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Florida's HB 1243 Stalls, but Restrictive Covenant Provisions Move Forward
May 8, 2019 | Adam J. Rogers | Carole M. Becker |
Healthcare Healthcare Mergers & Acquisitions Healthcare Services Private Equity Hospitals & Health Systems United States
Florida's HB 1243 Stalls, but Restrictive Covenant Provisi...
Florida's HB 1243, with its proposed reporting requirements that would have directly affected timelines for health care transactions, particularly those involving hospitals or medical practices with four or more physicians, was withdrawn from consideration in the Florida Senate. However, a new bill – HB 843 – containing identical restrictive covenant provisions is expected to become law on July 1, 2019.
On May 3, 2019, the Florida Senate indefinitely postponed and withdrew from consideration HB 1243, which had caught the attention of providers and dealmakers since it passed the Florida House of Representatives on April 11, 2019. Had this bill passed the Senate and been signed into law by Florida's governor, it would have directly affected timelines for health care transactions, particularly those involving hospitals or medical practices with four or more physicians.
The bill contained two distinct sections. The first section would have imposed certain reporting requirements when a Florida hospital or group practice contemplated a transaction that would result in a material change to the health care market. The first section also would have required a Florida hospital or group practice to provide notice to the State of Florida any time it made a Hart-Scott-Rodino Act (HSR) filing with the Federal Trade Commission or the US Department of Justice, and, if requested, to allow the State to review the HSR filing and request additional information. The bill's second section provided that if an entity employed all of the physicians who practice a certain medical specialty in one county, it could not restrict a physician from practicing that same specialty in the county (non-competition restriction).
While the first section of the bill will not become law anytime soon, the second section, with its non-competition restriction, is waiting to be signed into law. On April 29, 2019, the Florida House and Senate approved HB 843, Section 10 of which contains identical language to HB 1243's non-competition restriction. Assuming the Florida governor signs HB 843 into law, its provisions, including the invalidation of those restrictive covenants, are set to become effective on July 1, 2019.
Although HB 1243 was indefinitely postponed and withdrawn, we will closely monitor new pieces of legislation in future legislative sessions. HB 1243 received unanimous support from the House, and therefore similar reporting requirements or other changes affecting dealmaking could resurface in the future.
Required Reporting for Mergers and Acquisitions
HB 1243 primarily caught dealmakers' attention because of its proposed reporting requirements, which would have required notification to the State at least 90 days prior to the closing of most transactions involving hospitals or group practices with four or more physicians.
The bill would have required group practices, hospitals and hospital systems with four or more physicians to provide advance notice of certain transactions to the Office of the Attorney General. Specifically, HB 1243 would have required Florida hospitals and group practices intending to go through a material change to provide information to the State, including the primary area served by the parties, a description of the proposed transaction, the physician specialty involved in the material change, and a description of any prior material change occurring in the five years before the date of notice.
The notice was required to be submitted at least 90 days prior to the closing of the transaction.
The proposed requirement also provided for a significant penalty in the event of non-compliance. Under HB 1243, failure to provide timely notice to the Office of the Attorney General within the prescribed 90-day period would have resulted in a fine of up to $500,000.
Transactions Requiring Reporting
The proposed bill required notice upon any material change, including:
A merger, consolidation or affiliation
The employment of all or substantially all of the physicians of a group practice
The acquisition of all or substantially all of the properties and assets of a group practice; the capital stock, membership interest or other equity interests of a group practice; or one or more insolvent practices
The notice requirement applied not just to mergers and acquisitions, but also to any "affiliation" between entities. The bill defined affiliation as "a relationship between two or more entities that allows the entity to jointly negotiate with one or more other parties over professional medical services or reduces the primary service area in which at least one of the entities provides professional services." Unlike HSR, the bill did not include a dollar threshold for this notice requirement, and thus the hospital or group practice would have been required to report any transaction that fell into one of the enumerated categories above.
Unenforceability of Certain Physician Restrictive Covenants
While HB 1243 did not make it through the Senate this session, HB 843, which contained the same non-competition restriction, did. Section 10 of HB 843 amends Florida's non-compete statute and invalidates restrictive covenants with licensed physicians in limited circumstances.
Under HB 843, an entity that employs all of the physicians who practice a certain medical specialty in one county will not be able to restrict its physicians from practicing that specialty in the same county. If the entity entered into such a restrictive covenant with its physician, the restrictive covenant will be void and unenforceable. The restrictive covenant will remain void and unenforceable until three years after another entity enters the market in that county and begins offering those specialty services. It is unclear whether this provision would have retroactive application for agreements entered into prior to July 1, 2019.
If the Florida Governor approves HB 843, restrictive covenants with physicians in a specific practice area will be unenforceable if the entity employs all physicians of that certain specialty in one county, and will continue to be unenforceable for three years after another competing entity enters that county.
Dealmakers and health care providers should continue to monitor Florida legislative activities to see if reporting requirements, or similar items that could affect deals, resurface in future legislative sessions.
Adam J. Rogers
Associé | Miami


Bouchard Finlayson has introduced exclusive Vintage Tastings for wine enthusiasts interested in older wines, offering a rare opportunity for collectors and wine clubs to explore the maturation potential of the Hemel-en-Aarde Valley estate's lauded wines. Vintage tastings are presented by appointment in the cellar for private groups of up to 20 people, and depending on their availability, may be led by founder Peter Finlayson or winemaker Chris Albrecht. The cost is R3000 for up to 20 people, including cheese and charcuterie bites.
