Transcribed by Marilyn Pilkington. While I have endeavored to be as correct as humanly possible, there could be some typographical errors.
Monday, December 11, 1815
Transcriber's Note: [Document was heavily water damaged and hard to read in places]
Nuttall Cauley & Co
To recover the sum of ₤62.15.3.
Writ issued in the Surrogate Court at St. John’s the 28th November instant, returnable here the 30th…this day.
Collins and Harrington being brought up from prison, having been remanded on Sunday noon, as the Court could not obtain security of their appearance that day to be examined.
The parties being present with several more respectable merchants they produced the accounts against Patrick Collins and John Harrington when it was the opinion of the Court that the said Collins and Harrington was co-partners and that the said Harrington and Collins did leave this place with an intention to defraud the whole of their creditors – Mr. McChurchill being present and knowing that the said McChurchill had acted as their clerk for some time – he was duly sworn when he declared that he considered the said Harrington & Collins as partners all the winter and also the summer – but that there was some difference took place some time in the spring with the talks of parting. The Court then considered that Mr. Nuttall & McCauley _______ to have a meeting so that they can appoint some person with Mr. McChurchill to examine their books and give a fair statement to this Court by Thursday next. Harrington and Collins not having surety for their appearance—that day they were remanded to prison when the Court was adjourned.
December 7*, 1815
Jno Nuttall –
appointed on behalf of the creditors—
Harrington & Collins
The Court having ordered on Monday that a statement should be brought into this Court respecting the accounts & books belonging to the said Harrington and Collins – which was accordingly done & presented by Mr. Jno Nuttall acting on behalf of the creditors – when he represented to the Court that in consequence of the short notice he was led to believe there was several other persons’ accounts not yet brought for the inspectation (sic) of him and the Committee—Mr. Nuttall at the same time represented to the Court that Harrington might be examined before his creditors—therefore requested he may be released. The Court replied that they had no objection provided that the said Mr. Nuttall would send in writing that the Harrington may be released when he Nuttall left the Court—
The Clerk of the Court requested Mr. McMartin, constable, to wait on said Mr. Nuttall for the purpose of liberating Harrington, when very shortly after he returned and informed the Clerk that Mr. Nuttall replied the prisoner was not to be released as he was to be examined in Court before his Creditors.
The Court ordered that Mr. Wm Firth be paid out of the monies found on Harrington, the sum of ₤11.5.0 for Sunday. Costs attending & so forth in bringing the Delinquents to H. Grace from St. John’s.
[Note: The date of this sitting is obviously in error, since it occurs after December 11. Most likely the correct date is December 14 – M. Pilkington]
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