Case File No. 29

Hannah McDaniel

Petition of Hannah McDaniel and Order of Governor John Campbell, received from the governor's office and entered in the Ferryland records 13 September 1784

His Excellency John Campbell Esq^r ~
Adm^l of the White Squadron Governor and Commander in Chief in and over the Island of Newfoundland &c. &c. &c.

The Humble Petition of Hannah M^cDaniel Sheweth

That your Excellency’s Petition^r being anative of Ferryland who was left by last will and Testament to produce some plots of ground warranted by the Surrogate James Howell Jones Esq^r & fully granted by warrant under his hand & seal untill your Excellencys will & pleasure to revoke Now may it please your Excellency Peter Weston Esq^r of Ferryland deceased had some old arrears due him by Petitioners father by Law after making seizeor of all his Effects for said Debt before, since his decease Petitioners Mother was furnished with Acct^s of them old arrears hemmed in by the said Westons Son in Law M^r W^m Carter by order of his Mother in Law the Widow Weston after dealing in the said House for seven years could never so much as to obtain an Account from them altho every fall demanded Now may it please your Excellency since the death of Petitioners Mother ~ and the said Peter Weston Esq^r wants to come down on the premises before mentioned altho when Admiral Montague ordered petitn^rs Mother to come round & he would decide the same on w^ch Acct gave her afew lines underhand to indemnify her from them which was mislaid ~ Your Excellency will take petitn^rs Case into Consideration being apoor woman with avery great Charge seven helpless Children to support maintain & nourish ~ that never knew anything about these Accounts before ~ and petitioner as in duty bound will forever pray ~

St. John’s 10^th Sept 1784

As this matter ought to have been settled long ago and as no application has been made to the Surrogates who have at different times been at Ferryland by any of the Westons family ~ I desire you will secure Hannah M^cDonell and her Husband in the quiet and peaceable possession of the premises now Occupied by them so long as they shall Continue to employ it for the use of the fishery ~

Signed John Campbell

Catherine Weston v. Hannah and William McDaniel
8 March 1787
Writ issued by Robert Carter, JP, to William & Hannah M^cDaniel

You are required to appear before me tomorrow by Eleven in the forenoon ~ to answer for yourselves at your peril fail not~

9 March 1787

Appear’d Hannah M^cDaniel by Eleven in the forenoon & made known to the said Justice Carter that W^m M^cDaniel was gone in the woods ~ the said W^m M^cDaniel Appear’d before Rob^t Carter and Henry Sweetland Esq^rs Justices of the Peace by two in the afternoon ~ but was to appear by Eleven in the forenoon as ye Order sent him yesterday p [per] W^m Cox Constable ~ which was in order for him to give an obligation for a Debt due to late Peter Weston Esq^r of £145.12.6/2 - deducting 25 p c^t [per cent] amounts to £109.4.5 the neat debt ~

the s^d W^m M^cDaniel was Ask’d by the Mes Justies whether he would comply with the Terms Offerr’d him ~ which was to pay ------ ~ out of a fishing premises lett by the s^d M^cDaniel to Matthew Ronane & John Grace yearly untill the said Debt was fully paid ~ The Answer made by the said W^m M^cDaniel that he would not give a pair of shoes for the premises ~ when at the same time the yearly rent of the s^d premises is ^{lett att} £22 p ann^m paid by the s^d Ronane & Grace the Occupiers ~

The said M^cDaniel was further Ask’d by Justice Carter whether he was married to a Hannah M^cDaniel says he was not ~ at the same time the s^d W^m M^cDaniel & Hannah Carney (this being her maiden name) has lived together as man & wife (& has ^had several children) for anumber of years ~ & the said W^m M^cDaniel gave the lease of the fishing presmises to the s^d Ronane & Grace in his own name ~ which if he is not (as her says) married to the s^d Hannah Carney ^he had no right to lett the premises ~ all this seems to be only to stave off from paying the said Debt ~ the said premises was given by Will to the s^d Hannah Carney by her Mother Mary Shea the said Debt was contracted by the s^d Shea ~ the s^d W^m M^cDaniel nor Hannah Carney otherwise M^cDaniel would not comply to the Terms offerr’d them as aforesaid

Order, 9 March 1787

You are hereby required & commanded to stop & retain in your hands all the whole rent of the fishing premises for the year Seventeen hundred eighty seven by virtue of alease bearing date the 20^th Oct. 1785 at the yearly rent of Twenty two pounds under the hand of William M^CDaniel of Ferryland ~

You are further required not to advance a shilling of this years rent to the s^d W^m M^cDaniel or to his Assigns to hold the whole entire rent in your hands untill further orders from us this shall be your justification ~

Order, Governor John Elliot, 5 October 1787

It evidently appears from the foregoing Order of Governor Campbells that he was satisfied of the illegality of Westons Claim ~ and as it would be the means of creating endless confusion throughout the Island ~ if the Governor for the time being was to enter into the merits ~ upon which his predecessors had founded all their decisions ~ I do hereby strictly enjoin the Magistrates of the district of Ferryland to see Governor Campbells said order punctually obeyed ~ This order with areference to Governor Campbells order) to be entered in the Records of the district and the paper (with a Certificate of its Registry signed by the Keeper of the Rolls) to be delivered to the petitioner ~

By Command of
the Governor
sign’d A. Graham

Catherine Weston v. William McDaniel
17 August 1790
Before Jacob Waller, Surrogate, and Henry Sweetland and Peter Romney, JPs

Catherine Weston of Ferryland made Complaint upon Oath that William M^cDaniel of Ferryland planter is justly Indebted to her in the Sum of one hundred and nine pounds four shillings and five pence sterling which he has refused to pay;… praying that justice may be done her. [William M^cDaniel summoned to appear in court on Friday, 27 August or the next court day thereafter to answer the complaint.]