Due to the exclusivity of the vintage tastings on offer, the varietal theme varies according to the older vintage wines available, as well as their taste profile accessibility. Growing on the slopes of Galpin Peak, the elusive Pinot Noir varietal has been Bouchard Finlayson's jewel and flagship red wine for over 20 years, having earned winemaker Peter Finlayson the name of South Africa's 'pinot pioneer'. One of the current Vintage Tastings themes, 'Vintage Pinot Noirs', presents the unique opportunity to taste Bouchard Finlayson's famed Galpin Peak Pinot noir vintages from 1994, 1998, 2001, 2005 and 2009. (Depending on stock availability).
Vintage Tastings may also be tailor-made to include other Bouchard Finlayson varietals, such as Chardonnay, unwooded whites, or the Hannibal red blend.
Some of the older vintages are also available for sale at the cellar door, including Bouchard Finalyson Galpin Peak 1998 and 2001 (R500 per bottle).


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redpajama_set_name: RedPajamaGithub


text:
At the same time I want to show that the Crown is not merely an abstract symbol of our unity but a personal and living bond between you and me.
At the end of 1953 The Queen and The Duke of Edinburgh were at the start of a six-month tour of the Commonwealth on the Royal yacht. On Christmas Day, they were in Auckland, New Zealand, where The Queen recorded her Christmas Broadcast for the radio at Government House.
Last Christmas I spoke to you from England; this year I am doing so from New Zealand.
Auckland, which I reached only two days ago, is, I suppose, as far as any city in the world from London, and I have travelled some thousands of miles through many changing scenes and climates on my voyage here.
Despite all that, however, I find myself today completely and most happily at home. Of course, we all want our children at Christmas time - for that is the season above all others when each family gathers at its own hearth. I hope that perhaps mine are listening to me now and I am sure that when the time comes they, too, will be great travellers.
My husband and I left London a month ago, but we have already paid short visits to Bermuda, Jamaica, Fiji and Tonga, and have passed through Panama. I should like to thank all our hosts very warmly for the kindness of their welcome and the great pleasure of our stay.
In a short time we shall be visiting Australia and later Ceylon and before we end this great journey we shall catch a glimpse of other places in Asia, Africa and in the Mediterranean.
So this will be a voyage right round the world - the first that a Queen of England has been privileged to make as Queen. But what is really important to me is that I set out on this journey in order to see as much as possible of the people and countries of the Commonwealth and Empire, to learn at first hand something of their triumphs and difficulties and something of their hopes and fears.
Some people have expressed the hope that my reign may mark a new Elizabethan age. Frankly I do not myself feel at all like my great Tudor forbear, who was blessed with neither husband nor children, who ruled as a despot and was never able to leave her native shores.
But there is at least one very significant resemblance between her age and mine. For her Kingdom, small though it may have been and poor by comparison with her European neighbours, was yet great in spirit and well endowed with men who were ready to encompass the earth.
Now, this great Commonwealth, of which I am so proud to be the Head, and of which that ancient Kingdom forms a part, though rich in material resources is richer still in the enterprise and courage of its peoples.
Little did those adventurous heroes of Tudor and Stuart times realise what would grow from the settlements which they and later pioneers founded. From the Empire of which they built the frame, there has arisen a world-wide fellowship of nations of a type never seen before.
In that fellowship the United Kingdom is an equal partner with many other proud and independent nations, and she is leading yet other still backward territories forward to the same goal. All these nations have helped to create our Commonwealth, and all are equally concerned to maintain, develop and defend it against any challenge that may come.
As I travel across the world today I am ever more deeply impressed with the achievement and the opportunity which the modern Commonwealth presents.
Like New Zealand, from whose North Island I am speaking, every one of its nations can be justly proud of what it has built for itself on its own soil.
But their greatest achievement, I suggest, is the Commonwealth itself, and that owes much to all of them. Thus formed, the Commonwealth bears no resemblance to the Empires of the past. It is an entirely new conception, built on the highest qualities of the spirit of man: friendship, loyalty and the desire for freedom and peace.
To that new conception of an equal partnership of nations and races I shall give myself heart and soul every day of my life.
I wished to speak of it from New Zealand this Christmas Day because we are celebrating the birth of the Prince of Peace, who preached the brotherhood of man.
May that brotherhood be furthered by all our thoughts and deeds from year to year. In pursuit of that supreme ideal the Commonwealth is moving steadily towards greater harmony between its many creeds, colours and races despite the imperfections by which, like every human institution, it is beset.
Already, indeed, in the last half-century it has proved itself the most effective and progressive association of peoples which history has yet seen; and its ideal of brotherhood embraces the whole world. To all my peoples throughout the Commonwealth I commend that Christmas hope and prayer.
And now I want to say something to my people in New Zealand. Last night a most grievous railway accident took place at Tangiwai which will have brought tragedy into many homes and sorrow into all upon this Christmas day.
I know there is no one in New Zealand, and indeed throughout the Commonwealth, who will not join with my husband and me in sending to those who mourn a message of sympathy in their loss. I pray that they and all who have been injured may be comforted and strengthened.
The Duchess of Gloucester and Music
'The Not Forgotten' Christmas Party with The Princess Royal
The Chapel Royal
The history, traditions and current life of the Chapel Royal
Royal Maundy Service
The Queen and the Royal Family mark Her Majesty's 90th Birthday
Hackney Children's Choir perform for The Duchess of Gloucester
I have been warned I may have Happy Birthday sung to me more than once or twice.
St. Paul reminds us that all Christians, as ambassadors for Christ, are entrusted with the ministry of reconciliation.
A speech by The Queen at the Inauguration of the General Synod, 2015
It is through this lens of history that we should view the conflicts of today, and so give us hope for tomorrow.
At Christmas I am always struck by how the spirit of togetherness lies also at the heart of the Christmas story.
