Revolutionary War Pension and Bounty Land Warrant Application File S 35497, for Joshua Kelly, Massachusetts

SERVICE
NUMBER
Felix Joshua
S 35497
CONTENTS

5524.
Maine.
Joshua Kelly, Private.
Capt Kittengill 9 months
Massachusetts Line.
In the army of the United States during the Revolutionary War
Inscribed on the Roll of
Maine
at the rate of 8 Dollars per month, to commence on the 1st of July 1818.
Certificate of Pension issued the 20 of January 1819 and sent to Sarah Duna Esq.
Fryeburg, Oxford County
Arrears to 4th of Sept 1818 13 96 Semi-ann. all'ee ending March 1819 118 "
$131 90
{ Revolutionary claim, } { Act 18th March, 1818. }
Fryeburg, Oxford Co Maine
In the year of our Lord one thousand eight hundred and twenty the 1st of January for the use of the of the of the
Heated Heated Heated

STATE OF MAINE.
Oxford ss. At a Special Court of Common Pleas begun and holden at Paris within and for the county of Oxford on the fourth Tuesday of July and by adjournment A. D. 1820 before the Honorable Judah Dana Judge of said Court.
On this 25th day of July in the year above written, personally appeared in open Court, the same having "the power of fine and imprisonment," and being a Court of Record for said county of Oxford - Joshua Kelly - aged 79 years, resident in Paris in said county, who being first duly sworn according to law, doth on his oath declare that he served in the Revolutionary War as follows, viz. as a private in the company commanded by Capt. Joseph Pellingback in the Regiment commanded by Colonel Ebenezer Baldwin in the line of the State of Massachusetts on the Continental Establishment, as is more particularly mentioned and described in his original declaration, made on the 18th day of March A. D. 1818, and on which said declaration his Certificate of Pension, numbered 5021 was granted. 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 day 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 in the schedule hereto annexed, and by me subscribed; that my occupation and ability to pursue the same, together with the number and other particulars of my family, are in fact and in truth as is particu- larly described below, also subscribed by me.
Attest. Tim: Osgood.
Joshua Kelly mark
Sworn to and declared, on the 25th day of July A. D. 1820.
BEFORE
Judah Dana Judge of said Court.
SCHEDULE of the real and personal estate, (necessary clothing and bedding excepted) belonging to me the subscriber, viz: - one horse, for which I have promised to pay forty Dollars when I receive my pension from the government of the United States that is the only property real or personal I possess - Attest. Tim: Osgood. Joshua Kelly mark

SCHEDULE of the family residing with me Joshua Kelly who by occupation am a husbandman which I am not able to pursue by reason of  age & infirmity
   NAMES. AGES. Capacity of each to contribute to their support.     -  his wife or any one residing with me & live with my son John Kelly Maria    attent Son - Osgood  
I Thomas Clarke Clerk of the Circuit Court of Common Pleas for said county of Oxford do hereby certify, that the foregoing oath, and the schedules thereto annexed, are truly copied from the Record of the said Court; and I do further certify, that it is the opinion of the said Court that the total amount in value of the property exhibited in the aforesaid schedule, is dollars and cents. $200.00
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said Court on this 20th day of July A. D. one thousand eight hundred and twenty
Thomas Clarke Clerk of the Circuit Court of C. P. for said county of Oxford
Joshua Kelly  1850
John Clarke  Graysburg  Me

Deer of Joshua
Kelly Joshua Kelley Private Wilson Mass Regt
June 22. 1778 to March 21. 1779 - nine months
July 13. 1818

Commonwealth of Massachusetts
County of Norfolk ss. On this thirteenth day of July 1818 before me the Subscriber Judge of the Court of Probate in said County and first associate justice of the Circuit Court of Common Pleas in said Commonwealth personally appear- ed Joshua Kelley, a Resident of Scituate in said County aged seventy seven years, who being by me first duly sworn according to law, doth, on his oath, make the following de- claration, in order to obtain the provision 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 he the said Joshua Kelley served in the revolutionary war, as a Private Soldier, on the con- tinental establishment about one year and nine months. that he first enlisted in Jan y - 1776, or near that time, for one year into the company commanded by Capt. Peter Gull in Col o Baldwin's Regiment in Massachusetts line, and served out said term, that he again enlisted for nine months into the the same company and Regiment, not far from a year after his time aforesaid was out, and served out said term of nine months and was regularly discharged at Fishkill I think in March 1779 - in the State of New York -

I. Judah Dana Judge as aforesaid do certify that from the foregoing Declaration of the said Joshua Kelly and also from the testimony of two substantial Witnesses, who testify that they served in the same company with him, nine months or more on the continental establishment in the revolutionary war - it appears to my satisfaction that the said Kelly did serve in the revolutionary war, as stated in the preceding declaration against the common enemy, for the term of nine months on the continental establishment. and that from his reduced circumstance in life he stands in need of assistance from his country for support. and I now transmit the proceedings and testimony taken & had before me to the Secretary for the Department of War, pursuant to the above mentioned act of Congress -
In testimony whereof I have hereunto set my hand and affixed the seal of the said Court of Probate at Grafton this thirteenth day of July
AD 1818 -
JUDAH DANA Judge

