USA > New Jersey > Documents relating to the Colonial History of the state of New Jersey, Vol. XXVII > Part 41
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Mr. S. T. says, that I have rated the Costs on every Action brought be-
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fore a Magistrate at Twenty Shillings each ; I must, in my turn tell him, that he is mistaken ; I did assert that the Cost was but Six Shillings and Nine-pence, or Seven Shillings and Three-pence, unless the Matter was con- tested, and even then rarely exceeded Twenty Shillings.
A Gentleman of my Acquaintance has furnished me with the Costs of fourteen separate Actions that were brought in a County Court, and the Costs taxed, where the Debts were between Six and Ten Pounds, and he assures me that the Parties never disputed any of the Debts, but that the Costs accrued upon the common Course of proceeding, and that no Execu- tion Fees were added.
One Debt ££ 6
15
0
Costs £ 6 16
6
Ditto
7
1
7
Ditto
5
9
0
Ditto
6
5
9
Ditto
6 15
6
Ditto
6
18
11
Ditto
7
16 ()
Ditto
8
0
0
Ditto
5 18 0
Ditto
8
9
2
Ditto
10
18
0
Ditto
9
17
10
Ditto
6
14
6
Ditto
6 15
0
Ditto
5
19
9
Ditto
6
14
6
Ditto
5
12 3
0
Ditto
6
19
0
Ditto
6 5 14
3 11
Ditto
7
0
5
Ditto
5
6
5
Ditto
9
11
8
Ditto
7
19
2
Ditto
8
15
2
Ditto
4
19
0
£ 105 8 2
£ 92 2 0
From which it appears that the Costs on each of these Actions, on an Average, is Six Pounds, Eleven Shillings and Six-pence, besides Execution Fees, and perhaps if the Debts had been disputed, would have been twice that Sum, and reckoning Ninety Actions in the County of Burlington, yearly, before Justices of the Peace, when the Debt is from Six to Ten Pounds, which Proportion, agreeable to the Sinking-fund Tax, and there will be about Eight Hundred in the Province yearly.
Now I will suppose there are half as many (to wit 400) Ac- tions brought into the County Courts, as there were before Justices of the Peace, where the Debts are from Six to T'en Pounds, which rate at £ 6 11 6 each, is
£ 2630 0 0
To which I will add the Loss of Time and Expences of two
Men and their Horses two Days upon each Action, and living in a Tavern will cost 5s. per Day for each Man and Horse. 800 0 0
£ 3430 0 0
Allowing 800 Actions in the Province yearly, before Justi- ces of the Peace, where the Debts are from Six to Ten Pounds, which rate at 7s. each, £ 280 0 0
Ditto
6
1
2
Ditto
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NEW JERSEY COLONIAL DOCUMENTS.
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To which add the Loss of Time of two Men and their Horses, Half a Day, upon each Action, at 2s. 6d. per Half Day, for Man and Horse,
100 0 0
380 0 0
Annual Gain to the Province by the Ten Pounds Law £ 3050 0 (
The Ten Pounds Act for wise and good Purposes, forbids Justices of the Peace holding their Courts at a Tavern, since which I am informed, it is not often that any, but the Parties concerned, at a Trial before a Magistrate, at- tend.
I did assert that there had not been one Appeal in Burlington County, under the Ten Pounds Act, to my Knowledge, and now I do declare, that from the utmost Enquiry, I cannot find that there has been one. - Mr. S. T. declares there have been many Appeals from Magistrates Judgments, giv- en by Virtue of the Ten Pounds Act, in the County of Burlington, which I do absolutely deny .- The Gentleman may publish as many elaborate Per- formances as he thinks proper, against our late Ten Pounds Act, but until he convinces the Public, that it would be more for the Advantage of the Community, in general, that Debts from Six to Ten Pounds should be re- covered before the Courts of Common Pleas, than before a Justice of the Peace, I shall take no farther Notice of his Publications.
I candidly confess that I was under a Mistake, when I insinuated, that there was no Law now in Force in the Province, that authorized Justices of the Peace to determine an Action of Debt. It was ever my Principle, that when I committed an Error, to acknowledge it.