Being united - that is, feeling a unity of purpose - is the glue that bonds together the members of a family, a country, a Commonwealth.
All great religions have such times of renewal, moments to take stock before moving on to face the challenges which lie ahead.
My hope this Christmas is that the Christian spirit of reconciliation may burn as strongly in our hearts during the coming year.
In the United Kingdom we have our own particular sorrows in Northern Ireland and I want to send a special message of sympathy to all those men, women and children who have suffered and endured so much.
My message today is one of encouragement and hope.
Then Christmas comes, and once again we are reminded that people matter, and it is our relationship with one another that is most important.
Your commitment and loyalty to one another, and to society more widely, is ultimately what keeps you strong.
A speech by The Duke of Cambridge at Jewish Care's 25th Anniversary Dinner
For every poppy a life; and a reminder of the grief of loved ones left behind.
We are forever grateful to all those who put themselves at risk to keep us safe.
The Duke of Gloucester to attend the Inaugural Mass for Pope Francis
The Church has a duty to protect the free practice of all faiths in this country
A speech by The Queen at Lambeth Palace, 2012
Prince William and Catherine Middleton's Wedding Prayer
Right around the world, people gather to compete under standard rules and, in most cases, in a spirit of friendly rivalry.
At the heart of our faith stand not a preoccupation with our own welfare and comfort but the concepts of service and of sacrifice.
A speech by The Queen at the General Synod Inauguration, 2010
Your Holiness, your presence here today reminds us of our common Christian heritage, and of the Christian contribution to the encouragement of world peace.
A speech by The Queen during the Papal Visit, 2010
Papal Visit Programme, 16 September 2010
When life seems hard, the courageous do not lie down and accept defeat; instead, they are all the more determined to struggle for a better future.
The birth of a baby brings great happiness - but then the business of growing up begins.
When limitless amounts of information, much of it ephemeral, are instantly accessible on demand, there is a renewed hunger for that which endures and gives meaning.
Opening ceremony, eighth General Synod of the Church of England, 15 Nov 2005
Everyone is our neighbour, no matter what race, creed or colour.
Separation at this time is especially hard to bear.
The Queen to visit faith communities during Golden Jubilee
For Christmas marks a moment to pause, to reflect and believe in the possibilities of rebirth and renewal.
This December we are looking back not just on one year, but on a hundred years and a thousand years.
Though we each lead different lives, the experience of growing older, and the joys and emotions which it brings, are familiar to us all.
I remember my own childhood Christmases here, with my father and mother, and a great family gathering, and now I delight in seeing my children and grandchildren enjoying the same traditions.
But I cannot think of any Christmas of my reign when the message of the angels has been more apt.
To see British and Russian veterans standing together, in memory of the sacrifices of their comrades-in-arms, was a moving experience.
We have indeed become a global village.
I first came here for Christmas as a grandchild. Nowadays, my grandchildren come here for the same family festival.
I am constantly amazed by the generosity of donors and subscribers, great and small, who give so willingly and often towards the enjoyment of others.
I hope that all of us lucky enough to be able to enjoy such gatherings this Christmas will take time to count our blessings.
Unlike all the other planets in the solar system, earth shimmers green and blue in the sunlight and looks a very pleasant place to live.
May the Christmas story encourage you, for it is a message of hope every year, not for a few, but for all.

redpajama_set_name: RedPajamaCommonCrawl


This Saturday, March. 3, 2012 from 10:00am-2:00pm UOIT will be hosting its annual Winter Open House for prospective students interested in studying at UOIT. This year myself and Dr. Christopher Collins will be coordinating the Computer Science lab tour. As the undergraduate program director for Computer Science, I will be providing a 30 minute overview of the Computer Science programs (comprehensive program, digital media specialization, digital forensics specialization) while Chris will be in the undergraduate lab where a number of our undergraduate students. The students will be available to give demos, answer questions and showcase Computer Science at UOIT.


text:
mecado
MERCADO – microbiological criteria database
Go to MERCADO or for more information or find out how to subscribe email our Publications team or call +44(0)1386 842000
This Campden BRI Microbiological Criteria Database (MERCADO) contains published microbiological criteria for foodstuffs compiled from a variety of sources and updated on an ad hoc basis. We have developed this database to enable users to conveniently and quickly search for relevant information which is provided without liability for its application and use.
It is important to note that accurately assessing global regulatory microbiological criteria is a complex task as reference data is regularly updated. We recommend that MERCADO users contact Campden BRI's Regulatory Team at regulatoryadvice@campdenbri.co.uk to ensure that they have the most up to date and relevant information for their foodstuff(s).
This database has been written to be used alongside the revised Guideline 52, which details the importance and development of microbiological criteria including: guidelines; specifications; and standards. We would strongly advise users to read this Guideline before interrogating the database.
The database will be updated on a regular basis and users are encouraged to provide details of any information that they are aware of, but is currently not included.
The user can access the database for an annual subscription, which includes a pdf version of Guideline 52. (Hard copies are available for purchase separately if required.)
NB, It is assumed that the user of MERCADO has a knowledge of microbiology to enable them to interpret the output from the database. If the user is not comfortable to operate the database themselves, Campden BRI offer a service to help with this.
Scheduled and tailored courses, conferences, seminars, wide range of networking and alerting events
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Label review, Electronic Food Law Notes (eFLaN), Food Law Alert, briefing sessions, legislation advice
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Expertise sourcing and interpreting information, technical literature and patent searches, Horizon scanning
Research project websites
Mini websites provide insight into core research projects with links to useful resources and other information
Best practice guides, Research reports, summaries and reviews, specifications, bulletins, briefing papers


James Smith is mentioned in many secondary accounts as one of the earliest settlers at the mouth of the River Trent around 1790 and as such more needs to be known about the man and his role in the area.
