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Petition of John O'Donnell of Limerick and John Bouchier of the County of Clare 1761

12/07/1820

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Petition of John O'Donnell of Limerick and John Bouchier of the County of Clare 1761

Date of Article: 12/07/1820
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OF FREEMEN OF LIMERICK, & c. ( 1761.) 21 Alderman John Shepherd being examined, said, That in the year one thousand seven hundred and thirty- seven, he offered in the public court of D'Oyer Hundred for the lands of Labenomuck, which have been since set to Peter Sargent at 30/. a year, and that he was almost sure said lands were then set up to cant, otherwise he should have had no business to bid for the same. Your Committee find that by returns made to them from the quarter- master- general's office, that there were no orders given by the government for quartering any of His Majesty's forces on the city of Limerick during the year one thousand seven hundred and fifty- seven. Edrnond Tierney, merchant, being examined, said, He remembered a court called the Pie- powder Court, held in the mayoralty of alderman John Ingram, that a ship called the Charming Kitty, the property of Andrew Kelly of London, came to Limerick, that she took in a cargo of salt there for Newfoundland, that she proceeded upon lier voyage, but was put by stress of weather into Tralee, that she afterwards returned to Limerick, and on her arrival there, the seamen insisted on being paid their wages, and applied for that purpose to Mr. Michael Tierney his father, who was a relation of the owner; that he told them, as they had not per- formed the voyage, he did not think them strictly entitled to wages, upon which they went to Mr. Robert Hallam, an attorney, ( who is the present town clerk,) that the said ship, or master, or both, were arrested by virtue of some process from the said Pie- powder Court, at which the mayor, Alderman Cripps, and Arthur Roche presided; that Mr. Hallam, or alderman Ingram, the then mayor, ( he could not recollect which) gave his father a verbal notice, that a Pie- powder Court would be held the Monday following, that the notice, to the best of his memory, was given on Saturday; that the whole demand of the five seamen who belonged to the said ship, was 35/. 12s. 6d. that he to avoid expense, recommended to his father to pay them their said demand, and that he, by the directions of his father, before the said Pie- powder Court, met pursuant to the said notice, tendered the said money to the said seamen, they said they would not rcceive it without the consent of their attorney, and paying what costs they had been at; that he asked how much they amounted to, they said, they would go for their attorney and bring him, which they accordingly did ; that he demanded from forty to forty- six pounds cost, upon which the witness offered to pay him six pounds cost and the debt, but he refused, and the said Edmond Tierney laid before your Committee a copy of the proceedings of the said court, by which it appeared to your Committee, that on Monday the twenty- ninth day of February one thousand seven hundred and forty- seven, the plaintiffs declared upon an attachment against John White the master of the said ship, and that the defendant was ordered to appear at the next adjournment of the said court, which was to four o'clock on the same day; that at the said adjournment judgment was given for the plaintiffs by default, and that the said court adjourned to the morning of the next day, having directed a writ of inquiry of damages to issue, and that on Wednesday morning the water bailiff ruturned the writ of inquiry of damages, and thereupon the said court on the same day gave judgment for the damages so returned ; that the whole amount of the sums, for which judgment was so given for the plaintiffs for principal and costs, was 111/. 19j. 5 ± d. though the original demand was no more than 3,5/. 12s. 6d. Your Committee find, That five several writs offieri facias, bearing date the second day of March one thousand seven hundred and forty- seven, issued out of the said court against the goods and chattels of the said John White, directed to Walter Parker, water bailiff of the Port of Limerick, and returnable into the said court on the third day of March one thousand seven hundred and forty- seven ; and your Committee find, that the said water bailiff, under colour of the said writs, seized into his hands the said ship, called the Charming Kitty, with all her tackle, rigging and furniture, and set the same up to public cant; the said Edmond Tierney said, that the said ship was sold by cant for 115/. to John Vincent, chamberlain of the city, in the presence of the mayor, Alderman Cripps, and Arthur Roche, though he himself offered 116/. if the gentlemen upon the bench would warrant the sale; that he believed the said Mr. Vincent purchased the said ship upon the said cant in trust for the corporation; that the said ship was sold at an under value, and that he believed the recorder was not present at the said Pie- powder Court; that the ship 270- F was
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