AN INDEPENDENT FREEHOLDER.
Nottingham, in New-Jersey, November 21, 1771.
To be SOLD at PUBLIC VENDUE at the Lon- don Coffee House, on Fifth Day, the Nineteenth of December, at Six o' Clock in the Evening,
A LARGE and very convenient dwelling-house, with good back buildings, situated on the east-side of Water-street, between Race and Arch-streets, in Philadelphia, now in the tenure of John Rhea, with the wharff and commodious stores, thereon lately erected. The house is 30 feet in front on Water- street, 3 stories high, with 4 rooms on a floor, and has lately been put into complete repair. The lot
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extends the usual depth into the river, on which it has a front of 50 feet, and is bounded by a public alley or cart-way, leading from Water-street into the river, and northward by grounds of Richard Waln and Abel James. The whole is subject to a groundrent of Five Pounds Sterling per Annum, and to be sold in pursuance of the last will of JOHN SMITH, late of Burlington, deceased by:
WILLIAM DILLWYN, WILLIAM L. SMITH, and JOSEPH SMITH, Executors.
Also to be SOLD at private sale by the said Ex- ecutors, A small plantation, on which is a neat dwell- ing-house, store, pork-house, &c., situate in the town- ship of Springfield, in the county of Burlington, West-Jersey, where great quantities of pork being raised, a trader might be advantageously seated, it being in a healthy pleasant country and in a good neighborhood.
Fairfield township, Cumberland county, West New- Jersey.
WHEREAS LYDIA, the wife of JONADAB SOCKWELL, hath eloped from her said husband, and refuses to come and live with me again; these are to forewarn all persons from trusting her, the said LYDIA, anything upon my account, as I will pay no debts of her contracting from the date here- of. Witness my Hand, this 29th day of October, 1771.
JONADAB SCCKWELL.
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To be SOLD at private Sale,
A LARGE brick dwelling-house and lot of ground, on the east-side of High-street, in the city of Burlington, opposite to the Meeting-house, on one of the highest parts of the street ; the house is suited for two tenements, or may be readily convert- ed into one, has three rooms on a floor, with a good kitchen, and a wash-house back, a large yard, into which there is room for a carriage to enter, and suffi- cient contents for a good garden back, the lot being 46 feet front on the said street, and extends that width half way back to York-street.
Also a lot of ground with a stable thereon, front- ing on the south side of Broad-street, near the Church, containing in width 85 feet and a half, and extending back to Thomas Powell's lot.
Also a tract of timber land, in Hunterdon county, near Rockseticus Iron-works, containing by the sur- vey thereof 100 acres adjoining to lands late Isaac Norris's ; and a quantity of western proprietary rights to unlocated lands ; late the property of Sam- uel Scattergood, of said city deceased. Any person inclining to purchase, may view the premises, and be acquainted with the terms, by inquiring of WILLIAM SMITH, or SAMUEL ALLINSON, Executors, in Burling- ton, who will convey a good title to the Same.
Fairfield, Cumberland County, New-Jersey, October 29, 1771.
WHEREAS ELIZABETH, the Wife of RICHARD LORE, hath eloped from her said Husband, and will not live with him, but threatens to run him in Debt ;
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these are to forewarn all Persons from trusting her on his Account, for he will pay no Debts of her con- tracting from the Date hereof.
RICHARD LORE.
Salem, November 18, 1771.
TEN POUNDS Reward.
RUN away from the subscribers, the following persons, viz. JOHN COLGAN, an Irishman, about 28 or 30 years of age, dark complexion, black eyes, short black hair, which curls very much, a little pock- marked, about 5 feet 6 or 7 inches high, a thick well set fellow, a very remarkable cast with his eyes, sings a good song ; took with him a brown broadcloth coat and jacket, leather breeches, a blue surtout coat, and ribbed worsted stockings, his other cloaths uncertain ; he has followed school-keeping some time, is fond of company, and apt to get in liquor ; he went away about the 28th of June last.