"In 1790, James Smith, a UEL, became a permanent settler, erecting a log house at the base of Bunker Hill, and in the same year John Bleecker, a son in law of Capt Meyers, a UEL who settled in Sydney, became another settler, and erected the first inn at the place which was designated to become the Trenton of the future. These appear to be the first real settlers of Port Trenton."
Thanks to Peter Johnson and Frank Doherty for their assistance.
This is a long web page - so use these links to navigate up and down the page.
Petitions of other local "Smiths"
James Smith was a Judge of the Court of Common Pleas in Dutchess County, New York who took on the rebels and was tarred and feathered for his actions in 1775. During the revolutionary war he was a prisoner for three years and then was back with the British and had a warrant to form a regiment under Col Abraham Cuyler. Coming to Upper Canada in 1789 he petitioned for land and was granted 700 acres, receiving 200 in Sidney Township. With 500 acres still due to him, in 1793, he moved and made improvements to what he thought was vacant land on the eastern bank at the mouth of the Trent River. The surveyors had reserved this land and through a number of petitions and reports he finally was successful in getting possession of the land and in the process had his total grant enlarged to 1200 acres, "to put him on a footing with other Magistrates" in Upper Canada. He is last noted in the 1803 Murray Township census as a 71 year old man (thus born about 1732) probably living next to his son John. His will is dated 13 May 1803 and it was probated on 21 June 1805 so his death date is being rounded to 1804. He sold land in May and June in 1803 likely in an effort to settle his affairs.
No records have been found that describe what type of business James conducted - merchant, potash, farming, lumbering are all possibilities. As a magistrate he would have received income from certifying oaths and sitting in on Quarter Sessions but no records have yet been found naming him in these activities. His eldest son James stayed in New York State but sons Peter I Smith, Henry and John Smith all came to Upper Canada. His youngest son John claimed in a petition that he had been operating a ferry service across the Trent since 1792. No daughters are named in his will so he either had none or they were married and may have already received a gift from James. James's wife is unknown and early records in Dutchess County or other parts of the north eastern US need to be researched to find out more about his American roots. It is possible that he had a brother Isaac Smith.
A good place to start the story is with the report of James Smith being tarred and feathered in 1775.
"New. York, September 27, 1775.
Source: Diary of the American Revolution from newspapers and original documents, Frank Moore, vol. ii. New York, Charles Scribner, 1860, 138, (it quotes the above source and also Upcott, iv. 327), google books. The Upcott source has not been found.
Regarding the above; the James N Smith may be a different man from the James Smith mentioned in the Committee records. In the section below on Commission of Conspiracy records it is speculated that the James Smith of Murray is the same man as the James Smith in the NY record.
James made 5 lengthy petitions to the Executive Council in Upper Canada and they are transcribed in the petitions section below. They make interesting reading and demonstrate the workings of the Land Board. He states his case in the petitions and the Council usually requests a report from the Surveyor General. Sworn certificates are often included verifying the truthfulness of the critical parts of his story. Decisions were often slow to be made.
The details of his years during the Revolutionary War are spread amongst the petitions and it matches well with the letter quoted above. In his first petition in 1789 he states that he was a "Judge of the Court of Common Pleas in the County of Dutchess" and due to the "exertions of an unruly Mob and Committees was most inhumanly abused and partly lost the use of his right hand" and "had been tarred & feathered in the basest manner they could effect and afterwards much harrassed in Gaol and on board the prisonships for the space of three years" and "after that term ... was sent within the British Lines." He then states that he received half a dollar a day pension until "his family was sent within the British Lines" when he received £37 per quarter for support.
James declares that he was a Captain and was given a warrant to raise a regiment under Col Cuyler. There are a number of accounts of this in the petitions below and the clearest and likely most accurate one is in the deposition by Cuyler himself in petition 24.
In this first petition he requested 2000 acres but only received 200 acres [lot 3, Con 2, Sidney Township] with the additional statement that the "Land Board directed to propose the balance to make up 700 acres in total."
Curiously James was never added to the UE Loyalist lists maintained by the Council. Others who came after 1789 were added so his late arrival is not the main reason. Perhaps it is that he never actually raised his regiment that he was not added. His sons never petitioned for land as sons of a Loyalist. However James was given a generous grant so his support for the British cause was rewarded.
At some point James returned to New York to settle some matters and he wrote that he had taken his land warrant for 700 acres with him and he had left it with his family. Further he states in petition 24 that, "My family expecting my papers to be examined by the Rebels as thay had done before thought if thay found my warrant I should sertinly be put to Death and they Destroyed it on that account." This was to explain why he no longer had his warrant in 1793 when he petitioned to claim his remaining land.
In 1798 James states in petition 185 that he understood that he had "an additional 700 acres and to locate the same in any township then vacant" and that he "then settled on the east side of the River Trent in the township of Murray in the year 1793."
In 1793 James explains in petition 151 how he "took Lotts No 1, 2, 3 & 4 and began my improvements on the second lott on the North [sic - actually the east] side of the River" and asks for this land to be granted. Council sends it to the surveyor and DW Smith, [no relation] Acting Surveyor General reports two years later in 1795. It needs to be explained that the Trent River flowed through Murray Township and both shores of the river were in Murray. Sidney Township stretched from Belleville all the way west to just a few hundred yards short of the Trent River up to the eastern boundary of Murray Township. DW Smith in his report explained that to grant Smith the land along the eastern shore of the river "would materially interfere with the regularity of the Township of Murray, and that Mr Smith, some years ago, rec'd official information from Mr Chewett, as well as from Mr Aitken that all the space between the west boundary of the Township of Sidney and the east bank of the River Trent on which he has settled has been reserved by Mr Collins in the year 1787 for works of defence, etc."