Catherine Weston v. William McDaniel
15 September 1790
Before Jacob Waller, Surrogate, and Henry Sweetland and Peter Romney, JPs

M^rs. Catherine Weston of Ferryland Plaintiff on the 17^th August last made Complaint upon Oath before Our Justices of our Court of Common pleas that William M^cDaniel of Ferryland planter is justly Indebted to her in the sum of One hundred and nine pounds four shillings and fivepence sterling being for the Amount of a Book-debt, and that he refuses payment thereof although thereunto frequently required.

In consequence of which Complaint a Writ was Issued and the defendant Summoned to appear on this day when the sheriff returned the Writ Endorsed as follows viz. 23^rd. August demanded payment which was refused, demanded security which was likewise refused, served the defendant with notice of Trial and a Copy of the Petition Attached affishing Room, Dwelling houses, Stage and Flake, the property of the defendant. John Brenan D^y Sheriff.

Henry Sweetland Esq^r. appeared for the Plaintiff and Hannah M^cDaniel appeared for the defendant her husband, and produced apetition Endorsed by Governors Campbell & Elliot.

The Court having fully heard and examined the Complaint before them and also what said Hannah M^cDaniel had to produce or alledge in defence thereof do consider that William M^cDaniel is justly Indebted to Catherine Weston the Plaintiff in the sum of One hundred and nine pounds four shillings and five pence, and that Judgment dopass against the defendant with all Costs of Suit.

Catherine Weston v. William M^cDaniel
15 October 1790
Before Jacob Waller, Surrogate, and Henry Sweetland and Nicholas Brand, JPs

The proceedings in the Court of Common pleas on Wednesday the 15^th. September One thousand seven hundred and ninety in the cause of Catherine Weston versus William M^cDaniel are Rescinded by Consent of the parties, and the Writs of Attachment and Execution destroyed

Petition of Hanna M^cDaniel and Decision of Chief Justice John Reeves, received and entered in the Ferryland records 12 October 1791

The Honourable Lord Chief Justice Reeves High Judge of the
Island of Newfoundland &c^a &c^a &c^a ~

The Humbel Petition of Hanna M^cDaniel otherwise Carney most humbly sheweth-
That petitioner begs leave to inform your honor that one M^r. Baker in Ferryland has a bond of Petitioners husb^d of One Hundred pounds Sterling these six years in his hands, & was to pay but Twenty pounds a year in part payment of said sum - by Agreement and in stead of that sum there was Twenty seven pounds ten shillings payd aforesaid Baker these two years past that is seven pounds ten shillings more then she Contracted Compound was because the afores^d M^r. Baker wanted to distress petitioner & her poor helpless charge of six Children. Petitioner set [let] a fishing Roome to maintain herself & familey- The aforesaid Baker took all this rent to himself tho his Compound agreement was to Receive but Twenty pounds a year and not allow Petitioner a hundred [weight of] Bread out of his store towards mantaining her heavey charge - The aforesaid Baker several Different times wanted petitioner to sell her Room to pay himself & likewise wanted her to sign him a Bond for the Intrest of the aforesaid sum after paying more than Compound agreed upon yearly the tinnant that ouccupies petitioners room pays the aforesaid Baker the rent of said Roome without the Petitioners order or Consent- Your Petitioner cannot get no Good of ye said M^r. Baker There fore Petitioner hopes your honor will Take it into consideration & vindicate the Cause then your Petitioner in Duty bound [obliterated] will be for Ever bound to pray -

Decision of John Reeves, Chief Justice

If it is Specified in the Bond that the amount is to be paid by instalments of Twenty Pounds p annum, M^r. Baker has no right to stop the whole Rent of the room amounting to Twenty seven pounds nor had ^he any right to dispose of either of the skiffs which appear to have been put into his possession only as asecurity for the payment of the Twenty Pounds p ann^m. Interest cannot be charged upon the Bond as upon the face of it (-- if ye facts are as stated in the Memorial) It is to secure the payment of Twenty pounds a year &not for the payment of a Specific Sum of money with Intrest it is to be presumed that M^r. Baker writes off upon the Bond the several sums which he receives on acc^t of M^cDaniel & that when the whole amount has been received by him he will deliver up the Bond. and to prevent the Court being troubled unnecessarily with M^cDaniel Complaints, M^r. Baker is desierd to Furnish her with a Stated account to this day and to transmit a Copy there of to the Sheriff at Saint Johns.

John Reeves Chief Judge

Michael Malone v. Hannah and John McDaniel
9 June 1797

The plaintiff haveing petitioned that John Mcdaniel by the Counsel of his mother had absented himself from his service and refused to serve out his time according to agreement..~

The pltff and defds. being in Court, on hearing it appeared that John Mcdaniel was hired to the pltff to go fishing with the pltff in his Boat this present season for Fifteen pounds wages. but the pltff haveing hired his said Boat to Martin Molloy & Thomas Clements, and had also transfered or hired out the said John Mcdaniel, without his Consent, to serve them, the said Mcdaniel refused to become their servant, alledging that he shipped himself to serve in the pltff's employ and that therefore he would not become the servant of any other person under such transfer..~..~

The Court being of opinion that the pltff could not dispose of his servant, as he had done with his private property, without the servants consent, and more especially as the servant shipped to fish out of the Harbour of Ferryland, he could not be compelled to serve out of any other Harbour~ the said Molloy & Clements on hearing the opinion of the Court, resolved to fish out of Ferryland, upon which the said ~ Mcdaniel agreed to serve them..~ the pltff paid the Costs of Suit 16/~. ~