JOHN BARLOW, an Englishman, about 35 years old, about 5 feet 9 inches high, of a sandy complexion, light hair, which he wears tied, thin visaged, with a hooked nose, stoops pretty much when he walks. There went away with him a woman which he calls his wife ; a thick short woman, much pock-marked, with a long nose, and red hair ; she came from Eng- land to Baltimore. They are both fond of liquor, and are apt to quarrel when drunk. He went away about 16 months since.
HOWELL DAWDY, about 26 years of age, about 5 feet 9 inches high, of a sandy complexion, red beard, with a hair-mole on the right side of his chin, sandy
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NEW JERSEY COLONIAL DOCUMENTS. [1771
hair, which he wore tied, thin visaged, he pretends to be a carpenter, is a well made fellow, sings a good song, and is very fond of company ; he took with him a light coloured saggathy coat, nankeen jacket and breeches, a pair of leather breeches, an old green lappelled jacket, ribbed worsted hose, marked I. B. on the top of each stocking ; it is sup- posed he stole a light coloured surtout coat ; he plays a little on the violin ; he went away on the 14th of this month, and it is supposed he is gone to the eastward.
Whoever apprehends the above described per- sons, shall receive the above reward, or FOUR POUNDS for either, from SAMUEL DICK, and CURTIS TREN- CHARD.
-The Pennsylvania Gazette, No. 2240, Noveni- ber 28, 1771.
West New Jersey, Woodbury, November 25. FOUR DOLLARS Reward.
WAS Taken, yesterday afternoon, from the sub- scriber's shop,-A Silver China faced WATCH, hav- ing the face cracked through, from the hours twelve and six, with a steel chain and brass key, and stock for a swivel seal ; the swivel and loop loose from the inner case ; the number and maker's name forgot. The above watch was taken by one THOMAS BANKS, says he is an Englishman, talks broad, and is a slim spare man, of about 5 feet 9 or 10 inches high, by trade a shoe-maker, marked with the small-pox, and is a very talkative fellow: Had on when he went away, a blue broadcloath coat with
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NEWSPAPER EXTRACTS.
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yellow gilt buttons, yellow broadcloth jacket, very fine, with stone buttons set in pewter, buckskin breeches, white cotton stockings, and black grain shoes without heels, with pewter buckles in them. Whoever secures the said Thomas Banks and Watch, so that the owner may have it again, and the offender brought to justice, shall have the above re- ward, or for the watch only, paid by
ARTHUR HAMILTON.
-The Pennsylvania Journal, No. 1512, Novem- ber 28, 1771.
WAnted, a hatter that understands making coarse wool hats. any person capable of undertaking that branch, will meet with good encouragement, by ap- plying to James M'Cray,1 at Bound-Brook, in New- Jersey ; who will employ all the hands in that branch he can agree with.
TO BE SOLD,
A Tract of land, containing near three hundred acres, situate in the county of Morris, NEW-JERSEY, on part of the south branch of Rariton, and lately belonging to Richard Reading.
The land is a pretty good soil, well watered, and in the neighborhood of Mr. Joseph Jelf's store, where there is a constant market for all kinds of country produce. - - - Any reasonable time will be given for payment of the purchase money, on good secur-
1 Probably son of the Rev. James McCrea, pastor of the Presbyterian church at Lamington, Somerset county, 1742-1769. The tragic death of the clergyman's daughter, Jennie McCrea, who was tomahawked by Indians at Fort Edward, New York, July 27, 1777, excited the greatest horror and indignation at the time,
42
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NEW JERSEY COLONIAL DOCUMENTS.
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ity. - - - For further particulars, apply to John Smith, in the borough town of Westchester, or Elias Boudenot, Esq; of Elizabeth-Town.