Finally, six years later, in 1798 this matter gets resolved. On June 2, the Board declines the grant for the river bank land saying that "they do not consider themselves authorized under the ??? ???? to admit the petitioner to the portion of land he would have been entitled had he been commissioned as a Captain" but they do grant him 1200 acres to "put him on a footing with other magistrates." (see petition 24). However 5 days later things change in Smith's favour.
On June 7 1798 James Smith petitions again (185) and on the very same day the Land Board issues this verdict.
Ordered that the Surveyor General be authorized to include the lots on which the petitioners improvements are placed in his location of the lands still wanting to complete the 1200 acres Ordered notwithstanding they may fall within Mr Collins Reserve, and should the improvements incroach upon any lot intended to be reserved, the Surveyor general is directed not to place the reserve upon that lot.
James Smith got his land! Why did he petition again on June 7 and get a same day response? Clearly the fix was in. We can imagine that he may have traveled to York, made his case and won support and was asked to petition again and he would get his land. In May 1800 Chewett & Ridout, surveyors issue a report and in June 1801 lots 1, 2, 3 in the 1st and 2nd concession of Murray lying between the eastern boundary line of the township and the River Trent. 649 acres, are granted to James Smith. In November of 1798, son Peter I Smith petitions on behalf of his father who is "an old man" for his 1200 acres and states that James Smith is living at Carrying Place, a few miles from the mouth of the Trent. Possibly he was living with his son John at that location.
In petitions 110 and 144 in the years 1797 and 1800, son John Smith petitions as "the son the late James Smith Esq." The word late is crossed out in the 1800 petition. In 1803, James Smith, age 71 is listed in the 1803 Murray Census beside what is most probably his son John, age 31. Usually petitions were written by a clerk for the petitioner who could not write his own petition. John's petitions appear to be in a clerk's hand and it is very possible that the clerk thought James was deceased. In the second case the error was seen and crossed out. James is not in the 1804 or any later census so 1804 is taken as his probable year of death. This is consistent with his 1803 will that was probated in 1805.
Did James Smith Esq cone from Stanford, Pine Plains, Dutchess Co., NY?
In January 2016, Scott Smith came forward with information about a Judge James Smith, wife Dorus, a suspected Tory, his brother Isaac, sons James and Henry. Possibly the Judge is the same man that is the focus of this web page. The wife of James Smith who came to Upper Canada is not known in Canadian records. However in the will of James Smith of Upper Canada the sons James, Henry and youngest son John and grandchildren of his deceased son Peter; Silas, Dorcas, Esther, Phebe and Bathsheba, are all named. Henry's son Seymour of Sharon, Schoharie Co, NY; Joseph Carpenter, JP of Stanford NY who married Dorcas Smith and Bathsheba's daughter Rebecca Thomspon of Dutchess NY all come forward later to claim land in Upper Canada based on the will of James Smith. This is all an interesting fit to the Pine Plains information below.
"SMITH, James ("Judge") and wife, Dorus, brother of Isaac Smith, Esquire, about 1760-65 lived on the Isaac Huntting homestead in North Stanford, and it is said built the original house there. See marriage of his two sons, James and Henry, in Peter Smith lineage. He was called a tory.
SMITH, Isaac, Esquire, and Tammy Mead his wife came from Horse Neck, now Greenwich, Conn., about 1765 and it is said settled on the Sackett-Steger farm in the south part of the town. He deceased about 1821 and was buried in the cemetery, now almost unknown, east of Attleburry Corners, in the north part of Stanford. His wife was buried there also. Isaac SMITH, Esquire, and Tammy Mead had children. Tammy, Polly, Isaac, Reuben, Morris, William and Silas, who lived to an adult age.
"SMITH, Peter, son of Benjamin SMITH, married Sarah Winans, a daughter of James Winans, the first settler of the Winans name in this vicinity. They came from Horse Neck about 1770. They had children, Peter, Anna, Sarah, Zady, Polly, Susan, Charlotte, James W., Daniel, Walter, Seymour and David. Anna married James Smith, son of Judge James above, a brother of Isaac Smith. Esq., above noticed. Charlotte married Henry Smith, son of Judge James above and brother to the husband of Anna: had five boys."
It is reasonable to conclude that James Smith Esq of Murray is the same James Smith Esq named in the Commission of Conspiracy minutes from 1777 below.
Committees of Safety evolved in Colonial America so that by 1775 they had become the operating government of rebel side of the Revolution. New York abolished all committees in favour of the "Commissioners of Conspiracies".
Below are quotes from the minutes of the Commission for Conspiracies of NY involving James Smith Esq. There is no other James Smith in these extensive minutes. There is an excellent match between the minutes of the Commission for Conspiracies and the petitions of James Smith of Murray and this is the basis to conclude that they involve the same man.
James Smith Esq, in a petition in Upper Canada, states that he was a Judge in the Court of Common Pleas in Dutchess County, and in 1775 due to the "exertions of an unruly Mob and Committees was most inhumanly abused and partly lost the use of his right hand" and "had been tarred & feathered in the basest manner they could effect and afterwards much harrassed in Gaol and on board the prisonships for the space of three years" and "after that term ... was sent within the British Lines."
