The Newhampshire gazetteer — Exeter, N.H., 1792-08-10 00:00:00, page 1

BE it enabled, by the Senate and
House of Representatives of the Un
ited Statu of America, in Congress aflem
bled, That the operation of the resolu
tions of the late Congress of the Unit
ed States, passed on the second day of
November, one thousand feven # hun
dred and eighty-five, and the twenty
third day of July, one thousand (even
hundred and eighty-seven, so far as
they have barred or may be coaftrued
to bar the claims of the widow or or
phans of any officer of the late army,
to the Seven years half pay of such
officer, (hall, from and after the pass
ing this ad, be fafpended for and dur
ing the term of two years.
And be it further enabled. That any
Conmiilioned officer, not having re
ceived the commutation of half pay,
and any non-commissioned officer,
soldier or Seaman, disabled in the
aQuat service of the United States,
during the late war, by wounds or
other known cause, who did not defers
from the said service, Shall be enti
tled to be placed on the pension lift of
the United States, daring life or the
continuance of such disability, and
(hall also be allowed such farther sum
for the arrears of pension, from the
time of such disability, not exceeding
the rate of the annual allowance, in
consequence of his disability, as the
circuit court of the diftrid, in which
they refgedively refide,may thinkjuft.
Divided, That in every such cafe,the
rules and regulations following Ihall
be complied with ; that is to fay : —
First, Every applicant Ihall attend the
court in person, except where it Ihall
be certified by two magistrates that he
is unable to do so, and Shall produce
to the circuit court, the following
proofs, to wit :— A certificate from the
commanding officer of the Ship, regi
ment, corps or company, in which he
served, setting forth his disability,
and that he was thus disabled while in
the service of the United States ; or
the affidavits of two credible witnesses
to the fame effect. — The affidavits of
three reputable freeholders of the city,
town, or county, in which he resides,
afeertaining of their own knowledge,
the mode of life, employment, labor,
or means of support of such applicant,
for the last twelve months. —Secondly,
The circuit Court, upon receipt of the
proofs aforefaid, Shall forthwith pro
ved to examine into the nature of the
wound, or other cause of disability of
inch applicant, and having afeertain-
An ACT to provide for the
fettiement of the Claims
of Widows and Orphans
barred by the limitations
heretofore established and
to regulate the Claims to
Invalid Pensions.
Newhampfliire
LdWS OF THE UNITED STATES.
EXETER, ( New-Hamp/hire) Printed and Published by HENRY RANLET, at Nine Shillings per annum.
FRIDAY, August io, 1792.]
CONGRESS.
THIRD SESSION.
And be it further enabled. That the
Secretary at War, upon tne receipt of
the proofs, certifies e and opinion a
forefaid, Shall cause the fame to be
duly riled in his office, and place the
name of such applicant on the pension
lift of the United States, in conformi
ty thereto : Provided always. That in
any case, where the said Secretary
Shall have cause to fafpeft imposition
or mistake, he Shall have power to
withhold the name of such applicant
from the pension lift, and make report
of the fame to Congress, at their next
session.
And be it further enaaed, That the
clerk of the diftrid court, in each dif
tri&, (ball publiihthis ad in such
manner as the judge of the diftria
court thall think effectual to give gen
eral information thereof to the people
of the diftrift, and shall give like in
formation of the times and places of
holoing the circuit courts in such dift
ri&. And in dittritts wherein a cir
cuit is not directed by law to be hold
cu, the judge of the diftrid court shall
be, and he hereby is authorized to ex
ercise all the powers given by this a&
to the refpetiive circuit courts. And
it shall be the duty of the judges of the
circuit courts refye&ively, during the
term of two years from the passing of
this ad, to remain at the places where
the said courts thall be holden, five
days at the teaft, from the time of open
ing the feffioas thereof, that persons,
disabled as aforefaid, may have full
opportunity to make their application
for the relief proposed by this aft.
ed the degree thereof, shall certify the
fame, and transmit the result of their
enquiry, in case, in their opinion, the
applicant fhculd be put on the pen
sion lift, to the Secretary at War, to
gether with their opinion in writing,
what proportion of the monthly pay of
such applicant will be equivalent to
the degree of disability ascertained in
manner aforelaid.
And be it further enabled, That all
non-commissioned officers, soldiers and
seamen, disabled in the adual service
of the United States, daring the late
war, whole disability and rate of al
lowance have beer, afeertained, pur
faant to the regulations prescribed by
the lace Congress, and have not appli
ed to be placed on the pension lift,un
til after the time, limited by the ad
of Congress for that purpose, was ex
pired, Shall now be placed on the
pension lift, and beentitled to demand
and receive their refpedive pensions,
according to the allowances ascertain
ed as aforefaid, any thing in this aft,
or any aft of the late Congress to the
contrary notwithstanding.
And be it further enabled, That from
and after the palling of this ad, no
sale, transfer or mortgage of the whole
or any part of the pension or arreara
ges of pension, payable to any non
commissioned officer. Soldier or seaman,
before the fame Shall become due,
Shall be valid. And every person,
claiming such pension or arrears of
pension, or any part thereof, under
power of attorney or fabrication, Shall,
before the fame is paid, make oath or
affirmation before Some justice of the
peace of the place where the fame is
payable, that such power or fobflitotion
is not given by reason of any transfer
of such pension, or arrears of pension,
and any person, who ihall swear or
affirm falfely ia the premises, and be
THE
thereof conviaed, shall fuffer, as for
wilful and corrupt perjury.