To be SOLD,
Within the counties of Essex and Middlesex, in East | New Jersey, |
A pleasant well situated farm or plantation, con- taining about 140 acres of good land for grass or grain, whereon is a stone dwelling-house, with two rooms and fire-places in each, a stone kitchen and cellar adjoining, a barn and barrack, a good bearing apple orchard, with sundry other sort of fruit trees ; a spring of good water near the house; - - - the whole is in fence, and is within two miles and a half of Raway landing, which makes it very handy to mill or market, it being the land and premises late the property of Hendrick De Camp, deceased. Any person inclining to purchase the same may apply to John De Camp, executor, who will agree on reason- able terms, and give a good title for the same.
Also about five acres of salt meadows, lying in Elizabeth-Town, Raway meadows.
NEW-YORK, December 2. | Last Wednesday Capt. Thomas' Randle, Jun.1 of this Port, inward bound from the West-Indies, a few miles from
1 His father, Captain"Thomas Randall, was a noted Captain in the merchant marine of New York, and a successful privateersman in the wars with France in the Provincial days, and with Great Britain during the Revolution. See "Memo- rial History of New York," edited by Gen. James Grant Wilson, II., 446. A fuller sketch will be found in the History of the Chamber of Commerce of New York, by John Austin Stevens, Part II., 157. Capt. Randall removed to Elizabethtown at the beginning of the Revolution, but at the close of the War returned to New York, where he died in 1797, aged 74 years.
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NEWSPAPER EXTRACTS.
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Sandy-Hook, was knock'd overboard with the Boom, and drowned. He was a promising Youth, and his Death is greatly lamented by all his Acquaintances.
JUST PUBLISHED, (Price IS.4) and may be | had at H. Gaine's Book Store, in Hanover | Square, | AN | ADDRESS | FROM THE CLERGY OF | NEW-YORK and NEW-JERSEY, TO THE | EPISCOPALIANS | In VIRGINIA ; | OCCA- SIONED | BY SOME LATE TRANSACTIONS | IN THAT COLONY RELATIVE TO | AN | AMER- ICAN EPISCOPATE. |
Quis Furor iste novus ? Quo nunc, quo renditis, in- quit - - non Hostem, inimicaque Castra. Argivum : Vestras Spes, uritis
Virg. Æen. v. 670. -The New York Gazette ; and the Weekly Mer- cury, No. 1049, December 2, 1771.
NEW-YORK, December 2. | We are told that Capt. Thomas Randall, jun. was struck overboard by the Boom of his Sloop on Thursday last off Sandy Hook ; altho' the most proper Methods were used to save him, they proved ineffectual.
-The New York Gazette, or, The Weekly Post-Boy,
No. 1491, December 2, 1771.
PHILADELPHIA, December 2.
On Thursday se'night was married at Burlington, Mr. ISAAC HOPKINS to Miss PEGGY RODMAN, daughter of Thomas Rodman, Esq.
-The Pennsylvania Packet, No. 6, December 2, 1771.
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NEW JERSEY COLONIAL DOCUMENTS.
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One should not destroy an Insect, one should not quarrel with a Dog, without a Reason sufficient to vindicate one through all the Courts of Morality.
SHENSTONE.
If the Laws could speak for themselves, they would complain of Lawyers in the first Place. MARQUIS OF HALIFAX,
THE Subject of Laws being a Matter of great Importance to the Com- munity, it becomes not only excusable, but often highly useful for Individ- uals, who wish to see a pure System of Jurisprudence, to lay before the Pub- lic, for Improvement, their thoughts on a Matter so interesting. Was Man- kind to pursue the Dictates of simple Truth, tempered with Moderation, and uninfluenced by Avarice and Ambition, little Occasion of contending about, or of instituting many Rules of Property, would occur ; that Law which is wrote in every Heart, and which teaches to "Love our Neighbour as our- selves," by destroying the Spirit of Litigation, and inculcating the Princi- ples of Uprightness, Punctuality and fair Dealing, would render it unneces- sary often to apply to Courts of Justice. But such is the Depravity of human Nature, that human Policy is called in to aid and effect that, which a Regard to Justice alone is too weak to accomplish. This being the Case, we should endeavour to establish such Laws as may be most generally bene- ficial, for I doubt whether one will ever be made altogether free from Ex- ception.
