Revolutionary War Pension and Bounty Land Warrant Application File W. 15,979, John Avery, Continental N. H
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SERVICE                              NUMBER
Continental    Avery, John  W15979
NH                              Mary
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15:912 R
Dist.of Maine
John Avery
of Hancock Co.in the state of Massachusetts who was a Private in the regiment commanded by Colnel Stark, of the N. Hamp. illegible for the term of one year.
scribed on the roll of Dist. Of Maine, at the rate of 8 Dollars per month, to commence on the 8th. of September, 1819.
ratification of Pension issued the 27th. of Nov. 1819 and sent to R.C. Vote, (Judge crossed out) Agent Augusta, Dist. of Maine.
Arrears to the March, 1820                  $47.16
(Semi anl all’ce ending crossed out)
5 mo. 23                                                —————
X 4     30                                                 $47.16
  31

Revolutionary claim,
Act 18th March, 1818
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John Avery. Hancock County - private Col. Stark New Hampshire
Reg. January 1776
1 Year
September 8th. 1819

Proof
Philip Flanders
Nat Marston

Admitted

R.C. Voce Atty
Augusta-Maine
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I John Avery aged sixty (illegible) years a citizen of the United States born in Epping  New Hampshire, now a resident in Frankfort in the District of Maine do upon oath testify and declare that I enlisted as a Private soldier in January of February 1776 for the period of one year in the war of the Revolution against the common enemy upon the Continental establishment in to the company commanded by Captain (illegible) & in Col. John Stark of New Hampshire Regiment. I served until the end of December 1776 or first of January 1777, at which time I was honorably though verbally discharged at Mount Independence Ticonderoga. I was in Battle at Lake Champlain and now from my reduced circumstances I need the assistance of my country for support. I hereby relinquish all claims to any pensions heretofore allowed me if any; such I am not being on any pension list, (illegible) being knowledged (illegible) and upon the pension list of the District of Claims       
   
