. 1]
[1.] The testemoney of Catren Waymouth aged Sixty too years or thar about Says that See [sic] did the ofis of midwife for margred tuckar the second day of January last in Keetre [Kittery] and had a son and sayd in pressens of god it was andrew Wescots of keetre and no mans Els to the truth of the above writn i dos atest upon outh witnes by hand
[signed:] Kathrine Waymouth
Posm'o Aprell the 3 [31?] 1727 Mrs Katren Waymouth Came before me and atested to the truth of the above writn
Samuell Winkley Jus: peas [The body of the above written by Winkley]
[2. Apparently in Margaret Tucker's hand throughout:]
To the Honar'ble Justices of the Sessions of the peace for the County of York, Now assembled in sd York:
May it Please Your honors, that whereas I am presented to this Honourable Court, for
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PROVINCE AND COURT RECORDS OF MAINE
being brought abed with an Illigitament [sic] Child, which I humbly confess and acknowledg to be a sin contrary both to the Law of God and man; for which Error I beg forgiveness, and Would humble Intreat of Your honors being now in a poor and Dis- tressed Condition, that you would please to be as favourable to me as Consists with your honors wisdom leaving the Same to your Judgment, and humble pray your Honors compassion which will oblige Your Honors humble
Petitioner and obedient Serv:t Margret Tucker
York 5th April 1727]
Ordered that the Sum of thirty four Pounds nine Shillings be Paid out of the County Treasury to Jeremiah Moulton Esq'r Sherriff of Sd County in full Satisfaction of His Sheriffs Acc't as per the sd acco't on file appears.
[7:124]
Penelope Richardson Being Bound over to this Court as per Recog- nizance for being guilty of the act of fornication and having a Bastard Child She owning the fact & made Oath in Court that Aaron Tibbets is the father of Sd Child, Its Considered by the Court that She Receive Seven Stripes on her Naked Back at the Post and Pay fees of Court 23s6, or that She Pay a fine to the King of 40s & fees as afors'd & Stands Committed till Sentence performed.
Aaron Tibbits being Bound over to this Court as per Recogniz'ce for that he is accused of being the father of a Bastard Child Begotten on the Body of Penelope Richardson, he Appearing and Being asked by the Court whether he was Guilty or not Guilty he Refused to Plead, the Said Penelope Richardson makeing oath in Court face to face that Sd Tibbets is the father of Said Child. Its Considered by the Court that the Said Aaron Tibbets Pay to the Said Penelope Richardson Two Shillings and Six pence per week for the maintainance of the Said Child from the Birth of it Dureing this Courts Pleasure-And Give Bonds with Sufficient Sureties to the Value of Sixty Pounds to the overseers of the Poor of the Town of Kittery for the performance of the Same & to Save the Town of Kittery Harmless from the Said Child & pay fees of Court 20s6 & Stands Committed till Sentence Performed. Mem'dm the Said Aaron Tibbets of Kittery in Said County of York Cooper, Principall, Nicho's Morrall and William Fry Both of Sd Kittery Sureties, Acknowl- edge themselves to be holden and Stand firmly Bound and Obliged Joyntly and Severally to the Overseers of the Poor of the Town of Kit- tery in the Penall Sum of Sixty Pounds Current Money of New England to be Paid to them or their Successors in Sd office of overseers of the
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COURT OF GENERAL SESSIONS, 4 APRIL 1727
Poor of Sd Town, or assigns. The Condition of this Recogniz'ce is Such that if the above Bounden Aaron Tibbets Shall Observe and Comply with the above Said Order of Court and Keep the Town of Kittery free from Any Charge for the Maintainance of Said Child Then the above Recognizance to be Void or Else to Stand in full force Strength and Virtue.
Taken in Court Attest CHARLES FROST Cler.
Mr. Daniel Simpson of York in Sd County Gen't Chosen County Treasurer and Sworn in Court.
[7:125]
Daniel Carr of Salisbury Appeared at this Court to Answer his being accused of Being the father of a Bastard Child Begotten on the Body of Hannah Winch of York in Sd County of York he being asked by the Court whether he was Guilty or not Guilty he Refused to Plead She makeing Oath in Court face to face that he the Said Daniel Carr is the father of the Said Child, also Ruth Sellers Made Oath in Court that the Sd Hannah Winch did accuse the Said Daniel Carr in the Time of her Travil of Being the father of Said Child. Its therefore Considered by the Court that the Sd Daniel Carr Pay to the Sd Hannah Winch Two Shillings and Six pence per week towards the Maintainance of Sd Child from the Birth of it Dureing this Courts Pleasure and fees of Court 43s6d & Give Bonds with Sufficient Sureties to the value of Sixty Pounds to the overseers of the Poor of the Town of York for the Per- formance thereof and to Save the Town of York harmless as to the Maintainance of Sd Child And Stands Committed untill Sentence per- formed.
James Oliver Being Bound over to this Court by Joseph Hammond Esq'r one of his Maj's Justices of the Peace for Sd County for that he is accused of Being the father of a Bastard Child Begotten on the Body of Mary Breeden, of which She is not yett delivered. Its Considered by the Court that he give Bonds with Sufficient Suretys to the Value of Sixty Pounds for his appearance at the Next Court of Generall Sessions of the Peace to beholden at York in July Next to Answer the Afors'd Accusation. Mem'dm The Said James Olliver Principall, Robert Olliver of York & Bryant Breden of Kittery Sureties acknowledge them- selves to be holden and Stand firmly Bound and Obliged Joyntly and Severally unto the Kings Majesty his Heirs & Successors in the Penall Sum of Sixty Pounds Current Money of New England-The Condition
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PROVINCE AND COURT RECORDS OF MAINE
of this Recogniz'ce is Such that if the above Bounden James Olliver Shall Personally Appear at the Next Court of Gen'll Sessions of the Peace to be holden at York for Sd County to answer to the aboves'd accusation and Stand and Abide the order of the Sd Court theron & not Depart without Licence then this Recogniz'ce to be Void or Else to Stand in full force Strength & Virtue
Taken in Court attest CHARLES FROST Cler
Ordered that Christopher Mitchell be Summoned to appear at the Next Sessions to take his Oath as a Grand Juror he being Chosen by the Town of Kittery to that office.
[7:126]
Mary Bredeen being Bound over to this Court by Jos. Hammond Esq'r one of his Maj'ts Justices of the Peace for Sd County for being Guilty of the Act of fornication & being with Child with a Bastard Child. It appearing to the Court that She is not yet delivered & is unable to appear at this Court Its therefore Considered that her Bonds be Con- tinued till the Next Court of Gen'll Sessions of the Peace to be holden at York for Sd County in July Next.
Ordered that the Assessors of the Town of Wells be Summoned to appear at the Next Court of Gen'll Sessions to answer the Compl't of Francis Sawyer to bring with them all the Lists of Rates made the Last year & also the List of the Ratable Estates by which they Made Said Rates and how much they Raised on the Pound.
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