The Ten Pounds Act passed in New-Jersey, in the Year 1769, has, I ob- serve, lately been the Object of a News-paper animadversion, and if the In- dependent Freeholder* is interested in the Re-enacting a Law, limiting the Jurisdiction of Justices of the Peace at that Sum (otherwise than every good Citizen is in all wholesome Regulations) which the Writer of the Piece, signed S. T.t seems to conclude, there are strong Reasons to believe that S. T. is not less concerned in Point of Profit to fix the Sum of which a Justice shall take Cognizance, at Six Pounds only.
I will not now enquire into the Reason, why Causes above Forty Shil- lings in England are noticed in superior Courts, it may suffice to say, that as the Circumstances of different Countries are very dissimilar, so are their Modes of civil Polity, any yet each may be most happy in its own. At the first Settlement of this Colony, Forty Shillings was the Sum committed to a Justice's Determination; it was afterwards increased to Five Pounds, then to Six, and since to Ten Pounds, the Representative Body always declaring, that such Laws, even in their advanced State, had been found "very bene- ficial to the Inhabitants of the Colony;" hence an Impeachment of those Laws, is arraigning the Understanding and Impartiality of that respectable Body. - - - I would ask whether any new Inconveniences or Objections have, on Experience, arose, which apply to the Ten Pound, which did not occur upon the Six, and Five Pound Acts, and will suppose an Answer in the Negative, the mere speculative Reasons stated by S. T. only excepted (as
*A Piece, with that Signature, in the Pennsylvania Gazette, No. 2234.
tPublished in the same Paper, No. 2238.
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no others are mentioned by either of these Writers) and whether those are of sufficient Weight to discourage its Revival, is a Question every one may consider. As to the Arguments drawn from the other side of the Water, they prove too much, if any Thing, they operate equally strong against the Fifteen Pounds Law, and would give a Jurisdiction of any Sum above Forty Shillings to the Supreme Court.
I fancy S. T. as well as the Independent Freeholder, have done little more than guess at the Number of Actions brought in one Year between Six and Ten Pounds, and should we judge of their Exactness, from their Com- putation of Costs, the Mistake, if any will be found in Favour of the latter. I have understood, and believe, that at least five Causes in six, before a Mag- istrate, are determined without a Jury, or even the Production of a single Witness, in which Case the highest Cost is but Seven Shillings and Three- pence, though the Defendant's Effects be sold to satisfy the Judgment; but the Cost of Actions brought in the Inferior Court of Common Pleas, under like Circumstances will rise to Four Pounds unless the Practitioner be of the moderate Class; but supposing the Fifty Pounds Law does not extend to Suits for Sums within Six and Ten Pounds, of which I am very clear, the Average of Costs (as Writs of Enquiry must necessarily be brought back into Use, where the Defendant does not confess a Judgment) will then be not less than Six Pounds. I will therefore take the Number of Actions as S. T. has stated them, for it would be difficult to come at the true Difference, and I believe this State to be most against the Law we are considering, the Ac- count will stand thus. 260 Actions per Annum, in the 13 Counties, at
Six Pounds, -
£1560 0 0
1170 Ditto, in Ditto, at 7s. 3d. 424 2 6
Ballance in Favour of the Ten Pounds Act, £1135 17 6
It is observable that S. T. estimates the Cost in each Action before a Jus- tice at Twenty Shillings, - - - as if it was a litigated Cause, and calculates an extra Expence upon the Attendance of each, supposing it to produce a trial, when the Independent Freeholder says the Cost in Common Actions is but Six Shillings and Nine-pence on a Summons, and Seven Shillings and Three-pence where a Warrant issues, and yet S. T. makes no Charge for Tri- als in the Courts he labours to support. I shall make no Remarks upon the Disingenuity of such a Reckoning, but will rank the experience of the Causes tried before the different Jurisdictions upon a Par for although per- haps the 1170 may produce more Trials than the 260, yet I presume the Ex- pence attending will not appear upon the whole to be so high in the former as in the latter, when it is considered, that Causes are tried with Half the Number of Jurors, with more Speed, less public, without Lawyers, and con- sequently saves their Pleading Fees ; and in short, with much less Expence every Way, before a Justice than in the Inferior Court of Common Pleas.