The Commission minutes below describe a James Smith Esq. The use of "Esq" is not insignificant as it denotes a man of some standing; a Judge for example. In 1777 he had been "removed to a neighbouring state for Notorious Disaffection". On Apr 29 1777, an order had been served for group of men to attend a meeting of the Board and that "some" felt it should be served to each individual and that James Smith demanded to see a copy of the order; an action that speaks to a demanding legal mind at work. Finally, 15 May, he is named in a list of men who are sent to prison ships at Esopus Creek. [Esopus Creek is a tributary of the west side of the Hudson River at Ulster County.] The next day, 16 May, he is given a 5 day parole to go home. Presumably he returned to the prison ship and after 3 years of being in jail and on the prison ship "was sent" to the British lines.
Source: Minutes of the Committee and of the first Commission for detecting and defeating conspiracies in the state of New York, December 11, 1776 - September 23, 1778, with collateral documents : to which is added Minutes of the Council of appointment, state of New York, April 2, 1778 - May 3, 1779, New York Historical Society, Vol 1, 1924, available on Internet Archive, Thanks to Frank Doherty for stating that a James Smith was in this record.
21 April 1777 Commission for Conspiracies, Board met.
Resolved that Col° Sutherland be requested to issue his orders to an officer of the Militia under his Command to cause the said James Smith to be apprehended and bro't before this Board forthwith and that this Board will defray the Expence thereof.
24 April 1777 Commission for Conspiracies, Board met.
Lieut Jonas Parks appeared & informed the Board that he had apprehended & brought Prisoner James Smith Esqr.
29 April 1777 Commission for Conspiracies, Board met.
Stephen Atwaters being duly sworn, Deposeth & Saith That on the day before the last Fast Day in March last there were at the Deponant's house, James Smith Esq, Simon Nueum, John Wilsey, & Jas Atwaters Esqr. That a Conversation arose about the Order of this Board requirin[g] the Attendance of persons comprehended in the Resolution of Convention of the 7th of March last. That some of the Company Imagined that there ought to be a special service of it on each Individual whereupon said James Atwaters said that it was to be distributed through the Country, and that the persons who were the Objects of it were bound to take notice of it. That James Smith Esqr expressed a great desire to see the Order, and desired the said James Atwaters Esqr to procure him one, that a printed Copy of the said Order, has been affixed up at the Deponant's house, during which Time the said James Smith has several Times been there but whether he ever read it or saw it, the Dept does not of his own knowledge know. The Dept farther saith that the said James Smith was in the hearing of the Dept told that Israel Lewis had the Order, whereupon the said James Smith requested of the said Simon Nueum that if he saw Israel Lewis, to desire him to send it to him.
Isaac Smith being duly sworn, Deposeth & Saith That lately conversing with his Brother about the Order of this Board of the 10th of March last, his Brother said, that he had heard there was such a thing abroad which he understood ought to be served upon him and that he did not wish to see it, or words to that Effect.
15 May 1777, Commission for Conspiracies, Board met.
16 May 1777 Commission for Conspiracies, Board met.
James Smith Esqr are permitted to go home on their parol, to deliver themselves in five Days from this Date, to the officer having the Charge & Custody of the prisoners at Esopus Creek.
25 Nov 1789, Alexander Chisholm, James Smith, Martin Fraleigh to receive 700 additional acres each.
 "And on the claims of James Smith, Martin Fraleigh & John Ferrier the Committee are led to consider them as meriting consideration from the remarks made on the petitions, by the Board at Mecklenburg as men of tried loyalty; they therefore humbly offer their opinion, that Alexander Chisholm, James Smith, Martin Fraleigh and John Ferrier may obtain or ??? the bounty granted by the board at Mecklenburg, an additional quantity to make in all 700 acres to each"
Land board directed to propose the balance to make up 700 acres in total.
Humbly Sheweth that James Smith Esq has not long sonir? memoriald Your Excellency in Council for a grant of land on the River Trent for seven hundred acres of land, as followes, beginning at a certain stake standing on the north side of the said running forty chains Northwest as the River runs one hundred and seventy five chains, from there southwest till it strikes the said River always keeping forty chains from the River which will contain seven hundred acres with the usual allowance of land for highways in should be added, and Your Excellency memorialist as in duty bound will ever pray.
On 24 Dec 1793 at Sidney, James Smith, having been in Upper Canada since 1789, petitions for 700 acres on the north [sic] side of the River Trent and which he previously took - lots 1, 2, 3 and 4 and improved lot 2.
On 24 Apr 1795, DW Smith, act Surveyor General submits a report that states that James Smith's petition for 700 acres can't be satisfied. It clarifies that the river runs north south and that James Smith has started to settle the east side. He writes that the lands "would materially interfere with the regularity of the Township of Murray, and that Mr Smith, some years ago, rec'd official information from Mr Chewett, as well as from Mr Aitken that all the space between the west boundary of the Township of Sidney and the east bank of the River Trent "on which he has settled " has been reserved by Mr Collins in the year 1787 for works of defence, etc."
Rec'd 24 May 1797, The patiuon James Smith Esq to Peter Russell Esq Acting Governor, that your patuonor had a warrant as Capn of Company of Foot in a Regiment or Coy Comanded by Abraham C Cuyler who had a warrant from Sir Henry Clinton as Liet Colo in the late American war to raise a batalion or Comy For the British forces by your petitioner.
As soon as I came into the County of Dutchess whare the rest of my family was was from with a warrant by the Sherif and Committee to ??? for returning home contrary to my order of banishment which was during ?? and left any papors at home with my warrant.
And I have drawn land on the same ???
