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Various Small
Collections 1
Various
Small Collections 2
Various Small Collections 3
Knox - Maxwell -
Bradshaw -
Wilson -
McCavana - McClements -
McCullough - McGladdery
- Hegarty
T.A. Photos 1951/57/60 -
4 photos -
Gilliland - Lavery Prayer Book
- 5 photos - Ashleigh, Bedford and
Northern Bank
Deniston 1722 -
MacKilligin 1722 - Richard
Martin 1723 - Assorted Names Knox
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1) G.N.R.(I.) National Economy - Mr. Leslie
Knox, 66
Sandymount Street, Stranmillis Road, Belfast
2) American Locomotive Company - Locomotive Hand-Book
3) Plans for the 'Twelfth' Parade
Jack
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Maxwell
to Eileen Keenan, 5 Mission Lane, Larne - Dear Eileen, You are offully
for saying that I will never forgive you.
(I wonder if she ever did? - Mary)
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1) Travel Permit Card for Great Britain, Eire and Northern Ireland Names of
Holder - Miss Mgt.(?) Maxwell
2) Inspector General's Office 4th December 1950 R.U.C. Belfast
3) Margaret Maxwell, Domestic, Larne, 26/12/15,
29 Mill Street,
44 Carson Street, Larne, July 13-1945
4) Stranraer 26 July 1945 - 2 August 1945
5) R. Maxwell, Esq., 44 Parson Street, Larne, Co. Antrim, N. Ireland 16.2.52
(should read Carson)
6) Murphy Radio Limited Hirer 13 Feb 1952
7) Receipts
8) Receipts
9) Regal Cinema Larne Programme March 1944
10) as above
Littlewoods Football Pool Rules Season 1954-1955
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Bradshaw &
Wilson
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1) 22nd March 1951 Postmark Belfast to Miss Ida Bradshaw, 72 Victoria
Gardens, Cavehill Road, Belfast - Thurs. I gave R. 100 envelopes which I
addressed for you & as I've heard nothing from you about them am wondering -
& I also am about a letter if hers wh. came here on 21st & which I
re-directed & went out in the rain & posted. I also rang up Graham Ho?? to
ask if E. had left only to be told her 'phone was out of order. I have that
address on Wandsworth Gardens, but won't go to see E. till I am invited. A.
R. 50 Joanmount Park.
2) 26th March 1951 Postmark Belfast to Miss Ida Bradshaw, 72 Victoria
Gardens, Cavehill Road, Belfast - Sunday Evg. 50 Joanmount Park. Got yr.
card, many thanks about tea on Tues. but am not free. Best to wait till yr.
leaflets come from the printer, send me a card then & I'll give you an hours
help with them then. I saw 'the hair' yesterday & E. really is wonderful. I
am working? a burn? on my right I think - hence queer writing. A.
3) 28th March 1951 Postmark Belfast to Miss I. Bradshaw, 72 Victoria
Gardens, Cavehill Road, Belfast - Wednesday. 19 Wansworth (Wandsworth)
Gardens, Belmont Road, Knock. E. is so much better & able to go out each
day. She says she will put in your R.O.K. leaflets if you will bring them
over about the weekend & have tea here as soon as they arrive - (Bring about
½ the parcel you receive) Time being short before next election its well to
start letters now. I think I must have left behind a tiny brown attaché
case, if so, would you mind bringing it too & let me finish off the coat
lining as you are so busy. If you don't want the second clean little ½ hand
towel I've put away, it would be useful to us here. Thanks for forwarding
letters. R. P.S. I have already written to friends & am keeping letters open
here promising to enclose leaflets - & so has A. so hope they will come
soon.
4) In Memoriam Samuel Wilson Died 29th June 1951. Interred Lisburn Cemetery
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McCavana
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1) Carrickfergus Music Festival This is to Certify that Hilary McCavana was
awarded the First Prize at the Jubilee Gall Carrickfergus. Class 43 Name
Girls Solo (age 10) Adjudicator John C??????? Date 9th May 1958
2) Trinity College of Music, London Student's Certificate Grade 1 (First
Steps) Hilary Ann McCavana Pupil of Miss E. V. Anderson, A.T.C.L. duly
passed in Pianoforte Playing Local Examinations with Merit held at Belfast
in May 1959 On behalf of the Corporation Harold Kenyon Chairman - J. A. ???
Vice-Chairman - Alexander T. Rees Secretary
3) Holywood Musical Festival This Certificate is Awarded to Hillary McCavana
and Beulah Roden as winners of Third Place in Vocal Solo under 17 years.
Leslie D. Paul Adjudicator - J. V. Addyn Chairman - Maureen Barber Hon.
Secretary Date 16th May 1960
4) Trinity College of Music, London Student's Certificate Grade 11
(Preparatory) Hilary Ann McCavana Pupil of Miss E. V. Anderson, A.T.C.L.
duly passed in Pianoforte Playing Local Examinations - held at Belfast in
November 1960 On behalf of the Corporation Harold Kenyon Chairman - J. A.
??? Vice-Chairman - Alexander T. Rees Secretary
5) Trinity College of Music, London Student's Certificate Grade 1V (Junior)
Hilary McCavana Pupil of Miss E. V. Anderson, A.T.C.L. duly passed in
Pianoforte Playing Local Examinations with Merit held at Belfast in
January-February 1962 On behalf of the Corporation M. Greenhouse Allt(?)
William McKie Chairman - J. A. ??? Vice-Chairman - C. A. Cork Secretary
6) This Certificate is awarded by The Belfast Musical Festival to Hilary
McCavana Third Prizewinner, The Nan Shaw Cup, Section A14 in the 1963
Festival Eric Greene Adjudicator - ? ? Armstrong(?)
7) Trinity College of Music, London Student's Certificate Grade V
(Intermediate) Hilary Ann McCavana Pupil of Miss E. V. Anderson, A.T.C.L.
duly passed in Pianoforte Playing Local Examinations -t held at Belfast in
Jan-February 1963 On behalf of the Corporation M. Greenhouse Allt(?) William
McKie Chairman - J. A. ??? Vice-Chairman - C. A. Cork Secretary
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1) Holywood Musical Festival This Certificate is Awarded to Hillary Ann
McCavana as First Prize Winner in Folk Song - Unaccompanied - under 17
years. John Boyd Adjudicator - J. V. Addyn Chairman - Maureen Barber Hon.
Secretary Date 16th May 1963
2) Holywood Musical Festival This Certificate is Awarded to Hillary Ann
McCavana as Second Prize Winner in Folk Song - Accompanied - under 17 years.
John Boyd Adjudicator - J. V. Addyn Chairman - Maureen Barber Hon. Secretary
Date 16th May 1963
3) Holywood Musical Festival This Certificate is Awarded to Hillary McCavana
as Third Prize Winner in Contralto Solo. Ena ???? Adjudicator - J. V. Addyn
Chairman - Maureen Barber Hon. Secretary Date 13th May 1966
4) Holywood Musical Festival This Certificate is Awarded to Hillary McCavana
as Winner of Second Prize in Oratorio. George Guest Adjudicator - J. V.
Addyn Chairman - Maureen Barber Hon. Secretary Date 30th April 1968
5) Holywood Musical Festival This Certificate is Awarded to Hillary McCavana
Winner of Second Place in Grand Opera. George Guest Adjudicator - J. V.
Addyn Chairman - Maureen Barber Hon. Secretary Date 1st May 1968
6) Holywood Musical Festival This Certificate is Awarded to Hillary Shields
as Commended in Vocal Solo British Composers. ? Clinton(?) Adjudicator - J.
V. Addyn Chairman - Maureen Barber Hon. Secretary Date 11th May 1970
7) Holywood Musical Festival This Certificate is Awarded to Hillary Shields
as Winner of Third Prize in Grand Opera. ? ? Adjudicator - J. V. Addyn
Chairman - Maureen Barber Hon. Secretary Date 12th May 1970
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McClements
 
 
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1) name inside W. McClements size 71/8 Hatter A. P.
Dalzell 15 Royal Avenue, Belfast
2) Presented to W. Bro Wm. McClements, P.M. Jany.(?) 1840(?) Masonic Lodge
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McCullough
also McCullough & Logan
Family Bible BMDs
 
   
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1) E. McCullough, The Deanery, Carrickfergus
2) Anne McCullough, The Deanery, Carrickfergus - McCullough, Esq., Scotch
Quarter - St/Nurse McCullough
 
 
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1) James McCullough, Cru-gar-dene(?), Carrickfergus
2) Wm. McCullough, 17 & 19 Talbot Street, Belfast
3) Under the Big Lamp - Historic photographs of the county and town of
Carrickfergus, Sheila Speers of the Ulster Museum
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McGladdery
Licence to carry and have Arms (except Revolver), and Ammunition in a
Proclaimed District
I, Garrett Nagle, R.M. being duly appointed and authorized in that behalf,
do hereby grant to
Joseph McGladdery of 157, 159 Old Lodge Road, Belfast a Licence to have and
carry one gun
and necessary Ammunition, in and upon the Proclaimed District of Belfast.
Dated this 27th day of January 1899
Gun Licence, 10s 0d Joseph McGladdery of 165-167 Old
Lodge Road,
in the Parish of Shankill in the County Boro of Belfast etc. etc.
19th December 1902 M. Townsend
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Hegarty
 
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1) medals of John Hegarty, 22987 Pte. 7th Bn. R. Inniskilling Fusiliers.