Jonathan Trumbull, Speaker
of the House of Reprefentatroes.
JOHN ADAMS, Vice-Prefdent of the
U, States and Prefdent of the Senate:
Approved— March the 2'd, 1792.
G. Washington,
Pref dent of the Unitea States.
Deposited among theßolls in theOffice
of the Secretary of State.
Thomas Jefferson
Secretary of State.
TN compliance qith said A&, I am
direded by the Judge of said Diftria
to request all the Printers in New-
Hampshire to publish the foregoing in
their papers. And that the Circuit
Courts in 'aid Dittridt are holden at
Pertfmouthon thetwenty-fourih day of
May, and at Exeter the twenty-fourth
day of October yearly.
BE it enaAed by the Senate and House
of Representatives inGeneral- Court
convened, That where there are mutual
debts or demands between the plaintiff
and defendants if either party sue or
be feed as executor or administrator,
where there are mutual debts between
the testator or intestate & either party,
one debt or demand may be set against
the other, and such matter may be
given in evidence under the general
)ffae,or pleaded in bar, as the nature
of the case may require ;fo as at the
time of pleading the general issue,
where any debt or demand against the
plaintiff or his testator or intestate is
intended to be insisted on in evidence,
notice (hall be given of the particular
sum or demand so intended to be given
in evidence byway of offset, and up
on what account it became doe, or
otherwise such matter (ball not be al
lowed to be given in evidence on the
general issue ; and mutual debts and
demands may be set againfteach o
ther,either by being pleaded in bar,or
given in evidence on the general issue,
notwithstanding that such debts are
deemed in law to be of a different na
ture, unless in cases where either of
the said debts Shall accrue by reason of
a penalty contained in any bond or
fpecialcy,and in all cases where either
the debr for which the a&ion hath
been brought, or (hall be brought, or
the debt intended to be set against the
fame, hath Accrued, or Shall accrue by
leafon of any such penalty, the debt
intended to be set off, Shall be plead
ed in bar, in which plea Shall be
Shewn how much is truly and juflly
due on either Side, and in case the
JONATHAN STEELE, Clerkffeid
[Difliß.
For setting off debts, mutual de
mands and executions against
each other.
Faffed Feb. 8, 1791.
LAWS
of the
' tate °'
New-Hampshire.
An ACT
Gazetteer.
[Numb. 6 of Volume 7.
plaintiff shall recover in any such ac
tion or fuic, judgment shall be enter
ed for no more than shall appear t>
be truly and justly due to the plaintiff,
after one debt shall have been set a
gainst the other as aforefaid.
Provided always. That no demand
shall be pleaded byway of offset,
which was not justly due and accruing
to the party pleading at the time of the
plaintiff's commencing his suit.
And be it further enaßid, That
where the defendant shall plead an ac
count or demand in offiet, unless he
shall ten days before the fitting of the,
court where the fame is pleaded, have
served the adverse party with a copy
of such account, or a particular fiate
ment of such demand, the plaintiff
shall on motion, be entitled to one
continuance of course, that he may be
prepared to defend against such ac
count or demand : and demands in
offset shall be so particularly described
that the other party may be prepared
to defend.
And be it further encfled. That in
either of the cases aforefaid, if it be
found by the jury who try the cause,
that there is a balance due to the de
fendant, judgment shall be rendered
for the defendant for such sum, or ba
lance as they shall find due, and legal
cost s.
And be it further ena&d.Thaz when
any demand Shall be plead in bar, or
given in evidence, byway of offset,
in an, action before a jaftice in which
an offset is allowed ; the justice may,
in case he find a balance due to the
defendant, give judgment therefor
with costs, provided the fame exceed
not the sum of forty Shillings, but in
case the balance exceed the sum of
forty Shillings, he Shall give judgment
for costs only.
And belt further enabled. That in
all cases where persons have mutual
executions against each other in their
own rights, or where any person as
executor or administrator hath, or
may have an execution against ano
ther, who hath or may have io his
own right against such executor or ad
ministrator, for a debt due to his tes
tator or inteflate, or where executors
or administrators have execution a
gainst each other, for mutual demands
between their testators or inteftate#,
the Sheriff, at the request of the credit
or upon cither execution, Shall set off
oneexecution against the other, which
set off, if the fams be equal in Such
mutual executions, Shall Satisfy them
both, and return thereof Shall be so
made by the Sheriff; and where the
sum contained in one of said mutual
executions is greater than the other,
the Sheriff upon request as above Said
Shall let off and deduct the less from
the greater, and Shall return the exe
cution for the less sum fatisfied, and
Shall proceed tp levy the balance
on the other execution as is directed
in the writ,and in all cases where mu
tual executions Shall be set off against
each other this Special matter Shall be
returned.
APhilofopher and Wit were croST
ing from England to Holland,
and a high swell rifing.the philosopher
seemed under great apprehension s
he Should go to the bottom.—''U
observed the Wit, "that will
genius to a tittle ; at for,
knaiv I am only f^r Jamming A
ANECDOTE.