                                                                        John X (his mark) Avery
Atty R.C.Voce                                                         

Commonwealth of Massachusetts
(Illegible) Jr.
On the eighth day of September 1819 John Avery above named, after being carefully examined, made oath to the foregoing declaration by him (the same having been distinctly read to him) Before me Nathan  Winston (illegible) C.J.CCC Phar
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I Phillip Flanders, a United States soldier in the war of the Revolution, now sixty one years old of age  do hereby upon oath testify and declare that I knew John Avery within named- this said Avery to my knowledge served in the Col Stark New Hampshire Regiment as he has within stated. I served in Col Sheppards, Company and well knew of the said Avery pensioner.
                              Phillip Flanders
Kennebec Sept 21, 1819. Personally appears Phillip Flanders known to me as a credible witness and he made oath to the truth of the above deposition by him subscribed before me.
                   Robert C. Voce Justice of the Peace
I Nathaniel Marsten aged Sixty years, a pensioner under the last law of Congress on the Maine Role do hereby certify under oath that I well knew John Avery within named being knowledged he enlisted and served as he has within states. I served in the same Company and Regiment and well knew of his service. I was not present when he was discharged, being or near as I can recall in detachment of Lake Champlain , last  I have no (illegible) said Avery was discharged as he has stated.
             Nathaniel Marsten
Kennebec Oct. 5th 1819 Personally appears Nathaniel Marsten above named to me was known as a credible despondent witness and he made oath to the truth of above deposition by him described.
        Robert C. Voce Justice of the Peace
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Robert C Voce Esq is a Justice of the Peace for the County of Kennebec; and the within Deponents are in my opinion credible witnesses 
Nathan Weston Juris C.J. CCC Phay,
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Commonwealth of Massachusetts 
To the Honorable Secretary of the Department of War of the United States 
I the subscriber being Chief Justice of the Circuit Court of Common Pleas for the Second Eastern Circuit of Massachusetts, embracing the Counties of Lincoln, Kennebec and Somerset, do hereby certify to your honor that John Avery, a citizen of the United States now resident of Frankfort, in the County of Hancock District of Maine, on the eighth day of September A.D. 1819 made application to me to receive his declaration under oath and such other evidence, as was in his power to produce, and to and to transmit the same, and the proceedings thereon that he might be placed on the pension list of the United States, agreeably to the provisions of an Act, entitled “ An Act to provide for certain persons engaged in land naval service of the United States in the revolutionary war “ passed March 18th 1818, which declaration and other evidence produced by the said applicant is  hereunto annexed. And I do further certify to your Honor, that after a full examination of the said applicant, and a careful consideration of the evidence in the case, it appears to me that the said applicant
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did served as a Private soldier in the revolution against the common enemy upon the continental establishment for more than nine months, as stated in his declaration aforesaid, and that from his reduced circumstances, he needed the assistance of his country for support. In testimony whereof, I have hereunto set my hand, and caused the seal of the Court in which I preside to be hereunto affixed this ninth day of September, in the year of our Lord one thousand eight hundred and nineteen.
Nathan Weston Juris C.J. C.C.C. Phay
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Commonwealth of Massachusetts 
KENNEBEC, ss.
THE Subscriber, Clerk of all the Judicial Courts, held within the said County of Kennebec, hereby certifies, that the Honorable NATHAN WESTON, Junior, Esquire, before whom the annexed proceedings were held, is Chief Justice of the Circuit Court of Common Pleas, for the a Second Eastern Circuit of Massachusetts, embracing the Counties of Lincoln, Kennebec, and Somerset; and that by the direction of said Judge, I have affixed unto his Certificate bearing his signature, the seal of said Court in which he presides. 
In testimony whereof, I have hereunto set my hand: Dated at Augusta, in said County of Kennebec, this ninth day of September in the year of our Lord, one thousand eight hundred and nineteen. 
John Davis
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State of Maine
KENNEBEC COUNTY, ss.
ON this eighteenth day of November, 1820, personally appeared in open Court before the Justice of the Circuit Court of Common Pleas, for the Counties of Lincoln, Kennebec and Somerset, being a Court of Record for said Counties, proceeding according to the course of common law, having original jurisdiction, unlimited in amount, keeping a record of their proceedings, and having the power of fine and imprisonment, John Avery aged Sixty four years, resident in Hallowell in the County of Kennebec within said Circuit, who being first duly sworn according to law, doth, on his oath, declare that he served in the Revolutionary war as follows, viz. in the Company commanded by Captain Morrell and Regiment commanded by Colonel Stark of the line of the State of New Hampshire upon the Continental Establishment, for the period of one year , and was in the battle in Lake Champlain under General Arnold.
that his original declaration was made before Judge Weston of the eighth day  of September 1819; that he is now on the (crossed out pension) on the Maine Roll and that his pension is numbered 15912, And I the said John Avery do further solemnly swear, that I was a resident citizen of the United States, on the eighteenth day of March, one thousand eight hundred and eighteen; and I have not since that time , by gift, sale or any manner whatever, disposed of my property, or any part thereof, with intent thereby  so to disminish  as to  bring  myself within the provisions of an act of Congress, entitled “An Act to provide for certain persons engaged in the land and naval service of the United States , in the Revolutionary War,” passed on the eighteenth day of March, one thousand eight hundred and eighteen; and that I have not nor has any person in trust for me, any property or securities, contracts, or debts, due to me; nor have I any income, other than what is contained in the schedule hereto annexed , and by me subscribed.                his
                          John X Avery
                                mark
Attorney R C. Voce
The  following is a schedule of my whole Estate and income, necessary clothing  and bedding excepting viz:
Real estate none. And no personal property except the clothes on my back. I have no debt due me, and I owe as much as ten dollars - I am by occupation a laborer but by reason of old age and being afflicted with the (illegible), I am able to do mere trifle of labor, I have no family, having lost my wife about three years since, and my children are all put out to service. 
       his
John X Avery
       mark
Attorney R.C. Voce
Subscribed and sworn to both the oath and schedule this 18th of November 1820.
Josiah Stebbins a Judge of the C.C.C. 2nd E. Circuit.