2) Ireland's Memorial
Records 1914-1918
Hegarty, David. Reg. No. 1532. Rank, Private, Royal Munster Fusiliers, 9th
Batt.; killed in action, France, March 28, 1916; born St. Nicholas', Cork
Hegarty, Edward. Rank, Acting Captain, Royal Irish Regiment, 3rd Batt.
(attached 2nd Batt.); killed in action, September 3, 1916; decoration, M.C.
Hegarty, Frederick William. Reg. No. 22600. Rank, Private, Royal Dublin
Fusiliers, 9th Batt.; killed in action, France, September 9, 1916; born
Barrow, Lancashire
Hegarty, Hugh. Reg. No. 26491. Rank, Private, Royal Inniskilling Fusiliers,
8th Batt.; killed in action, France, August 2, 1916; born Templemore, Co.
Derry
Hegarty, James. Reg. No. 18. Rank, Rifleman, 12th Royal Irish Rifles; died
of wounds, France, October 15, 1918; born Coleraine, Co. Derry
Hegarty, James. Reg. No. 1818. Rank, Private, Royal Inniskilling Fusiliers;
killed in action, Ypres, October 15, 1918; born Ireland; age 39
Hegarty, James. Reg. No. 3695. Rank, Private, 4th Leinster Regiment; died of
wounds, France, May 5, 1915; born Charleville, Co. Cork
Hegarty, James. Reg. No. 6968. Rank, Corporal, 1st Leinster Regiment; killed
in action, France, May 4, 1915; born Birr, King's Co.
Hegarty, Jeremiah. Reg. No. 6590. Rank, Private, Royal Munster Fusiliers,
2nd Batt.; killed in action, France, May 9, 1916; born St. Ann's, Cork
Hegarty, John. Reg. No. 979. Rank, Rifleman, 1st Royal Irish Rifles; died of
wounds, France, January 16, 1916; born Donegal
Hegarty, John. Reg. No. 2128. Rank, Private, Royal Dublin Fusiliers; died of
wounds, Givenchy, France, December, 1914; born Ireland; age 23; decoration,
1914 Star
Hegarty, John. Reg. No. 2128. Rank, Private, Manchester Regiment, 1st Batt.;
killed in action, France, December 21, 1914; born Kilfree, Co. Roscommon
Hegarty, John. Reg. No. 7982. Rank, Company Quarter-master Sergeant,
Connaught Rangers, 5th Batt.; killed in action, Gallipoli, August 22, 1915;
born Athenry, Co. Galway
Hegarty, John. Reg. No. 17165. Rank, Corporal, Royal Inniskilling Fusiliers,
8th Batt.; killed in action, France, February 28, 1917; born Leck, Co.
Donegal
Hegarty, John. Reg. No. 19731. Rank, Private, 1st Royal Dublin Fusiliers;
killed in action, Gallipoli, August 7, 1915; born Douglas, Co. Tyrone
Hegarty, John. Reg. No. 22987. Rank, Private, Royal Inniskilling Fusiliers,
6th Batt.; killed in action, France, October 3, 1918; born Letterkenny, Co.
Donegal
3) Royal Inniskilling
Fusiliers. Regiment or Corps. Roll of Individuals entitled to the Victory
Medal and/or British War Medal granted under Army Orders
301 & 266.
22950 Pte. Johnstone, Robert 22950
Pte. 10th R. Innis. Fus.
22952 Pte. Maguire, Thomas
22952 Pte. 9th R. Innis Fus.
22953 Pte. Malcolm, David
22953 Pte. 11th R. Innis. Fus.
22957 Pte. McGratton, James
22957 Pte. 7th R. Innis. Fus.
22959 Pte. Noble, Alfred
22959 Pte. 9th R. Innis. Fus.
22960 Pte. Abraham, Harvey 22960
Pte. 10th R. Innis. Fus.
22962 Pte. Doherty, Francis
22962 Pte. 11th R. Innis. Fus.
22971 Pte. Lindsay, Hugh
22971 Pte. 7th R. Innis. Fus.
22972 Pte. Westwood, William 22972 Pte.
9th R. Innis. Fus.
22975 Pte. Crozier, William
22975 Pte. 2nd R. Innis. Fus.
22977 Pte. Williams, Ivan
22977 Pte. 9th R. Innis. Fus.
22978 Pte. Cochrane, John 22978
Pte. 10-10th R. Innis. Fus.
22981 L/Cpl Armstrong, Wm.
22981 Pte. 7th R. Innis. Fus.
22982 Pte. Doherty, Patrick
22982 Pte. 5th R. Innis. Fus.
22984 Pte. Gibbons, George
22984 Pte. 7th R. Innis. Fus.
22985 Pte. Green, Edward
22985 Pte. 7th R. Innis. Fus.
22987 Pte. Hegarty, John 22987 Pte. A/Cpl. 7th R. Innis. Fus. (Letterkenny, see next image)
30th September 1920 Signed W. Gardener Capt. for the Infantry Record
Office, Island Bridge, Dublin
4) -
5) War Diary or
Intelligence Summary 6th Royal Inniskilling Fusiliers, Volume XL October
1918 page 1 :(
6) Medals Index Card
Hegarty, John R. Innis. Fus. L/Cpl 22987 B/102 B18
744
7) In Memory of Private
John Hegarty, 22987 6th Bn. Royal Inniskilling Fusiliers, who died on
3rd October 1918
8) Index No. M.R.16
Vis-en-Artois Memorial, Part Three:-
Heesom, Pte. George, 34455. 2nd/5th Bn. Duke of Wellington's Regt.
13th Sept. 1918
Heffernan, Pte. John,
7280. 2nd Bn. Royal Irish Regt. 27th Sept. 1918. Age 18.
Son of the late John and Kate Heffernan, of Ballingnane, Askeaton, Co.
Limerick
Hegarty, Pte. John,
22987. 6th Bn. Royal Inniskilling Fusiliers. 3rd Oct. 1918
Hellawell, Pte. Willie,
28926. 9th Bn. Yorkshire Regt. 5th Oct. 1918
Heller, Rfn. Davis,
41283. The Rifle Brigade, posted to Artists' Rifles. 3rd Sept.
1918. Age 27. Son of Gabriel and Leah Heller, of 82 Imperial
Avenue, Stoke Newington, London; husband of May Heller, of 36 Fore Street,
St. Mary Church, Torquay. Twice previously wounded
Hellier, Pte. Reginald,
85272. Royal Fusiliers, posted to 1st/3rd Bn. London Regt. (R. Fus.)
24th Aug. 1918
Hellings, Lce. Cpl.
William, 278038. 3rd Bn. London Regt. (R. Fus.). 11th Aug. 1918
Age 24. Son of E. J. and Elizabeth Hellings, of Rackfield, Westford,
Wellington, Somerset
Hemming, Pte. Francis
William Ernest, 55953. 14th Bn. Royal Welch Fusiliers. 18th
Sept. 1918. Age 33. Son of Francis Joseph and Annie Hemming, of
Alywne Lodge, Rickmansworth Road, Watford; husband of Jessie Hemming, of 29
Rudolph Road, Bushey, Herts.
Hemmings, Pte. Ernest
John, 23384. 10th Bn. South Wales Borderers. Killed in action at
Aubencheul-au-Bois 7th Oct. 1918. Age 21. son of Charles and
Annie Hemmings, of 134 Commercial Street, Aber Bargoed, Cardiff
Hemmings, Lce. Cpl. James
William, 7205. 1st Bn. Royal Warwickshire Regt. 1st Sept. 1918.
Age 22. Son of Mr. and Mrs. G. Hemmings, of Ettington,
Stratford-on-Avon
Hemmings, Pte. Stanley
Edwin John, 47100. 1st/4th Bn. York and Lancaster Regt. 13th
Oct. 1918. Age 19. Son of Jesse Martin Hemmings and Jessie
Louisa Hemmings, of 2 Culford Grove, Hackney, London
Hempstead, Serjt. Henry
Arthur, 350134. "B" Coy. 7th Bn. London Regt. 8th Sept. 1918.
Age 22. Son of Alexander and Mary Hempstead, of 16 Sheldon Street,
Paddington, London
Hemsley, Pte. Thomas
Cecil, G.11678. 2nd Bn. Royal Sussex Regt. 23rd Oct. 1918.
Age 23. Son of David and Mary Caroline Hemsley, of 317 Sea Side,
Eastbourne
Henderson, Pte.
Archibald, 153402. 19th Bn. Machine Gun Corps (Inf.). 4th Nov.
1918. Age 20. Son of John and Bessie and Henderson, of 30
Canongate, Jedburgh, Roxburghshire
Henderson, Pte. Robert,
228505. 1st Bn. London Regt. (R. Fus.), attd. 13th Bn. Royal
Fusiliers. 24th Oct. 1918
Henderson, Pte. Thomas
William, 242791. 1st/6th Bn. West Yorkshire Regt. 11th Oct. 1918
Henderson, Pte. William,
276350. 1st/7th Bn. Argyll and Sutherland Highlanders. 27th Aug.
1918
Henderson, Pte. William
Thomas, 48394. 1st Bn. Northumberland Fusiliers. 23rd Aug. 1918.