Aug 21 1793, Kingston, Dear Sir, According to Promise, I have made all the Inquiry possible, respecting your lands; and, it appears that no memorandum of that business has been made by the Clerk of the Land Board. Therefore, I can only certify, personally, what I recollect of the affair. Which is, - That, on your arrival here, / the year I cannot specify / you applied for, and obtained a Grant from our Board for 200 acres of land. – Some time afterwards, at our Recommendation, you presented a memorial to L. Dorchester, in which your sufferings & services were particularly set forth; in Consequence of which, his Lordship was pleased to order that you should receive 700 acres of Land: - This order you produced to the Board; or it was communicated to them, in the minutes of the Govr & Council from Quebec: I do not precisely recollect which: Bit I know that such an order did exist – And I apprehend the reason that this does not appear in our minutes, is, that your Business, after the Govr granted the Prayer of your Petition, was with the surveyor, and not with the Land Board; especially, as the lands which you desired to locate, were not within the limits of our Jursidiction, being on the west or south side of the River Trent, - This is all that I remember of the business in Question; If it is of any service to you, I shall be very happy; and you have my Permission to make what up you pleae of my name, a sfar as the contents of this letter will authorize.
Sepr 3 1790, Kingston, Dear Sir, I received your letter, and am sorry to hear of your distress: But, I hope, before this time, you may have found means to extricate yourself from your difficulties. – I sent a verbal message to you, in the latter part of the winter, by a Mr Isaac Vanderpool; which I find, has not reached you. I can now inform you, that the Board has received an answer to your memorial, and his Lordship has consented to allow you seven hundred acres of land – and, I need not add, that you will find no difficulty in obtaining Possession of it, as soon as you can appear here in person.
Rec'd 7 June 1798, James Smith, came into the province in 1789 and received a certificate of the Land Board at Kingston for 200 acres of land in Sidney Township. The Land Board then informed him that he must acquaint Lord Dorchester of his approach, his Lordship being acquainted with of your petitioners services and loyalty, ordered an additional 700 acres and to locate the same in any township then vacant in the province of Upper Canada.
[fold] Read the same day. Ordered that the Surveyor General be authorized to include the petitioners improvements in his location of the lands still waiting to complete the 1200 acres ordered notwithstanding they may fall within MR Collins reserve and should the improvements incroach upon any intended to be reserved the surveyor general is directed not to place the Reserve on the lot. PR.
7 June 1798, James Smith Esq, Praying to be confirmed in the 700 acres ordered him by Lord Dorchester, and that an additional allowance may be assigned him, to put him on a footing with other Magistrates, and also to have the reserves taken of [off] his lots on which his improvements stand.
James Smith is shown as having been granted lot 3, Con 2, Sidney and no other lot in Sidney.
* 9 Sept 1800, Fiat of a grant of 659 acres being of the above to James Smith Esq.
* Lot 2, Con 1: The abstract index for Murray shows James Smith being granted that part east of the Trent and Eliakim Weller being granted that part west of the Trent in June 1801 and May 1802 respectively.
* Lot 1, Con A: 1 Mar 1801, patent to John Blacker for 17 acres. On 31 Dec 1821 John and George Blacker sell the land to Adam Henry Meyers.
#17, 26 May 1803, James Smith, Esq, Murray sells 95 acres to John Row, miller, part lot 2, Con 2, Murray … witnessed by John Smith, William Cunningham and Henry Ripsom all of Murray.
Note, In 1808 Henry Ripsom sells this land to Adam Henry Meyers including the mill that had been erected on the land.
Source: East Northumberland County, Deeds, Murray Twp, Vol 1, AO, GS4768, #26?
The last will and testament of James Smith, late of the Township of Murray in the County in Northumberland in the District of Newcastle and Province of Upper Canada, Esquire.
In the name of God Amen. I James Smith ……. Being weak in body but of perfect mind and memory and knowing that it is appointed for all men once to die, do make and publish this my last will and Testament in manner and form following, First, I recommend my soul into the hands of God, that gave it me and my body to the Earth from whence it came not in, in the least doubling but I shall receive a Joyful Resurrection, and as to what Estate it hath pleased God to bestow me with, I dispose of as follows – I have already given to my youngest son John, Lot No one in the first concession of Murray, and one yoke of oxen, which is his full proportion.
The remainder of my estate real and personal, I dispose of as follows – First I order, that my just debts and funeral charges be paid by my executors that is hereafter named, and the remainder to be divided in equal parts viz James, Henry, and the Heirs of my deceased son Silas, Dorcas, Easter [Esther], Phebe and Bathsheba or their heirs – and I do hereby appoint my son James Smith, junior, with my trusty friends Mathias Marsh and William White both of the Township of Sidney in Upper Canada, my executors, and for their trouble give each of them on Guinea a piece over and above all expenses and trouble – and I do hereby denounce, and declare all former wills to be void and this to be my last will and Testament. Given under my hand and seal this thirteenth day of May and in the year of our Lord one thousand eight hundred and three.
The affirmation when before me at York this 21st day of June 1805.
5. CHILDREN and GRANDCHILDREN of James Smith Esq.
This is just a quick overview of each child. See the more extensive records in each section below.
James Smith Esq, wife unknown, from Dutchess Co, NY, likely has a brother Isaac, settles in Murray Twp.
James Smith [junior] - He stays in New York state and in 1812 is described as a yeoman from the Township of Canojoharie, Montgomery County, NY and in 1835 he is a 'gentleman' living in Salina, Onondaga Township, Jefferson County, NY.
Peter J Smith was a Lieut in the Kings American Regiment, came to Upper Canada and died about 1800. His children below are all named in his father's will. Some of his children have been found in other records - see below.
Silas - He was possibly living as a 6 year old with his uncle John Smith in Murray Township 1803 and later as a farmer in Sidney Township. Likely Silas was a younger child of Peter.
Esther - no further record has been found.
Phebe - no further record has been found.