(Illegible) Copy  Attet. John Davis Clerk
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3198
New Hampshire
Mary Avery wife of John Avery decd a pensioner, Act of 18 March 1818, he died on the 3d February 1826 - Strafford in the State of N.H. - who was a Private in the company commanded by Captain Badger of the Regt Commanded by Col. Stark in the N. Hamp. line for 18m 24 ds. N.H.
Inscribed on the Roll of Portsmouth at the rate of 62 Dollars 66 Cents per annum to commence on the 4th day of March 1831.
Certificate of Pension issued 5 day of Feby 1840, & sent to I.A. Eastman
H. Reps
Arrears to the 4th of Sept. 1839          $532.67
Semi-annual allowance ending 3 Mar.      31.33
                                                                  $564.00
{Revolutionary Claim Act July 4,1836 Section the 3d}
Recorded by D.M.Curdy, Clerk
Book A. Vol.2 Page 21
Let. to Hon. J.A.Eastman Oct. 16, 1840 - do. to 3d Arrd.Dec.8,1840 
Paid at the Treasury under the Act of (illegible)1838 from 4 March 1831 to 4 (illegible)  1840. Agt. notified 10 Dec. 1860 Letter to Hon. I.A. Eastman 19. March 1841. do. to same & P. Act 3 APL. 1841 Hon H. Hibbard 23 Sept 1830
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Portland 22 Me.   FREE
Pearson Cogswell Esq
P.M.
Gilmanton (illegible) N.H.
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the 3d of Feb 1826 not 1836 as stated to me before I also furthermore state that after receiving the true account of the said Avery’s Death I abandoned the old declaration & got this said Judge to take a new one to compare with the true date of his death and in that Declaration we left out the the Statement & Circumstances of leaving his wife presuming it was (illegible) that I received a letter from J.L.Edmonds Commissioner of Pensions dated July 1st 1839. That the papers had been arrived & that there was the name of but one John Avery upon the Pension agency of Maine & that the said Avery stated that his wife died more then 20 years ago & required me to make a further explanation which I did in a letterl to him of July 27 giving a history of the (illegible) as of her case so far as I have heard and knew in answer I received a letter from Mr. Edward of August 16th 1809 containing several interrogatives on looking over my papers I found the original Declaration first taken in her case which (illegible) accompanies the papers together with the affidavits of John Eaton
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the 3d of Feb 1826 not 1836 as stated to me before I also furthermore state that after receiving the true account of the said Avery’s Death I abandoned the old declaration & got this said Judge to take a new one to compare with the true date of his death and in that Declaration we left out the Statement & Circumstances of his leaving his wife presuming it was (illegible) that I received a letter from J.L. Edmonds Commissioner of Pensions dated July 1st 1839. That the papers had been arrived & that there was the name of but one John Avery upon the Pension agency of Maine & that the said Avery stated that his wife died more then 20 years ago & required me to make a further explanation which I did in a letter to him of July 27 giving a history of the circumstances as of her case so far as I have heard and knew in answer I received a letter from Mr. Edward of August 16th 1809 containing several interrogatives to be proved & I  have endeavored to produce  the best evidence on looking over my papers I found the original Declaration first taken in her case which (illegible) accompanies the papers together with the affidavits of John Eaton Issac Glidden & wife Daniel Elkins, & Sarah Piper which I think answers all the interogations required except the first and as it regards that I forwarded the Certificate of Josiah Parsons Town Clerk of Gilmanton duly authenticative of their marriage with the papers sent
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so of course it must be on the files with the other papers unless it has been lost or mislaid by the Department of.
Pearson Cogswell

State of New York County of New York 
I George Livermore Commissioner of the State of New Hampshire  in & for the State of New York by virtue of an Act. enlisted do Act to authorize the appointment of (illegible) without the State to administer to Oath for (illegible) June 25th A.D. 1850. Do hereby testify that on the 15th day of December year 1839 John Avery appeared before us the above so said Pearson Cogswell, who being by me duly sworn under oath ; that the above Deposition by him published contains the truth & nothing but the truth.
New York December 15th 1839
George Livermore
Washington Dec. 20th 1839I hereby certify that the above name George Livermore is a Commissioner  as above stated. I further certify that I am acquainted with said Livermore  & have seen him with & have no doubt that the above is his true and genuine signature.
Ira A. Eastman