Age 27. Son of Mrs. Jane Ann Henderson, of 3 Station Street, Haswell,
Co. Durham
Hendley, Dvr. Joseph,
815068. 298th Bde. Royal Field Artillery. 19th Sept. 1918
Hendley, Pte. Walter
Sidney, 205403. 1st Bn. London Regt. (R. Fus.), attd. 2nd/4th Bn.
London Regt. (R. Fus.) 9th Aug. 1918. Age 19. Son of
Walter Charles and Lillie Florence Hendley, of 5 Bear Garden Road, Banbury,
Oxon
Hendon, Pte. Thomas,
254647. 3rd Bn. London Regt. (R. Fus.), attd. 2nd/2nd London Regt. (R.
Fus.). 8th Aug. 1918. Age 18. Son of Mr. and Mrs. J.
Hendon, of 35 Willow Walk, West Green, Tottenham, London
Hendrie, A.B. Thomas,
Clyde Z/4306. R.N.V.R. "Hawke" Bn. R.N. Div. 3rd Sept. 1918
Hendry, Lce. Cpl. Gordon,
S.2283. 7th Bn. Gordon Highlanders. 28th Aug. 1918. Age
24. Son of John S. and Georgina Hendry, of 29 Duthie Terrace, Aberdeen
Hendry, Pte. Thomas,
265332. 7th Bn. The Cameronians (Sco. Rif.). 23rd Aug. 1918
Henley, Pte. John,
303513. 1st/5th Bn. Manchester Regt. 27th Sept. 1918
Henn, Pte. Robert, 15769.
12th Bn. Gloucestershire Regt. 25th Aug. 1918
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T.A. 1951/57/60
CLICK to enlarge
Otley 1951
CLICK to enlarge
Barry Buddon, Scotland 1957
CLICK to enlarge
323 Signal Squadron T.A. (Ulster) Gare Loch Head 1960
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4 framed photos, no information
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John Pelan, who has a gift for finding information has created this
wonderful site and has very kindly researched some of the photos on this
site, here is what he found for the following photo, thank you John,
amazing :)
https://lookups.pelan.org/home/gilliland
    
Presented to Maggie
Gilliland on her marriage, by
her brother. 11th October 1883 Tom Gilliland
whole album was empty except this one photograph which was stuck on the
inside cover along with the inscription.
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Prayer Book and contents belonging to Kathleen
Lavery
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1) Arthur Lavery, 2 Fortwilliam Drive, Belfast, who died 23rd May 1952
2) Alice Dolan, 39 Cavehill Road, Belfast, who died 6th February 1964
3) Mrs. Lavery, 2 Fortwilliam Drive, Belfast
4) To dear daddy, from all your loving children
5) 7th June 1938 To Dear Daddy, Wishing you a Happy Birthday, Peggy
6) Joseph McCusker, 42 Salisbury Avenue, Belfast, who dies 31st July 1944
7) Christmas 1941 To my dearest daddy, from Kathleen with best wishes
8) Joseph M. Bogues, O.M.J. Ordination to the Priesthood and of my First
Holy Mass June 29th and 30th, 1948
9) -
10) To Daddy, From Joan
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1) Souvenir of Patrician Year 1961 Many thanks, J. Byrne, C.C.
2) James Bogues, "Benown" Holywood who died 27th June 1932
3) To Dearest Daddy & Mammy from all your loving children. Xmas 1938
4) Patrick Healy, Martinstown, who died 12th March 1939
5) Kitty Bogues, who died 3rd April 1945
6) Christmas 1939 A Happy Christmas, Kathleen
7) Sarah V. Bartley, 12 Clifton Drive, Belfast, died 8th May 1956
8) To my dear mammy with all my love
9) from your loving Family with Best Wishes Xmas 1943
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1) To my dearest Mother, Wishing her a Very Happy Birthday, Love Kathleen
2) To Daddy & Mammy from Mona 1941
3 & 4) Peter F. Feenan, 31 Shore Road, Belfast, who died 24th August 1940
5) 9.10.83 6 Hampton Drive, Sunnyside Street, Belfast - Dear Kathleen,
I do hope to find you well and your family especially your sister. This note
is to thank you for your gift and also for finding the time to come to our
wedding. We both understand how you must have been feeling and indeed were
honoured to see you there. Please feel free to contact us when you feel the
need, or have the time. Remembering you always in our prayers. Eilis &
Martin
6) To dear Kathleen from Eleanor in rem. of retreat
7) 11.1.63 With love & best wishes for a very happy birthday. Mona
8) Mary P. Nicholl, 16 Waterloo Gardens, Belfast, who died 27th February
1956
9) John Joseph Johnston, who died 10th March 1955
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Pickie Pool, Bangor Photographer P. A. Buchanan & Co.
Ltd., Thornton Heath, Surrey
(clearly says Pickie Pool on front and Pickie Pool, Bangor 1956 on the back
of this photo, maybe a School visiting for the day?)
Portadown photographer
 
maybe says 'McKelvey' on the back
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Ashleigh, Bedford & Northern
Bank
John Pelan, who has a gift for finding information has created this
wonderful site and has very kindly researched some of the photos on this
site, here is what he found for the following photos, thank you John,
amazing :)
Lost Lookups - Ashleigh, Bedford, Northern Bank
Ashleigh House School, Season 1928-29
back row - M. Weir, B. Sayers, B. Orr, J. Weir, M. Steen, M. McCullagh
middle row - D. Mark, M. Brewster (Capt.), L. Burns
front row - D. Collen, M. Patterson
written in pencil - Chas. H. Halliday, Belfast
what a great photo but such a pity there are no names, photographer is Wm.
Salmon(?) 103 High Street, Bedford
second Bedford photo, photographer as above
Northern Bank Staff. First Golf Competition held at Dunmurry 21st March 1913
First Prize Presented by Mr. J. R. Bristow
Photographer A. R. Hogg, Belfast
on back - W.(?) D. Coats, Esq., Northern Bank
Back row - W. R. Gill, J. A. Latimer, H. P. Wilson, W. R. Moore, F.
W. Orr, R. H. Flack, J. W. McClatchie, W. Weir, H. A. Campbell, R. Thompson,
A. E. Williamson, J. A. McCullagh, S. C. Clugston, D. Walker Redmond, W. A.
H. Bethel, J. W. Harrip, Hy. Kiernan, J. L. Ferris, J. W. Chapman
Middle row -
J. Ennis, G. D. Coates, R. J. Douglas, A. Hood, W. T.
Ferris, J. O'Kane, F. C. Wright, W. Greenfield, J. Mitchell, R. Gracey, J.
A. Henry, W. J. White, J. A. Henderson, J. W. Nethery. F. J. Byrne, G. A.
Alister, J. B. McMaster, J. Russell, A. W. Fisher, H. Murphy
Sitting -
A. P. Tibbey, J. Adamson, J. G. Nesbitt, H. J. Blythe, J.
K. Young, J. Martin, W. N. Davison, I. Graham, J. R. Bristow, L. A.
Montgomery, J. A. Newell, W. Edwards, W. R. Hughes, W. Brown, Hugh J. Craig,
G. W. Waddell, W. B. Aiken
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Deniston
Lord Forbes, &c. Appellants. Alexder Denifton, &c.
Refpondts.
The Appellant's Case. To be heard at the Bar of the Houfe of Lords, on
Friday the 22nd Day of February, 1722.
Revers'd Injunction awarded to stop proceedings so long as my Lord
Granard Lives.
George Forbes, commonly called Lord Forbes, in Ireland, Robert Doyne,
and Richd Nutley, Efqrs. Appellts.
Alexander Denifton, Samuel Denifton, and James Thompson. Refpondts.
The Appellants Case.
1678 The late Earl of
Granard, Grandfather to the Appellant Lord Forbes, on the Marriage
of the prefent Earl, Father of the faid Appellant, fettled his
Eftate in Ireland on himfelf for Life; Remainder to the prefent
Earl, the Appellant's Father, for Life; Remainder in Tail to the 1ft
Son of that Marriage.
With a Power in the Settlement for the faid refpective
Earls, to make Leafes for three Lives, or 21 Years in Poffeffion, at
the beft improved Rent, without Fine; and with an exprefs Condition,
that the then prefent Rent fhould not be leffened.
1693 (ok enough with the olde speak, typing it out is
stressful, you get the idea) The said late Earl, in 1693, let
Part of the Estate, called Drumseele, to the Respondent Alexander
Deniston, for three Lives, at 14/. per Ann. for Part of the Term,
with a rising Rent 'till it came to 28/. per Ann. although, at the
Time of the Grandfather's Settlement, they were let for 28/. per
Ann.
6° Anna An Act of Parliament was made in Ireland, which
enacted in the Words following, viz.
"That every Deed or Conveyance (a Memorial whereof shall be duly
register'd, according to the Rule and Directions in this Act
prescribed) shall, from and after the 25th Day of March, in the Year
of our Lord 1708, be deemed and taken as good and effectual both in
Law and Equity, according to the Priority of Time of registring
such Memorial, for and concerning the Honours, Mannors, Lands,
Tenements, and Hereditaments, in such Deed or Conveyance mention'd
or contain'd, according to the Right, Title, and Interest of the
Person or Persons so conveying such Honours, Mannors, Lands,
Tenements, and Hereditaments, against all and every other Deed,
Conveyance, or Disposition of the Honours, Mannors, Lands,
Tenements, or Hereditaments, or any Part thereof comprized or
contained in any such Memorial, as aforesaid: And it is thereby
further enacted,
"That every Deed or Conveyance not register'd, which shall be made
and executed from and after the 25th Day of March 1708, of all or
any of the Honours, Mannors, Lands, Tenements, or Hereditaments,
comprized or contained in such Deed or Conveyance, a Memorial
whereof shall be register'd in pursuance of this Act, shall be
deemed and adjudged as fraudulent and void, not only against such
Deed or Conveyance registered as aforesaid, but likewise against all
and every Creditor and Creditors, by Judgment, Recognizance, Statute
Merchant or of the Staple, confessed, acknowledged, or enter'd into,
from and after the 25th Day of March aforesaid, as for and
concerning all or any of the Honours, Mannors, Lands, Tenements, or
Hereditaments, contained or expressed in such Memorial register'd as
aforesaid.