Commonwealth of Massachusetts County of Middlesex
I the subscriber Register of the Court of Probate in said County, Do at Ryeberg in said county on Monday the third day of July A.D. 1812, certify & make known that the Hon. Israel Dana who signed the foregoing certificate is Judge of said Court of Probate, & first Associate Justice of the Circuit Court of Common Pleas in the first Eastern Circuit in said Commonwealth and that said instrument is under the seal of said Probate Court.
Attest Tim Osgood Regt. of Probate

This pensioner in his Schedule stated as follows - viz - "One Horse for which I have promised to pay a forty Dollars when I receive my pension from the Government of the United States - that is the only property Real or personal I possess"
Her age, 80 - serv d 9 months - no family - resides with a son who is represented by Mr Bradley to be poor & sickly -

INVALID.
Rev
File No. 85-497
Josiah Kelly Pri Rev mrs
Act: 18 th March 18 th
Index:—Vol. 2, Page 220
[Arrangement of 1870.]

County of Oxford State of Maine
On this first day of June 1820, personally appeared Seal  Joshua Kelly aged seventy nine years resident in Fryeburg in said county, who being duly sworn according to law, doth on his oath declare that he served in the Revolutionary War as follows, viz. about a year & nine months in the company of Capt. Joseph Bell, Col in the Regiment commanded by Col Baldwin a part of the time by Col Weston in Massachusetts line as may be more fully seen in his original declaration in the War Office, dated April 11 th 1818. The number of his pension certificate is 85534.
I do hereby solemnly declare that I was a resident citizen of the United States on the eighteenth day of March 1818; and that I have not, since that time by gift, sale, or in any manner disposed of any property, or any part thereof, with intent thereby 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 & naval service of the United States, in the Revolutionary War," passed on the 18 th day of March, 1818, and that I have not, nor had any person interest for me, any property or securities, contracts, or debts, due to me; nor have I any in common other than what is contained in the schedule hereto annexed, & by me subscribed, viz. one horse for which I have promised to pay full value, when I receive my pension from the Government of the United States. That is the only property real or personal I possess, I have no family, under me I am unable to labor, or to travel a mile, & must depend wholly upon my pension for my support by occupation am a farmer.
Witness Tom Good
Joshua Kelly his X mark
Sworn to, and declared, on this first day of June A.D. 1820. before me Isaac Dana, Judge of Probate for said County of Oxford
I, Timothy Good Register of Probate do hereby certify, that the foregoing oath, and schedule thereto annexed, are truly copied from the records of the said court; and I do further certify, that it is the opinion of said court, that the total amount in value of the property exhibited in the aforesaid schedule is forty dollars . In testimony whereof I have hereunto set my hand, and affixed the seal of the said court on this first day of June A.D. 1820.
Tim o Good Register of Probate of the county of Oxford
A true copy, attest Tim o Good Register of Probate of the county of Oxford

An Act to regulate the Jurisdiction and proceedings of the courts of Probate.
Be it enacted by the Senate & House of Representatives in General Court assembled, and by the authority of the same, That a Court of Probate shall be held within the several counties of the Commonwealth, and then shall be in the manner the constitution directs, some able & learned person in each county in the Commonwealth, appointed or to be appointed Judge, for taking the probate of wills & granting administrations on the estates of persons deceased, being inhabitants of or residing in the same county, at the time of their decease, or having died within the Commonwealth and leaving estate of any kind within the same; for appointing guardians to minors, & other persons; for examining & allowing the accounts of executors, administrators, or guardians; and for such other matters & things as the courts of Probate, within the several counties aforesaid, shall by law have cognizance and jurisdiction of. And the said Judges of Probate shall have full power and authority to make out such process or precepts as may be needful for the discharge of the trust reposed in them; and all sheriffs, deputy sheriffs, coroners and constables are required duly to serve & execute all legal warrants, or other process, to them directed by any Judge of Probate. And contempt of authority, in any cause or hearing before any Judge of Probate, shall, and may be punished in like manner as such contempt of authority in any court of common Pleas, may or can by law be punished.
Section 2 d . That there shall be, in manner as the constitution directs, a suitable person in each county, appointed or to be appointed register of wills, administrations, accounts, decrees, orders, determinations, and other writing, which shall be made, granted, or decreed upon by the Judges of Probate, in their respective counties; which register shall be sworn to the faithful performance of the duties of his Office, and have the care & custody of all files, papers & books to the Probate Office belonging.
Section 3 d . That the Judges of Probate, in the respective counties, shall have certain fixed days for the making and publishing of their orders & decrees; and such days shall be made known, by public notification thereof, in the several counties, and all orders & decrees of Judges of Probate shall be made in writing and duly recorded.
The foregoing is a transcript of a Probate law, passed in the Legislature of Massachusetts Feb'y 24 th 1818. This and all the laws of the Commonwealth of Massachusetts are adopted as the laws of the State of Maine.
The above law is only a transcript of the laws of Massachusetts adopted soon after the revolution & practiced upon ever since —
Very respectfully Yours &c
J. DANA

BOUNTY LAND WARRANT RECORD CARD*
NAME Kelly, Joshua GRADE Private LINE New York
WARRANT NUMBER 7339 ACREAGE 100 ISSUED July 29, 1790
To Nathaniel Scrubner, assignee
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.