Page:American Historical Review, Volume 12.djvu/359

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A New Hampshire Case of ijgi 349 journals of New Hampshire and the decision of the Superior Court give the further history of the case. Walter F. Dodd. Voted that M' Warner, M' Dole and M' Gibson with such of the Honb' Senate as they may join be a Committee to consider of the Peti- tion of Elisabeth M'Clary and report thereon. (Journal of the House of Representatives, June 10, 1790. N. H. State Papers, XXII. 59.) A Vote for a committee to join a committee of the Senate to cnisider of the petition of Elizabeth M'Clary, and report thereon. Was brought up, read and concurred: M' Webster joined. (Senate Journal, June ll, 1790. Ibid., 15.) The Committee on the Petition of Elisabeth McClarey reported that the Petitioner be heard thereon before the General Court on some day in the next Session — On reading said report Motion was made to accept the Same on which motion the yeas and nays were called and are as follows viz. ... 33 yeas — 19 nays — so it was Accepted. Whereupon voted that the Petitioner be heard thereon before the General Court on the Second Friday of the next Session and that in the mean time the Petitioner cause that Nathanael Oilman the Petitionee be served with a Copy of the Petition and order of Court thereon three weeks prior to the Sitting of said court that he may then appear and Shew cause why the prayer thereof may not be granted and that the Execution against the Petitioner be stayed until the decision of the General Court. (Journal of the House of Representatives, June 14, 1790. Ibid.. 67-68.) A Vote to hear the petition of Elizabeth M'Clary on the second Friday of their next Session, and that she cause N. Gilman of New- market [to be served] with a Copy of the petition etc. etc. was brought up, read and concurred. (Senate Journal, June 16, 1790. Ibid., 22.) Upon hearing and considering the Petition of Elisabeth McClarey voted that the prater thereof be granted and that the Petitioner have leave to bring in a Bill accordingly. (Journal of the House of Repre- sentatives, January 14, 1791. Ibid.. 136.) A vote granting the prayer of the pet" of Elis^ McClary and giving her leave to bring in a bill accordingly was brot up read and concurred. (Senate Journal, January 14, 1791. Ibid.. 104.) An Act to restore Elisabeth McClarey to her Law — was read a third time and passed to be Enacted. (Journal of the House of Representa- tives, January 21, 1791, Ibid.. 168.) An Act to restore Elisabeth McClary to her law having been read a third time voted that the same be enacted. (Senate Journal, January 25, 1791. Ibid.. 113.) Upon motion it was objected by the Counsel for the original plaintiff that the Act of the General Court by virtue of which this action was reentered could not entitle the original defendant to a trial by way of