In 1715 The Price of Lands being risen, and the said Premisses
being of far greater Value that the said Rent, the said Respondent
procured a Lease from the said Appellant's Father, dated Dec. 13,
1715, to be made to the Respondent for three new Lives, at 30/. per
Ann. and the Lease of 1693 was then surrender'd.
But this new Lease was not register'd, as required by
the said Act.
The present Earl being greatly in Debt, the Appellant
Lord Forbes, out of his Duty to him, agreed to pay the same; and by
Deeds of Lease and Release, dated the 16th and 17th of September
1717, in Consideration of the Sum of 6670/. thereby agreed to be
paid by the said Appellant, to and for his said Father's Debts
therein mention'd; and of securing to him a Rent-Charge of 700/. per
Ann. and also 400/. per Ann. to the present Countess of Granard
during his Lordship's Life, and an Annuity of 100/. per Ann. to one
Melvil, and several other Charges on the Estate, the said Earl
convey'd all his said Estate to the Appellants Robert Doyne, and
Richard Nutley, in Trust for the Appellant Lord Forbes.
Which Sums and Charges were a full and valuable
Consideration for the said Earl's Estate for Life.
And this Conveyance was immediately afterwards
registered according to the Directions of the said Act.
When the Appellant looked into the Estate, he found the
Lease obtained by the Respondent in 1715, was set at a very great
undervalue, and not warranted by the Settlement, nor register'd; and
therefore the Appellant Lord Forbes ordered an Ejectment to be
brought, and upon a Tryal at the Assizes in 1719, a special Verdict
was found, and returned into the King's-Bench in Ireland, and in
Michaelmas Term 1720, Judgment was given for the Appellant.
The Respondents, after this, filed a Bill in the Court
of Chancery in Ireland, setting forth the Proceedings aforesaid, and
prayed to be establish'd in the Possession of the Premisses under
the first Lease of 1693, or the last Lease made in 1715; and
pretended the Appellants, or Richard Stewart as the Appellants
Receiver, had Notice of the Lease before the Appellants said
Purchase.
To which Bill the Appellants, and the said Richard
Stewart, put in their Answer, and thereby fully deny'd all Fraud
charg'd in the Bill, or that any of them had any Notice of the
Respondents Lease; and insisted the first Lease was surrendered, and
that the second was not warranted by the Powers in the Settlement,
and was made at a great Undervalue; and that by the said Act the
same was fraudulent and void against the Appellant Lord Forbes, who
was a Purchaser for a valuable Consideration, and that the Appellant
had obtained Judgment at Law on a special Verdict.
Decree 14 Feb. 1721, Notwithstanding which, and altho' the
Appellant fully proved in the Cause, that he had paid and secured on
his said Father's Account 8199/. 14s. and made good all the
Considerations in the said Deed, yet the Lord Chancellor in Ireland,
upon the Hearing, decreed, that a perpetual Injunction should be
awarded from Time to Time, to stay the Appellants proceeding against
the Respondents at Law, during the Continuance of the said last
Lease; and also decreed the Appellants to pay Costs.
And declared it was a fraudulent Purchase in the
Trustees who bought the Estate for the Appellant Lord Forbes, they
having full Notice of the Respondents Leases; whereas there was no
Ground for such Declaration, Notice being expressly and fully denyed
by all of them, and there being no Proof of Notice against any of
them, and altho' the said Lease was made void by the Act of
Parliament for want of being registered.
And since the Decree, the Trustees, who are no
otherwise concerned than as Trustees, are served with Subpena's to
pay Costs, tho' they submitted to the Directions of the Court, and,
as such, ought to have had their Costs.
That the Appellants have therefore appealed to your
Lordships from the said Decree.
1st. For that there was no Colour of Equity to support the
said Lease contrary to the Act of Parliament, and against the
special Verdict obtained by the Appellant Lord Forbes upon a fair
Trial.
And if there had been, yet the Injunction ought only to
be continued during the Appellant's Father's Life; for the Appellant
insists, (as in Fact it is) that the same is a void Lease against
the Appellant as Tenant in Tail, the fame being made contrary to the
Powers in the said Settlements for granting of Leases.
2dly.
Because this Decree is against the plain Words and Intent of the
said Act of Parliament, which makes prior Conveyances, not
registered, fraudulent and void against subsequent Conveyances,
(which are registered) as well in Equity as at Law, especially in
this Case, when the Appellant the Lord Forbes is a Purchaser for a
valuable Consideration.
3dly. because if a Court of Equity could controul an Act of
Parliament, there is no Ground for doing it in this Case, the
Appellants, or any Person concerned for them, having no Notice of
the Pease, not having been guilty of any Fraud whatsoever.
4thly. Because Judgment was given at Law in the Cause before
the amended Bill was filed, and that upon a special Verdict, which
sets forth all the Respondents could insist on in a Court of Equity;
and therefore it is humbly conceived, that if the Respondents were
relievable in a Court of Equity, they are too late, after they had
made all the Defence they could at Law, and put the Appellant, the
Lord Forbes, to a great Expense in obtaining the said Judgment.
5thly. 2° Anna. Tho' all Persons are Parties, and privy to
Acts of Parliament, yet, that no Person might pretend Ignorance of
the Register Acts, they are, at every Assizes, and every General
Quarter Sessions in each County, to be publickly read, and have been
so, pursuant to an Act then passed.
For all which, and many other Reasons, it is humbly
hoped this Decree will be reversed, and the Appellants left at
Liberty to have the Benefit of the Judgment they obtained at Law,
and that the Bill brought by the Respondents shall be dismissed with
Costs.
Rob. Raymond. Tho. Lutwyche.
The Hon. George Forbes commonly
called Lord Forbes, Rob. Doyne and Rd. Nutley, Esq. Appellants.
Alexander Denniston, Samuel Denniston & James Thompson. Respondents.
The Respondents Case. To be Heard at the Bar of the House of Lords on
the of February, 1722.
The Respondents Case.
Arthur late Earl of Granard, by Lease bearing Date on or about the
Day of in the Year 1693, did Demise unto the Respondent
Alexander Denniston and one Robert Hasard, and their Heirs, the
Lands of Drumeele, Carro, Eukinoutragh, Corgarogh, and Breghny, in
the County of Lonford in the Kingdom of Ireland, for Three Lives;
Viz. The Lives of the Respondent Alexander, of the said Robert
Hazard, and of John Hazard, Son of the said Robert Hazard, at the
Yearly Rent of 15/. for the first Seven Years, 22/. per Annum for
the next Seven Years, and 28/. per Annum for the Remainder of the
said Term, if the said Persons so long lived.
By Virtue of the said Lease, the Respondent Alexander
and the said Robert Hazard, entred into and possessed the said
Lands; and sometime afterwards, the said Hazard assigned over all
his Interest and Right to the Moiety of the said Lease unto one
Wallace, who assigned unto the Respondent Alexander by means
whereof, he became intituled unto the said Lease, and soon after,
demised Part of the said Lands unto the Respondent Samuel Denniston,
and other Part he also demised unto the Respondent Thompson and the
said Respondents being so possessed of the said Lands, laid out and
expended in Buildings, Ditching, Draining, and other lasting
Improvements, upwards of 600/.
The said Arthur now Earl of Granard, upon the Death of
his Father, the said Arthur late Earl of Granard, being intituled to
the Reversion of the said Lands, and knowing the Respondents to be
industrious, improving Tenants, and that they had considerably
improved the aforesaid Lands, and the Respondents being inclined to
make further Improvements on the said Lands, and to settle their
Families there, did, in the Year 1715, apply unto the said now Earl
of Granard to have the aforesaid Lives of Robert Hazard and John
Hazard changed for Two other Lives to be named by the Respondents in
their Stead, and to have their Leases renewed accordingly; And the
said Earl, in Compliance with the Respondents, and in Consideration
that the Rent should be advanced to 30/. per Annum; And that the Old
Lease should be surrendered, did, on or about the 13th Day of
December, 1715, make a New Lease to the Respondents and their Heirs,
for and during the Life and Lives of the said Alexander Denniston,
and of Andrew Denniston, Second Son of the said Alexander, and of
Edward Denniston, Son of the said Samuel Denniston, at the Yearly
Rent of 30/.
