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APPEAL from the Superior Court of East Florida. The claim was founded on a petition of Breward, dated 23d August 1816, and an alleged decree of Governor Coppinger thereon, dated the following day. The petition stated, that 'he intends to establish a mill to saw lumber for the supply of commerce and the province, which he wishes to situate upon St. John's river, on the creek known by the name of Little Cedar creek; and whereas, said costly fabric requires, to secure in lands and timber, what may be sufficient to cover the great expenses which are necessary to build it, and it being all for the benefit of the province, he prays that there may be granted to him the usual five miles square of land, or its equivalent, destining to him ten thousand acres in the neighborhood of said place, and the remaining six thousand acres in Cedar Swamp, on the west side of St. John's river, and in Cabbage Hammock, on the east side of said river.' Governor Coppinger's decree on this petition stated, that, 'in consideration of the benefit and advantages which ought to result in favor of the province, if what the interested proposes is effected, the lands and permission which he solicits are granted to him, but with the express condition, that he shall not have the absolute right to them, until he erects said machine.' The original of the petition and decree were not produced in evidence; neither were they to be found in the archives at St. Augustine; but a certified copy, under the hand of Thomas de Aguilar, secretary of the government, whose handwriting was proved, stating that they were true copies, faithfully taken from the original which existed in his office, was offered, and was objected to by the district-attorney, and admitted by the court. There was also offered in evidence plats and certificates of survey, made for John Breward, by George J. F. Clarke, surveyor-general: 1. Dated 27th May 1817, for 7000 acres of land between the branches called Cedar creek, and Dunn's creek, on the northern part of the river St. John's. 2. Dated 28th August 1819, for 3000 acres on the northern part of the river St. John's, and east of the Royal Road leading from said river to St. Mary's. 3. Dated 10th October 1819, for 2000 acres in Cedar Swamp, on the west part of the river St. John's, at a place known by the name of Sugar-Town. 4. Dated 19th April 1820, for 4000 acres, in Cabbage Hammock, on the east part of the river St. John's, and south of the branch called Dunn's creek, which runs from Dunn's creek to the said river.

Professional & Technical
January 1
LawApp Publishers
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