Page 814  “RESOLVE ON THE PETITION OF ELIJAH BACON, OF PROVIDENCE,

TO CITE OLIVER WARE TO SHEW CAUSE &c AND STAYING EXECUTION.

On the petition of Elijah Bacon, of Providence, in the State of Rhode Island:

Resolved, That the said Elijah Bacon cite the same Oliver Ware mentioned in said petition, to appear on the second Wednesday of the next sitting of the General Court, to shew cause, if any he hath, why the prayer of said petition aforesaid, and this order, at least thirty days previous to the same second Wednesday; and that all proceedings by virtue of any execution, issued on the judgment  mentioned in said petition, be in the mean time stayed.

December 1, 1785.“

Pages 849-50  “RESOLVE ON THE PETITION OF ELIJAH BACON, NULLYIFYING A CERTAIN JUDGMENT, AND EMPOWERING HIM TO ENTER HIS APPEAL.

On the petition of Elijah Bacon, of Providence, in the State of Rhode Island, praying that a judgment might be set aside, which was obtained against him by Oliver Ware, of Wrentham, in the county of Suffolk, yeoman, for the sum of One hundred and fifty pounds, eight shillings and six pence, in an action at the Supreme Judicial Court, held at Boston, on the last Tuesday of August, Anno Domini, 1783.

Resolved, That the prayer of the said petition be granted, and that the said judgment, be, and it is hereby nullified; and all proceedings had thereon, and hereby declared void; and said Bacon is empowered to enter his appeal from the judgment of the Court of Common Pleas, held at Boston, in the county of Suffolk on the first Tuesday of July, A.D. 1783, in the action aforesaid, at the Supreme Judicial Court next to be holden at said Boston. And the Justices of the said Supreme Judicial Court are hereby authorized and empowered to proceed in hearing and determining the said action, in the same manner as they might by law have proceeded thereon, had the same been entered at the said Court, on last Tuesday of August aforesaid, and as though no judgment had been rendered by them in favour of said Ware.  February 23, 1786.“

Reference Data:

Acts and Laws of the Commonwealth of Massachusetts by Massachusetts, 1784