The said Earl of Granard, being indebted unto several
Persons (and being then actually possessed of an Estate, at least,
of the Yearly Value of 1500/. and of a Reversionary Interest of
other Lands of the Yearly Value of 900/.) and being minded to have
his said Debts discharged, a Treaty was set on Foot upon the
Application of Richard Stewart, Esquire, Brother in Law to the
Appellant the Lord Forbes, who is the Son and Heir of the said Earl
of Granard, for an on behalf of the said Lord Forbes, in order to
pay off and discharge and said Debts: In Consideration whereof, and
of a Yearly Sum to be paid the said Earl, it was proposed, That the
said Earl would convey all his Estate aforesaid to the Appellant the
Lord Forbes, and while the said Appellant was depending, the said
Stewart had a Rent-roll, or an Account of the Yearly Value of the
said Earl's Estate, then in his Possession, amounting to 1500/. per
Annum as aforesaid, given to him, wherein was inserted the said
Lease made to the Respondents, and the Rent reserved thereon; and
the said Stewart observing the Yearly Rent of the said Estate, and
the Value of the Purchase thereof, during the Life of the said Earl
of Granard, did come to an Agreement with the said Earl, whereby the
said Earl, by Deeds of Lease and Release, bearing Date respectively
the 16th and 17th Days of September, 1717, in Consideration of 748/.
in Hand paid, and of a Yearly Annuity of 700/. and other
Considerations in the said Deed mentioned, did convey all his Right,
Title, and Interest of, in, and to the said Lands, and other his
said Estates, both in Possession and Reversion, in the Kingdom of
Ireland, unto the said Appellants Robert Doyne and Robert Nutley, In
Trust for the Appellant the Lord Forbes; and the said Richard
Stewart, after the said Agreement and Conveyance, as Agent or
Receiver for the said Appellant the Lord Forbes, did, at different
Times, actually receive the said Rent of 30/. per Annum from the
Respondents, and gave his Receipts for the same.
The Respondents residing at a great Distance from the
City of Dublin, and being totally ignorance of an Act passed in
Ireland the 6th Year of Queen Anne, Intituled, An Act for the
Publick Registering of Deeds, &c. as also of all said Transactions
between the said Earl of Granard and the said Richard Stewart, did
not Register their said Lease until the said Richard Stewart had
first Registred the said Conveyances from the said Earl of Granard,
in Trust for the Appellant the Lord Forbes.
The Appellant finding the Respondents said Lease was
not Registred Prior to the said Conveyance, in the Year 1719.
brought their Ejectment against the Respondents, with Intent to
deprive them of the Benefit of their said Lease; on which there was
a Tryal in Hillary Vacation, 1719; And the Verdict being found
Specially, and the Respondents being advised, That their proper
Relief was in a Court of Equity (for which Purpose, they had
Exhibited their Bill in Chancery) they did not joyn in arguing the
said special Verdict; so that Judgment was given against the
Respondents in the King's Bench in Michaelmas Term 1720.
Bill Filed by Respondents 20th April 1720. The
Respondents being advised, as aforesaid, That they were intituled
unto Relief in a Court of Equity, notwithstanding the aforesaid Act
of the 6th Anne, in Regard it was only made to prevent fraudulent
dormant Conveyances, the Respondents Filed their Bill in the Court
of Chancery in Ireland against the now Appellants, and also against
the said Earl of Granard and Richard Stewart, and others; thereby
setting forth all the aforesaid Matters, and insisted, That the
Appellants and the said Richard Stewart had full Notice of the
Respondents Lease obtained in 1715, Prior to the Execution of the
said Deeds of Conveyance to the Lord Forbes, and prayed the Aid and
Injunction of the said Court to quiet the Respondents in their
Possession of the afore-mentioned Lands under the said Lease.
21 Feb. 1720, Earl Granard's Answer. The Earl of Granard out
in his Answer to the said Bill, and thereby confessed the Lease made
unto the Respondents in 1715, and looked upon the same to be a good
Lease, and that it was his Intention, That the Respondents should
hold the said Lease for the Term thereby granted; and that he
believed, That the said Richard Stewart had before the Agreement
made with the said Earl, a Rent-roll of the said Earl's Estate given
to him, in which was inserted the Respondents Lease; And the
Appellant and the said Richard Stewart having also answered the said
Bill;
The Respondents, by Order of Court, amended their Bill,
and thereby insisted, That they might either have the Benefit of
their said Lease in 1715, or might have the Benefit of the said Old
Lease made as aforesaid in the Year 1693; All the Lives for which
the same was granted being still in Being.
12, 14 Feb. 1721, Hearing. The Appellants, and the said
Richard Stewart having answered the said amended Bill, the said
Richard Stewart by his said Answer, did confess he was in general
informed, That the Rents of the said Earl's Estate amounted unto
1500/. or thereabouts, before the Perfection? of the said Conveyance
in Trust for the Appellant the Lord Forbes; and several Witnesses
being examined, and the said Cause being at Issue, was heard before
the Lord Chancellor of Ireland the 13th and 14th of February 1721;
and it then appearing by the Proofs in this Cause, That the said
Earl's Estate in Possession at the Time of the said Agreement was of
the Yearly Value of 1500/. and upwards, and the Estate in Reversion
(which has since fallen in) is of the Yearly Value of 900/. and that
at the Time of the Respondents taking the said Lease from the Earl
of Granard in 1693. the Rent then reserved by the said Lease was the
full Yearly Value of the said Lands, and that before the obtaining
the new Lease made in 1715, the Respondents had expended in
Building, and in Draining, and Ditching, and other Improvements on
the said Lands, upwards of 500/.; and that they had also since
obtaining the said new Lease, made several lasting Improvements; and
that if the said Lands were not lett, and that none of the said
Improvements had been made thereon, the same would not yield more
than 30/. per Ann. And it also appearing, That the Respondents had
all along continued in the Possession of the said Lands, and no
Fraud appearing in them, whereby the afore-mentioned Act could
affect them; but, on the contrary, it appearing, That the said
Richard Stewart had Notice of the Respondents Lease in 1715, Prior
to his entring into the Agreement with the said Earl of Granard, The
Lord Chancellor, did declare, "That the Conveyance made unto the
Appellants by the Earl of Granard, was prepared and advised to
destroy the Leases of the Premisses that were not registered,
although there was full Notice that the Leases were just and honest,
and could not be avoided any other way, than upon the Registry Act,
which was made to prevent Frauds, and not to support them; for which
Reason it was plain and said Conveyance was fraudulent against the
Tenants, though done without the Intention of the Earl of Granard or
the Appellant Lord Forbes, as appears in the Cause; and declared the
said Conveyance Void in itself, as to the Tenants; and his Lordship
would not make a Decree, but recommended it to the Appellants to
establish the Respondents Lease in 1715; and in case they would not
agree, his Lordship would, on Application, give his Judgment."
Decree, 17 Feb 1721. And his Lordship being then moved
for his Judgment, was pleased to declare, "That the Purchase made by
the Appellants Doyne and Nutley, and also the said Richard Stewart,
In trust for the Appellant Lord Forbes, was a Fraudulent Purchase,
as to the Respondents; the said Appellants and the said Richard
Stewart having full Notice of the Respondents Leases; and did
therefore Order and Decree, That a perpetual Injunction should be
awarded to stay the Appellants Proceedings at Law against the
Respondent during the Continuance of the Lease, bearing Date the
13th of December, 1715; and the Respondent to enroll a Decree, with
Costs."
From which said Order and
Decree the Appellants have appealed unto Your Lordships; But the
Respondents are advised, and do humbly Hope, That the said Decree is
Just; Among many others, for the Reasons following.
First - Because the Registry-Act was made for the Benefit of fair
Purchases and Creditors, against Fraudulent and Dormant Deeds; and
so it appears by the Preamble thereof, and never was intended to
prejudice any Deed or Lease fairly obtained, where actual Possession
went alway with it.
Secondly - Because the said Stewart, who acted for Lord Forbes, had
Notice of the Respondents Title and Possession, and was fully
apprized of the Condition, Circumstances and Value of the Estate
before the said Conveyance to Doyne and Nutley was executed.
Thirdly - Because no more was intended to be conveyed to Lord Forbes
but the Rent and Reversion during Lord Granard's Life; and the
Yearly Value of the Estate at that Time, according to the Rents
reserved upon the several Leases under which the Tenants were in
Possession, was the Occasion of the Consideration-Money given by
Lord Forbes; and upon that Foot, that he had a very beneficial
Bargain, the yearly Rents of the Estate then in Possession,
amounting to 1500/. a Year. or better; besides an Estate in
Reversion since fallen in, of the Yearly Value of 900/.
Fourthly - Because Mr. Stewart, who was Agent to Lord Forbes, and
his Trustees, received from the Respondents several Sums of Money
for Rent accrued, after the said Conveyance to Nutley and Doyne was
executed, and gave Acquittances for the same which the Respondents
are advised, amounted to an Agreement, that their said Lease should
stand, or to a Confirmation thereof.
Fifthly - Because if the Registry of Lord Forbe's Deed, after his
having had full Notice of the Respondents Lease, and receiving Rent
thereupom, as aforesaid, should be a Means to avoid the Respondents
Lease, for no other Reason but because it was not Registered, then
the said Act of Parliament, instead of suppressing Fraud, would be
made Use of to establish Frauds, and to ruin a Number of Honest,
Industrious Tenants in Ireland.
Wherefore the Respondents
humbly Hope, That the said Decree shall be Affirmed, and that the
said Appeal shall be dismissed with Costs.
Sam. Mead. C. Talbot.
Kenneth Mackenzie and others, Appellants.
Mr. John and Mr. Daniel Mackilligin,
Respondents.
The Respondents Case.
