Revolutionary War Pension and Bounty Land Warrant Application File S 44153, Benoni Gardiner, New York
Page 1

(3-17776)
Service
New York

(Star)
Gardiner,Benoni
or 
Gardner

Number
S44153

Contents
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5418,
New York
Benoni Gardiner
Cap Walker Paviah
New York Ser____________
In the amry of the United States during the Revolutionary War
Inscribed on the ROll of New York
at the rate of 8 dollars per month, to commence on the 6 of April 1818

Certificate of Pension issued the 19 of Jany 1819 and sent to Joseph Dyer, REg.
Troy N. York.
Arrears to 4th of Sept 1818 $39.72
Semi-Anl. all'ee ending 4 March 1819  48.
$87.72
Samle
{Revolutionary Claim, Act 18 March, 1818}
1776-77
Coutimmec
(ink blot)

[sideways on right side of bifold]
Notification sent Sept 18, 1820 to D.L. Mace Troy, N.Y.
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44153
INVALID
Reg. 
File No. 44158
Benoni Gardner
In  Rev War
Act: 18 March 185h
Index: -Vol 3, Page 186
{Arrangement of 1870}
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Benoni Gardner
The names and number of the family, if any, and then ability to work, must be given.
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STATE OF NEWY YORK
Rensselaer County

On this thirty-first day of May 1820 personally appeared in open court, (being a court of record in and for said county according to the solemn adjudications of the Supreme Court of this state, and being a court which proceeds according to the course of common law; with a jurisdiction unlimited in point of amount; keeping a record of its proceedings; and possessing the power of fine and imprisonment) Benoni Gardner aged sixty-seven years, resident in the town of (illegible) in said county who, being first duly sworn according to law, doth on this oath declare that he served in the revolutionary war as follows:  From 1775 to 1783 in the second regiment of artillery in the New York line commanded by Col. Lamb in a company commanded by Capt. Walker and then by Capt. Reed, that the original declaration of a pension under the act of 18 March 1818 was dated sixth day of Aprill 1818 and the number of his certificate 5418.

And I do solemnly swear that I was a resident citizen of the United States on the 18th day of March, 1818; and that I have not, since that time, by gift, sale, or in any manner disposed of my property, or any part thereof, with intent thereby so to diminish it, 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 18th of March, 1818; 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 the schedule hereto annexed, and by me subscribed, 
Signed: Benoni (his X mark) Gardner

Sworn to and declared on the 31 day of May, 1820.    Signed: Archi Bull, Deputy Clerk

State of New York
Rensselaer County

I, Joseph D. Selden, clerk of the Court of Common Pleas held in and for the county of Rensselaer in the state of New York do hereby certify, that the foregoing oath and affidavit and the schedule thereto annexed, are truly copies from the record of said court; and I do further certify that it is the opinion of the said court, that the total amount in value, of property exhibited in the aforesaid schedule (blank) dollars and (blank) cents.  In Testimony Whereof I have set my hand and affixed the seal of the said court, on this _____day of May 1820.

Signed:  Joseph D. Selden, Clerk
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A schedule of all the real personal estate (except clothing, bedding) of Benoni Gardner a pensioner of the United States. 

Real estate- I have none.  Personal property except remaining apparel - I have none.  I was a laborer - I'm now wholly unable to support or maintain myself on account of an injury to my arm.

Signed:  Benoni (his X mark) Gardner

Sworn to subscriber in open court this 31 May 1820.  Signed:  Archi Bull, Dep. Clerk
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Benoni Gardinder
Correit by Roll
The Judge must certify to his redressed concerns.
-ces------
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State of New York
Rensselaer County

Benoni Gardiner being duly sworn says that heretofore he obtained a certificate of pension under the act of the 18th of March 1818 which is numbered 5418 and that on the thirty-first day of 1820, he made a declaration in the Court of Common Pleas of the county aforesaid pursuant to the act of Congress passed last winter, which has been adjudged insufficient because it does not contain names and number of his family and his ability to work and the deponent further says that he is a single man and has no family.  

Signed: Benoni (his X mark) Gardiner

Be it (illegible) that the above named Benoni Gardiner to me known personally appeared before me on the twenty-first day of July 1820 and deposed to subscriber the foregoing affidavit in due form of law.
Signed:  William Palmer, Justice 

State of New York
Rensselaer County

Luther Hanks being duly sworn says he is well acquainted with the above named Benoni Gardiner who is a pensioner of the United States as he is informed and believes, and this deponent further says that the said Benoni  Gardiner has no wife or children to his knowledge but being a single man and has lived for twenty-four years (illegible) and has no family.

Signed:  Luther Hanks
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Be it remembered that the within named Luther Hanks
to me known personally appeared before me on the twenty
first day of July 1820 and defend to subscribed the
foregoing affidavit in due form of Laws
[signed] William Palmer Justice Peace

State of New York Rensselaer County ss 
I Certify that William Palmer Esquire whose
signature is affixed to the above certificate of affidavits on the first
day of July One thousand Eight hundred and Seventy, one of the Justices
of the peace for the County of Rensselaer and further that I am 
acquainted with the hand writing of the said William Palmer & verily
believe his signature to the above certificate in his own proper handwriting

In writings whereof I have hereunto set my name and affixed the seal of the said County
this twenty second day of July 1820
[signed] Joseph D Seldon Clerk


[written at the bottom of the page and upside down to the above writing]
5418
Certif 19 July 1819
Notification sent to W L Marcy 
Troy N.Y.
18th. Sept 1820
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State of New York
Rensselaer County

On this 6th day of April 1818 before me the subscribe,r one of the Judges of the Court of Common Pleas for said county, personally appears Benoni Gardiner, resident in said county who being by me first duly sworn according to law doth on his oath make the following declaration in order to obtain the provisions made by the late 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." 

That the said Benoni Gardiner enlisted in 1775 under Colonel Van Shaick in the New York line for five months and served the same, that in January 1776 he again enlisted under Capt. (illegible) for three months in Colonel Wooster's regiment, marched to Canada and was (illegible) in St. Johns, that on the 15th of April 1776 he enlisted into Capt. Robert Walker's company for one year in Colonel Samuel Elmer's regiment, marched to Fort Stanwix and served the full term of time, and then enlisted in May 1777 in the 2nd regiment commanded by Colonel John Lamb in the New York line, served until the 9th day of June 1783 and was discharged at West Point in the state of New York, and that he is in reduced circumstances and stands in need of the assistance of his country for support.  

John Babcock 3rd being duly sworn says he knows Benoni Gardiner enlisted for during the war into the army of the United States and that he served to the close of the war.  And that he has no other evidence now in his possession of his said service.  Sworn to and declared before me the day and year aforesaid.

I, Joseph Dorr, one of the judges as aforesaid do certify, that it appears to my satisfaction that the said Benoni Gardiner did serve in the revolutionary war as stated in the preceding declaration against the common enemy and I now transmit the proceedings and testimony taken and had sworn before me to the Secretary for the Department of War, pursuant to the directions of the aforementioned act of Congress. 
Signed:  Joseph Dorr

This may certify that it is my opinion that Benoni Gardiner is in reduced circumstances and that he stands in need of the assistance of his country for support.
Signed:  Joseph Dorr
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State of New York
Rensselaer County

I certify that Joseph Dorr Esquire whose signature is affixed to the within declaration was on the sixth day of April last past, one of the judges of the Court of Common Pleas of said county.  In witness whereof I have hereunto set my name and affixed the seal of said county this 27 day of May A.D. 1818.

Signed:  Joseph D. Selden, Clerk