I am aware it may be said, that according to this Train of Reasoning, the Jurisdiction of a Justice may be raised still higher ; and I would ask, why not, if it should appear to be equally beneficial as heretofore ? Let Jus-
.
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tice be impartially administered, it is no Matter by whom. I am very sens- ible there must be a Limit to the Justice's Power, and believe it will hardly be thought expedient to extend it further than T'en Pounds. There seems to be some Reason for fixing it here ; It will take in most of all common De- mands of Labourers and other inferior People, who want a speedy and cheap Method to come at their Monies, the Recovery of which must be attended with not only the inconveniency of Delay in the inferior Courts of Common Pleas, but often an Expence of Costs to the Defendant to near that Sum.
The Expence of every Jurisdiction should have some Proportion to the Value of its lowest Object, and sometimes to the highest, as the Sheriff's Fees, on Account of extra Trouble and Risque on large Sums. I know there are persons mean enough to think, that every Fee pinched from an Officer is saved to the Province ; this is very mistaken Policy ; Reward them well for their Services, so as to enable them to live moderately handsome, they will the better attend to their Duty, and be under less temptation of neglecting or slovening over their Business-or of multiplying Contention and Law-Suits, to increase the Scantiness of their Gains ; Practices which the great Lord Hale was of Opinion better deserved the Gallows than picking a Pocket. Having thus liberally provided for Officers, necessarily engaged in the due Execution of Justice, watch them with a jealous Eye, and exact a strict Per- formance of their respective Duties ; oblige them to be content with their stated Fees, without hurting anyone by Extortion or Extravagance, and the best Security for this is to cultivate a Spirit of Industry and Virtue, for vain will be the Attempt to effect it by the Increase or Diminution of Fees.
I will not flatter the present Governor, by supposing he cannot do wrong, or frighten myself with an Idea, that no future Commander in Chief will have equal Virtue and Merit; nor can I conceive the Determination of Property will be rendered so much more precarious by the Addition of Four Pounds to the Jurisdiction of a Magistrate. It will always be the true Inter- est of a Governor to appoint Men of Probity and Good-sense to fill that Of- fice, and when appointed, it will be the Duty of such to discharge their Trust honestly in the Face of their Creator and his Creatures, if they expect either a peaceful Conscience, or the Plaudit of Men, of which the former is infin- itely the most precious. In Cases of Difficulty, where Justices live near each other, I know it is usual in some Places, and wish it may become more frequent, to take Time to deliberate, and call in the Assistance of a Brother in Commission, or of a sensible Acquaintance ;- and should we live to see the Day, when Venality and Corruption shall influence a Governor to exer- cise his Will and Pleasures, in displacing Men of the best Principles, prop- erly disposed for the destructive Purposes S. T. ideally paints (which ought not to be presumed of any Governor) if the Law in Contemplation is made only temporary, as these Laws have always hitherto been, the People may at least be freed from the Source of Evil in a limited Time, and if public Vir- tue enough remains with them to choose Men fitly qualified for their Repre- sentatives, the Mischief may be fully remedied by a future Act.
Burlington County, November 22, 1771.
AMINTOR.
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NEWSPAEPR EXTRACTS.
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Springfield, Burlington County, Nov. 30, 1771.
THE Subscriber, being in Years, purposes to leave off Farming, and has now to dispose of a like- ly Negro Man 21 Years of Age, has been in the Country seven Years, understands Country Work, is a willing industrious Fellow, and very handy about a House. Also a Mulattoe Lad, this Country born, 15 Years of Age, large and strong, understands Plantation Work well, is a good Hand among Hors- es, and drives a Team well.
If any Person or Persons has any Demand against the Subscriber, they are desired to come in for im- mediate Satisfaction ; and those indebted to him, to comply with their Agreements.
JOSEPH BIDDLE.
Gloucester, December 3, 1771.
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