To be heard at the Bar of the House of Lords the 6th Day of February
1722
Kenneth Mackenzie, Brother of George Mackenzie of Balmuckie;
Roderick Mackenzie Younger of Reidcastle; Lewis Mackenzie his
Brother; Donald Mackenzie of Kilcowie; John Chisholm of Knockfin;
and Archibald Chisholm his Brother; Appellants.
Mr. Daniel Mackilligin, Minister of the Gospel at
Allnes, and Mr. John Mackilligin his Brother, Respondents.
The Respondents Case -
Upon Monday the 10th of October, 1715, the Appellants, with a Party
of armed Highland-men under the Command of the late Earl of
Seaforth, came to the said Village of Aines, and continued there
till Saturday the 15th, during which they took possession of the
Houses of the Respondents carried off a great part of the Household
Furniture, and cut and destroyed the rest; carryed off, or tore and
destroyed, all the Respondent Daniel's Books, and likewise a Library
of Books belonging to the Presbytery of Dingwall, and likewise two
parochial Libraries, of all which the Respondent Daniel was the
Keeper; destroyed all their Corn, and cut and destroyed the
Planting, and every thing of any Value that could there be found
belonging to either of the Respondents, who were upon the approach
of the said Rebels obliged to fly for their own Safety, and live
private for some time, and could not return to their Houses for
above five Months.
The Respondents having thereby suffered very great Loss
and Damage, the Respondent Daniel in his own Right, and by virtue of
Letters of Attorney from the said Presbytery, and the other
Respondent John, brought their Action before the Lords of Session
against the Appellants, called an Action of Spulzie, for
satisfaction of the Damages they had sustained, and which had been
occasioned by the Appellants.
After several Delays given by the Appellants, they
pleaded not guilty in general; and it was insisted upon particularly
by the Appellants Roderick and Donald Mackenzies, that they were
alibi the time the said Spulzie was committed, and Damage suffered;
and of consent a Commission was given for examining Witnesses, by
the Respondents to prove their Libel, and for the Appellants, to
prove the particular Defences insisted on by them.
Several Witnesses were examined on behalf of the
Respondents, but the Appellants did not examine one Witness; and by
these Depositions it plainly appeared the Appellants were with the
said Highlanders in Arms, and that several of the Appellants were in
the Respondents Houses, and committed great Outrages; particularly
the Appellant Roderick took several of the Women in the said Village
of Ailnes, put Flax about them, and threw them into a Pit, in order
to burn them; and that several things libelled were carried off and
damnified.
The Cause coming to be heard, the Appellants made
default; but the Judges having heard and considered the Depositions
in the Cause, they pronounced the following Interrogatory:
"They found it proven, that at the time libelled, a
Party of Rebels, which were then under command of the late Earl of
Seaforth, came to the Town of Ailnes, within which the Pursuers,
Masters John and Daniel Mackilligins Dwelling-houses are situate;
and that the said Party continued there several Days; and that by
the said Party the Pursuer Mr. Daniel's House was plundered, his
Doors, Trunks and Chests broken up, and his Books and the Plenishing
and Furniture of the House carried off and destroyed; and that his
growing Corns, his Corns in the Barn and Barn-yard, and his Peets
and Herbage of his Yard, were also consumed or destroyed by the said
Party. And also found proven, that at the said time, and by the same
Party, Mr. John Mackilligin Pursuer his House was riffled, his
Plenishing carried off, his Corns, Peets and Planting destroyed, and
his Bee-hives and the Locks and Doors of his House carried off; and
found proven, that Roderick Mackenzie of Reidcastle, Ludowick his
Brother, John Chisholm of Knockfin, Archibald his Brother, William
Ross in Parkhill, Donald Mackenzie of Kilcowie, Kenneth Mackenzie
Brother to Balmuckie, and Kenneth Mackenzie of Muirton, were all of
the said Party; and found the Defense of alibi not proven; and also
found that the aforesaid Qualifications proven are relevant to
infer, that the Defenders above names were art and part in the
Commission of the above Spulzies; and that they are therefore
liable, conjunctly and severally, in solidum, for the Damages which
were thereby done to the said Mr. John and Daniel Mackilligins
Pursuers; and remitted it to the Lords Polton and Pencaitland, then
next Weeks Ordinarys, on the Witnesses or to either of them, to take
the said Mr. Daniel's Oath in litem, on the Particulars and
the Extent and Value of his Damages, and on the violent Profits.
The Respondent Daniel having been examined before the
said Judges, swore that there was spulzied, damnified and destroyed,
and taken away from him, the time libelled, the Particulars
contained in an Inventory by him then exhibited, which were of the
particular Values there also mentioned, extending in the whole to
2362/. 10s. Scots.
25th July 1721. That upon the Appellant's Petition the Cause
was reheard, and the Lords of Session affirmed their former Decree,
and afterwards upon the 28th of the said Month of July, the said
Lords have considered the Inventories referred to by the Respondent
Daniel in his Oath, and having advised the said Oath, they found the
Defenders liable, conjunctly and severally, to the said Mr. Daniel
Mackilligan, for the Values of the Books in the two Inventories
produced, and also for the Sums in the Inventory of the Goods
spulzied from the said Mr. Daniel; extending in all to the Sum of
2482/. 12s. Scots, and for the Interest of the said Sum from the
16th Day of October 1715. years, and in time coming, during the not
Payment, deducing as is deduced in the above Calcull, the Values of
the Books which the said Mr. Daniel expects to get back; and also
found the Defenders liable to Mr. Daniel for the Expence of this
Process, and for his personal Expence in attending, in so far as the
same should be found necessary or reasonable; and remitted to the
Lord Polton, who was Ordinary in the Cause, to liquidate the Expence
of the Process according to Regulations, and to modify the personal
Expences: And the said Lord Ordinary taxed the Respondent Daniel's
Costs at 645/. 9s. 4d. Scots, (About 53/. Sterl.) and decreed the
Appellants to pay the same.
29th July 1721. That the Appellants by petition applied
against these Interloquitors; but the said Lords refused the Desire
thereof.
That the Respondent John being examined upon a
Commission, swore to the Particulars he had lost, and the Value
thereof; and the said Judges pronounced another Interloquitor of the
same Nature in the said John's Cause, and decreed the Appellants to
make him Satisfaction for the Sum of 1279/. 7s. Scots, (about 106/.
Sterl.) with Interest, and his Costs were taxed to the Sum of 134/.
16s. Scots. (About 11l. Sterl)
That both these Decrees were regularly enrolled or extracted,
and thereupon the Appellants brought their Action in the Nature of a
Bill of Review, to reduce and set aside the said Decrees; and upon
hearing of this Cause, the Lords repelled the Reasons of Reduction.
224th July 1722. That the Appellants petitioned against this
Interloquitor, but their Lordships refused the Desire thereof.
31st July 1722. Against these several Decrees the Appellants
have brought their Petition and Appeal, and pray the same may be
reversed.
Objection I. That whatever Damage the Respondents might have
sustained there was no proof, the same was occasioned by means of
the Appellants, or that either of them took any of the Respondents
Goods, or gave any Orders for so doing; it were therefore
unreasonable to load them with making Reparation for what Damage the
Respondents sustained.
Answer I. That it appears by the proofs in the Cause, that all
the Appellants were present in the Village of Alnes, with the armed
Highlanders; that severals of them were in the Respondents Houses at
that time; that during the time the Appellants and the Rebels were
there, the Respondents Houses were by the said Rebels plunder'd, and
everything therein carried off and destroyed.
II. These Facts being established, the Decree against the
Appellants must be just; for where a Number of Men commits Violence
it may be very difficult, (nor indeed is it necessary) to prove the
particular Persons who destroyed or took away the Goods; it is
sufficient to prove the Injury and Damage was done by such a Party,
and that the Appellants were of that Party, and that is sufficiently
proved by a multitude of Witnesses.
Objection II. That there is no other Proof of the Value of the
Respondents Damage but their respective Oaths in litem, which
was an Indulgence they did not so much as pray to be allowed by
their Libel, and consequently must avoid the Decree as being
ultra petita, especially since the Suit was not commenced soon
after the Damage done.
Answer I. An Oath in litem is by Law of Scotland as
much the determined Method of Proof, where a Spulzie is libelled as
Writ or Witnesses in any other Case, and indeed in most Cases of
that nature, any other Proof is impossible; and no Man is obliged in
his Libel to set forth the Method of his Proof, and consequently
this Decree has proceeded regularly, and according to the usual
Forms in such Cases.
II. The Suit was commenced in May 1718, which will avoid any
Objection from a Delay.
Objection III. The Decree gives the Respondents Interest for
their several Demands, tho' no such thing was prayed by them in
their Libel, and that Interest commences from the 15th of October
1715, though in the Libel the Charge is, that the said Facts were
committed on one or other of the Days of September, October,
November, December, January or February, of the said Year.
Answer I. That the libelling of a Spulzie in its own Nature
implies violent Profits, i.e. (the highest Profits which could have
been made of the thing violently carried away) Damages and Expences,
that is, where the Nature if the thing spulzied admits violent
Profits, they are decreed; otherwise the Judges decree Interest, and
the Decree has been very indulgent to the Appellants in decreeing
Interest only, for certainly the Respondents must have sustained
much greater Damage, and their Demand thereof was actually libelled.
