NL GenWeb

Transcribed by Marilyn Pilkington.  While I have endeavored to be as correct as humanly possible, there could be some typographical errors.


Surrogate Court

Harbour Grace

October 26, 1813

District of Conception Bay

Present: Frederick H. Carrington and Wm Lilly, Esqs.

To vis:

By virtue of an order of Court to me directed by David Buchan, Esq., late Surrogate, bearing date the 1st day of December, one thousand eight hundred and twelve concerning a disputed piece of garden ground then claimed by Michael Farrell as part of Warford’s Room, but really is the property of Jonathan Sheppard on the ground of his having cut and cleared the same about thirty years ago and occupied ever since—and I therefore according to the above Direction went to Mint Cove where the above ground is situated and after examining the same according to the oath of John Warford and other people, inhabitants of Mint Cove, I consider that Jonathan Sheppard was the sole and undoubted owner of the said ground who has always carried on the fishery at said Mint Cove. And I have further to state that the said Farrell is a troublesome and malicious person and in short not one of the Inhabitants of said Cove will speak in his favour.

Thomas Maine, Sheriff

John Warford being in Court was sworn and questioned in the following manner by William Lilly, Esq.

Question: How long have you lived in Mint Cove?

Answer: Thirteen years.

Question: Did you know the Potatoe Garden at Mint Cove that Michael Farrell

claims as part of the fishing room you sold to Farrell?

Answer: I do.

Question: Did Jonathan Sheppard always occupy that part of ground while

you lived at Mint Cove?

Answer: He did.

John Warford further sayeth on his oath that when he put Farrell in possession of his Fishing Room that he took a line in presence of Richard Gosse, Timothy Collins and Henry Sheppard and told Farrell in their presence that he had no claim on Jonathan Sheppard’s garden. Farrell replied that he did not want it.

Court adjourned until the 28th Instant.

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