II. It appears by the Proofs, that the Rebels came to the
Village of Alnes on Monday the 10th, and continued till Saturday the
15th of October, during that time the Damage was done, it was then
regular to decree Interest from the 16th of October, since before
that time the Damage was done.
Objection IV. That the Respondent Daniel has not only by his
Oath put a Value upon his own Goods, but upon the Library belonging
to the Presbytery of Dingwall, tho' it does not appear these Books
were in his Custody.
Answer. It is plainly proved these Books were in his Keeping,
and the Value he puts upon them is the Value that was put upon them
by the Synod, and is contained in the Extract of the Inventory of
the said Books given to him by the Synod Clerk when the Books were
committed to his keeping, and at which Value he himself must have
been liable, if they had been lost through any Default of his.
Objection V. That the Appellants are decreed jointly and
severally to pay to the Respondents their Damages, though it was not
prayed by their Libel.
Answer. A Spulzie being libelled against several Persons, it
imports their being liable jointly and severally; for since they
were all accessary to the Wrong, the Judgment was rightly
pronounced, and the fame is particularly so libelled.
Objection VI. That the Respondent Daniel had Allowance for the
Costs of both Suits; and his personal Expence in attending the same;
and yet by the Decree in favour of the Respondent John, he is
likewise allowed his Costs, so that the Appellants were subjected to
a double Payment of Crofts.
Answer. The Respondent John has no Allowance for Costs, but
such as were not part or nor allowed to the Respondent Daniel, and
therefore the Appellants are not liable to a double Payment.
Since then the Respondents were, by the Appellants and their
Accomplices when they were in Arms against his Majesty, obliged to
fly from their own Houses; since during the time they were in the
said Village of Alnes, the Respondents Houses were rifled by such
Rebels, all his Goods, Furniture and Books were either entirely
taken away or damnified; their Meal, Corn, &c. destroy'd or carried
off. Since the Appellants were accessary to so great Injustice, the
Respondents humbly hope the Lords of Session have made them but the
just and usual Allowances in Cases of Spulzie, (and indeed less than
the half of the Expences they were out of Pocket) that the
Interloquitors and Decrees complain'd of shall be affirmed, and the
Appeal dismissed with exemplary Costs.
Ro. Dundas. Will. Hamilton.
Richard Martin
The Right Honourable George, Lord St. George, in the Kingdom of
Ireland, and Henry Sullivane, Appellants.
Rich. Martin, Respondent.
The Appellant's Case to be heard at the Bar of the House of Lords,
on Wednesday the 10th of February.
The Appellant's Case
87. That William, late Earl of
Clanrickard, being (inter alia) feifed? in Fee of the Quarter of
Land called Ardnessellagh, Gortervilla, and Rinerune, did, in 1687,
demise the same, amongst divers other Lands, to Gerrard Dillon, Esq;
for the Term of 81 Years; commencing the 1st of May, 1687, in Trust
for Bryan Flaherty the Elder, and Morragh his eldest Son, and their
Assigns.
? 1688. That the said Dillon, by Deed made between himself of
the first Part, the said Bryan Flaherty of the second, and the said
Morragh of the third Part, declared the said Trust.
?1689. That the said Morragh intermarried with Christian
Lovelock, and dyed, leaving Issue by her Michael Flaherty, his
eldest Son, and two Daughters; and Michael, upon the Death of his
grandfather, the said Bryan the Elder, and Morragh his Father, who
respectively dyed Intestate, became intitled to, and possessed of
the Premisses, by vertue of the said Tripartite Deed, and dyed in
His Infancy, Intestate, and without Issue.
Christian took out Letters of Administration to said
Morragh, her late Husband, and Michael her Son; by vertue whereof,
the rest and residue of the said Term vested in her, and the
possessed herself thereof.
That soon afterwards, the said Christian intermarried
with Theophilus Perse, and she and said Perse demised said Premisses
(inter alia) to the Respondent, and his Brother Doctor Thomas
Martin, for a Term of Years, which determined 1st May, 1718.
1700. Theophilus Perse, and Christian his Wife, by two several
Deeds, one dated in 1695, and the other in 1700, in Consideration of
the Sum of 350/. to them paid by Bryan Flaherty the Younger, second
Son of Bryan Flaherty the Elder, and Defendant in this Cause, in
Ireland; conveyed the rest and residue of the said Term to the said
Bryan Flaherty the Younger, his Executors, Administrators and
Assigns.
That Thomas Lynch, Esq; in the Year 1717, brought his
Ejectment for Recovery of the Premisses (inter alia) grounded upon
an old Deed of Mortgage, which he had, or pretended to have from
Richard, late Earl of Clanrickard, eldest Son of the said Earl
William, and the Respondent Richard martin, and his said Brother
(Uncles to the said Lynch) took on them the Defence; and upon
Application to the Court, the said Bryan Flaherty the Younger, was
admitted to joyn with them in the defence. But the Term and Interest
of the Respondent, and his Brother, determining in May, 1718, they,
upon further Consideration, withdrew their defence.
May 1718. The Title of the Respondent, and his Brother, being
determined, they gave up the Possession to the said Bryan Flaherty,
of all the Lands held by them; and the Respondent, by an Instrument
of his own hand Writing, ordered the Tenants of Garrumna, being Part
of the demised Premisses, to give said Flaherty Possession. Which
was accordingly done.
2nd June. 1718. And by other Letters writ by the Respondent,
the Possession of all the rest of the Lands held by him, and his
brother, were given up; and the said Bryan demised the Lands of
Gortervilla, Rinerune, to the Appellant Sullivane, for a Term of
Years, to commence the 1st May, 1719, who entred and possessed
himself thereof.
May 1719. The Appellant, Lord St. George, and said Bryan
Flaherty the Younger, came to an Agreement; by which the said Bryan
was to demise the Quarter of Ardnessellagh to the Appellant, Lord
St. George, for a Term of 11 Years, to commence 1st May, 1719; by
Vertue whereof, said Appellant entred on the said Premisses, on or
about the 1st of May, 1719, and became possessed thereof.
After Term ?19. The said Lynch obtained Judgment in Ejectment,
by Default (inter alia) for said Lands of Ardnessellagh,
Gortervilla, and Rinerune.
June 1719. And an Here' fac' Possession' issued; and on the
11th of June, 1719, the Sheriff of the County of Gallway, where the
Lands lye, gave Possession to Lynch, by delivering him a Clodd of
Earth; but did not dispossess any of the Tenants of the Premisses.
June 1719. The Respondent filed his Bill in the High Court of
Chancery, in Ireland, for a Specifick Execution of an old and latent
Minute of Agreement, executed by the Defendant Lynch about Forty
Years before, whereby said Lynch promised to make a Lease of the
Quarter of Ardnessellagh aforesaid, and the Three Quarters of Glann,
(whereof Gortervilla and Rinerune are Half a Quarter) for a Thousand
Years, at 20/. per Ann. if the said Lynch's Mortgage should so long
subsist; to which the said Lynch, and Bryan Flaherty were made
Parties; but neither of the Appellants were made Parties, tho' at
the Time of the filing the Bill, they were in actual Possession of
Part of the Premisses.
7th of May 1721. Hearing. That this Cause was heard before the
Lord Chancellor of Ireland, on the 27th of May, 1721; and altho' it
was neither alledged by the Respondent's Bill, nor in Issue in the
Cause, that Respondent was dispossessed by Virtue of the said Here'
fac' Possession'; yet the Lord Chancellor was pleased to decree.
7th May 1721. Decree. That the Respondent shall have a
specifick Execution of the Article dated 7th April 1687, from the
Defendant Lynch, and a Master to settle a Draught of a Lease
pursuant to said Article; and that an Injunction should be directed
to the Sheriff of the County of Gallway, to restore Respondent; and
from Time to Time to quiet him, and his Assignes in the Possession
of such Part of the said Premisses, mentioned in the said Article,
as he was dispossessed of, by Vertue of an Here' fac' Possession'
that issued out of the Court of Common Pleas.
Bill dismissed ? to Flahery. And it is further ordered and
adjudged, that the Respondent's Bill should be dismissed with Costs,
as to said Bryan Flahery.
That no Lands being expressly mention'd in the Decree,
no Injunction could issue, nor was it easy to supply this Desect,
because the Bill did not alledge that the Possession of any Land was
taken away under Colour of said Here' facias Possession; nor did the
Respondent attempt to prove the fame on the Cause; for if he had,
the contrary would have been easily proved; And thus Matters
remained from the 27th of May, to the 1st of March.
March 1721. Order for Injunction. On reading the Affidavit of
Daniel O Lee, it was ordered, That an Injunction directed to the
Sheriff of the County of Gallway, should issue, to restore the
Respondent, and from Time to Time to quiet him and his Assignes in
the quiet and peaceable Possession of the Quarter of Land of
Ardnessellagh, and Gortervilla, and Rinerune, Half a Quarter of the
Three Quarters of Glann; and accordingly the same issued.
Mar. 1721. Before the said Injunction was obtained, several
Executions by fier' fac' & Eleg' issued against said Bryan Flahery,
at the Suit of several Persons, directed to the High Sheriff of the
County of Gallway, who, by Vertue thereof, held one or more
Enquiries in the Court-Hall at Gallway; and the Respondent attended
at the said Enquiry, and there proved that said Bryan Flaherty was
possessed of a Term for Eighty One Years, commencing in May 1687
(inter al') of the Quarter of Land of Ardnessellagh, Rinerune, and
Gortervilla; and the Jury or Inquest found the said Term in said
Flaherty, on the Respondent's Evidence; and said Sheriff
posted said Lands to be sold by Cant; and on the 15th of April,
1722, fold the fame for 1830/. to the Appellant Lord St. George, in
Presence of Respondent's Son, who attended the Sale and Cant without
giving Notice that Respondent claimed any Right or Title thereto;
and the Appellant Lord St. George, by Vertue of the said Sale, was
put into the Possession of the said Farm and Parts of Gortervilla
and Rinerune, and Appellant Sullivane attorned Tenant to him; and
the Appellant Lord St. George, by Vertue of the Lease, was in
Possession of Ardnessellagh.
18 April 1722. The Injunction grounded on the Order of the 1st
of March, 1721, was executed, and the Appellants turned out of
Possession, under Colour of the said Injunction.
20 May 1722. The Appellants applied in the High Court of
Chancery in Ireland, to be restored to their Possession, and
produced several Affidavits of their being in Possession before
filing the Respondent's Bill, and that Respondent was not
dispossessed by Vertue of said Here' fac' Possessionem; and produced
several Letters wrote by the Plaintiff, by which it appeared that he
gave up the Possession upon the Determination of his Term, in May,
1718. Whereupon it was ordered, that the Appellant, Lord St. George
should be restored, and accordingly was restored to the Possession
of Ardnessellagh; but no Order was made as to Gortervilla and
Rinerune.
Nov. 1722. Respondent applyed to be restored to the Possession
of Ardnessellagh; and the Appellants moved to be restored to
Gorterville and Rinerune; and the Respondent's Counsel having
proposed, that if the Lord St. George, the Appellant, would answer
Personal Interrogatories, as to the Possession, the Respondent would
abide by his Answer. It was accordingly ordered, that the Respondent
should be at Liberty to examine the Appellant, Lord St. George,
whether he was in the actual Possession of Ardnessellagh when the
Here' fac' Possession' was executed; and the like Order was made for
the Appellants, against the Respondent, as to Gortervilla, and
Rinerune.
Dec. 1722. Personal Interrogatories were exhibited to
Respondent on the Appellant's Behalf; and in Hillary Term following,
Respondent out in a short Answer; and the Appellant excepted
thereto, and the Master reported the Answer short; but Respondent
took Exceptions, for delay, to the Master's Report, but omitted to
set them down to be argued; and therefore they stood over-rules of
Course.
That Personal Interrogatories were exhibited to the
Appellant, and he answered the same, and therein affirms his
Possession and Title; and notwithstanding that it was offered on the
former Debate, that the Respondent would be concluded by the
Appellant's Answer to Personal Interrogatories; yet on the 26th
June, 1723, it was ordered, that the Appellant, the Lord St. George,
as of Trinity Term then last, should commence a feigned Action
against the Respondent in the Court of Common Pleas, to which the
Respondent was forthwith to appear, and plead the general Issue, so
as a Tryal might be had at the then next Assizes at Gallway, to try
whether the Respondent, or his under Tenants, were dispossessed of
the Lands of Ardnessellagh; and for default of trying said Issue,
the Respondent to be restored without further Motion; the tryals to
be at Peril of Costs against whom the Verdict should be given, and
the Jury to be struck by a Master.
That the Appellant being tyed down by this Order to try
the Issue, or be dispossessed, having no Opportunity of Appealing to
your Lordships, was under a Necessity to acquiesce under this Order.
July 1723. The Appellant, Lord St. George, moved to be
restored to the Possession of Gortervilla, and Rinerune; whereupon
it was ordered to try at Law at the fame Time with the former Issue,
and by the same Record, whether the Respondent, or his under
Tenants, were dispossessed of the Lands of Rinerune, and
Gortervilla, in June 1719, or any and what Part thereof; which Tryal
was also to be had at the Peril of Costs.
Pursuant to these several Orders, the Master, in
Presence of the Respondent's Clerk and Agents, struck a Jury out of
the Grand Pannell of the County of Gallway, and the said Issue was
tried at the Assizes; and after a Tryal, which held from four a
Clock in the Afternoon 'till it was the next Morning, the Jury
returned their Verdict in these Words:
Verdict. We find, that Richard
Martin, or his under Tenants, were not dispossessed of the Lands of
Ardnessellagh, Gorterville, and Rinerune, or any Part thereof, by
vertue of a Here' fac' Possessionem, at the Suit of Thomas Lynch,
Esq; in the Month of June, 1719.
8 Mar. 1723. That the Judges of Assize,
before whom the said Issues were tried, certified, under their
Hands, the said Verdict to the Lord Chancellor.
8 Feb. 1723. That Anthony Martin, the Respondent's Son, having
sworn an Affidavit, whereby he took upon himself to sum up the
Evidence on the Respondent's Part only, without taking Notice of the
Evidence for the Appellant; and concludes, that the Jury ought to
have brought in a Verdict for the Respondent. Upon the Motion of
Respondent's Counsel, the Lord Chancellor was pleased to set aside
the said Verdict, without any Certificate from the Judge who tried
the Issues, and appoint a new Tryal to try the same Issues again.
Against which Orders for the first Tryal, and for
setting aside the aforesaid Verdict, and granting a new Tryal, the
Appellants have appealed, and complain thereof for these and other
Reasons.
First, For that the Appellant ought not to have been
dispossessed by the Injunction obtained by the Respondent, because
they were in Possession of the said Premisses before the Time of
Respondent's filing his Bill, and were not made Parties to the said
Bill.
That whatever Decree was made betwixt the Respondent
and Lynch, ought not, nor could affect the said Bryan Flaherty,
because his Title was prior, in Time, to Lunch's Mortgage, under
which the Respondent claimed, and consequently could not be affected
by it; and for that Reason it was, the Court dismissed the
Respondent's Bill against the said Bryan Flaherty, with Costs.
That the Respondent agreed, by his Counsel, to be
concluded by the Appellant the Lord St. George's Answer to personal
Interrogatories, and he having put in a sufficient Examination, and
thereby affirmed his Possession before the Bill filed, there was no
Reason afterwards to direct an Issue.
That tho' the Respondent had not agreed to be concluded
by the Appellants Examination, yet upon the Proceedings in this
Cause, the Appellants ought to have been restored to their
Possessions, without any Tryal, it plainly appearing they were in
Possession before the Bill filed.
That after a Tryal, and the Issues found for the
Appellant, there was no Ground to set aside the said Verdict, and
grant a new Tryal, especially without a Certificate from the Judges
who try'd it, to put the Appellant to greater Expence; and the
rather since the Respondent, notwithstanding such Verdict, is at
Liberty to try his Right, if any he has.
The Appellants, therefore, humbly hope the said Orders and Decrees
shall be reversed, and the Possession of the Premisses, as well as
Ardnesellagh (Ardnessellagh), as Gotterville (Gortervilla) and
Rinerune, shall be restored to the Appellants, and they quieted in
their Possession.
Tho. Lutwyche. C. Talbot.
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Assorted
Names
may or may not be connected
    
  
1
2
1) The Wayward Man, St. John G. Ervine - This book belongs to Kelsie
Ewart, Carrigmachan
2) ? V. Forrest 4.iii.21 Ulster Club, Belfast - Dear Colonel
Forrest, Please accept the accompanying copy of the Little book -
and my apologies for the delay. Yours very sincerely, Gregory? Smyth
  
   
1
2
1) Sermons by Hugh Blair, D.D.F.R.S.Ed. - Mary Hancock
2) The Book of Irish Poetry, Alfred Perceval Graves - S. McK. From
J. 6/46 - Edward J. O'Brien, May 6, 1920 'Secretum meum mihi' -
Raftery, the Blind Poet of Connaught, Drawn by George Morrow
  
  
1
2
1) Plant Tuscan China, Made in England - J. Abrahams & Sons (Hotel
Chine) Ltd. 2 Duke Street, Manchester Square, London W.1. Metallsed.
Grand Central Hotel, Belfast 2/41
2) Adjusted Black Meeting House Waterford
  
  
 
1
2
3
4
1) J. & D. Purdon Hatters, 141 Royal Avenue, Belfast
2) Watson & Bell, Ltd. The Mashes, For Best Results, Dungannon - W.
& B. Brand
3) B.P.G.C. 1965 Spring Medal Tankard
4) no info
little clips from newspapers
1) Civic Honours - William McArthur, Esq., late Alderman of Derry,
has been nominated to fill the office of High Sheriff of London and
Middlesex.
2) It is not generally known that a sheet of paper laid on a bed,
under the counterpane or blanket, by retaining the warmth, is equal
to an additional blanket; old newspapers, stitched together, answer
well.
Coculus Indicus - The Lancet mentions that in 1865, 9,400 lbs. of
coculus indicus was imported, enough to adulterate 120,000 barrels
of beer. It is not employed as a medicine, and is known to possess
most deleterious qualities. The suspicion is that it is used by the
brewers surreptitiously. Unfortunately, there is no duty imposed
upon the drug.
4) part article re the Lambeth, Waterloo and gold?
       
A. A. McGuckian, A Memorial Volume 1895 - 1952
the book is copywrite but there are loads of copies out there to
be purchased
this is just the start and finish, the main biography is 16 pages
(not included here)
McGuckian Memorial Committee/Contents/References/McGuckian Memorial
Fund Subscribers/Contributors to this Volume
      
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