Henry came to Upper Canada around 1794 wife his wife, daughter of George Elmes UE, and died before 1817. His son Seymour is identified in a land record.
John, the youngest, comes to Upper Canada and marries Phebe Lake, daughther of Nicolas Lake UE and settles in Murray Township as a yeoman. Children Silas (1797), Polly (1799), Betsy (1809) and maybe Martha have been identified below.
James Smith [junior] stays in New York state and is described as a yeoman from the Township of Canojoharie, Montgomery County, NY and in 1835 he is a 'gentleman' living in Salina, Onondaga Township, Jefferson County, NY. It appears that James, "eldest son and heir" bought out the one seventh shares of his brother John, nephew Seymour and nieces Bathsheba and Dorcas (see below) and then sold his entire holding to Henry Ripsom in 1835.
#378, 16 March 1812, B&S, John Smith, Murray, yeoman, sells to James Smith, Township of Canajoharry [Canajoharie] County of Montgomery, State of New York, yeoman, 100 acres, part of lot 1 and 2, east side of the River Trent, Con 1, Murray, beginning on the bank of the Bay of Quinte, in the centre of lot 1, north to the concession line between the first and second concession then south then east till it "intercepts the River Trent, thence down the river as it runs to the place of beginning" … "except the reservation in the original grant from the crown", witnessed by John R Bleecker and George Bleecker. Both yeoman, Murray, reg 24 June 1813.
#866, 22 Feb 1820, B&S, Henry Ripsom, Murray, £25, sells to James Smith, all the right Title interest claims and demands the said Ripsom now holds by purchase of Seymour Smith the only heir of Henry Smith who was one of the the heirs by will to the estate of James Smith deceased … witnessed by John Smith and John R Bleecker, Murray, reg 3 Nov 1821.
Peter J Smith identifies himself as a son of James Smith Esq of Murray in petition 58. Lieut Peter J Smith has a very distinctive signature and it may be that he is Peter I Smith but in comparing his handwriting in a few petitions it appears that his name is Peter J Smith. In petition 31 Lieut Peter J Smith declares in Feb 1796 that he was a "late Lieut in His Majestys Kings American Regiment of Foot [KAR] … was in the Province of Upper Canada for this three years and has made considerable improvements on lands which he has purchased in Sydney on the Bay of Quinty." In petition 213 he is asking for lot 11, Con 1 in Sidney and states that "I am erecting a sawmill near it". In 1797 Peter leads a group of inhabitants in and around Rawdon Tp, up the Trent, to petition about the need for a mill and he records that he has 2000 acres of land. In Nov 1799, his brother John petitions to be given the 2000 acres in Rawdon that were granted to his "deceased brother, Peter I Smith".
On 7 April 1800 a small number of men petition about the fact that they "are creditors of the late Peter J Smith, Esq, deceased, to a large amount. In his lifetime he bargained away 2000 acres to James Frederick, a tranchent person, to build a sawmill and race." One wonders if some of the 2000 acres was part of the 1200 acres still owing to his father.
Peter died between 6 Nov 1798 when he petitions and the 18 Nov 1799 petition of his brother John where Peter is stated as "deceased." His father James lists Peter's children as heirs of "my deceased son" in his 1805 will.
That your petitioner's father is an old man and is desirous to receive a Patent for the 1200 acres of land granted him & located – a great part of which is considerably improved.
7 Apr 1800, Kingston, petitioners are creditors of the late Peter J Smith, Esq, deceased, to a large amount. In his lifetime he bargained away 2000 acres to James Frederick, a tranchent person, to build a sawmill and race and James Frederick on his part has not the smallest degree filled. Asking him to finish mill or settle the matter fairly. Joseph Anderson, Peter VanAlstine, John Blacker, Asa Wallbridge, Nathan Curtis.
SILAS - A man named Silas is living with John Smith in the 1803 Murray census and may be the younger son of Peter J Smith who came to Upper Canada with his father.
Henry Smith came to Upper Canada in 1794 with his wife, the daughter of George Elmes, and 3 children and was granted 200 acres. George Elmes died during the War so would not be on the UE list and his children could not claim as children of a loyalist. His wife is named as Mary in 1807 and is presumably the same woman. A Henry R Smith received lot 21, Con 7, Sidney and this may be the same man. The land books for 1797 did not survive so finding what lot he received needs more work. In 1817 his son Seymour identifies himself as the only heir of Henry Smith, deceased suggesting the other children were deceased or not mentioned in Henry's will. No will has been found. Henry is re-elected Town Clerk for Sidney a number of times. See Sidney Minute Book.
A Henry Smith, "surveyor, Sidney" is a very frequent witness to land deeds in the Hastings County Copybooks. Unless proven otherwise, it is assumed that this Henry is the same man as above. Henry is first named in 1802 and first as a surveyor in 1805. He is named 16 times in Book A from 1802 to 1811. He is last named as a witness on 22 Jun 1814 in Book C - see instrument 311. His wife is named as Mary Smith in 1807 as a witness in a land deed in Book B - see instrument 114.
In 1817, Seymour Smith, son of Henry Smith deceased, sells his interest in the inheritance from James Smith Esq.
23 October 1797, Sidney, Henry Smith of Sidney, has been settled for three years past brought with him a wife and three children, his wife the daughter of George Elmes, who died in the British Service during the late War and have drawn no lands for himself nor family … prays for such quantity of land …. Recommended for 200 acres 13 Nov 1797, warrant same day.
Source: Map of Sidney dated 1787. See the chart of the names.
John Smith petitioned in 1792 that he recently was "admitted as a settler" and is granted 200 acres and on 10 May 1797 he petitions again and adds that during the revolutionary war, as soon as he was of age, he "joined the Kings American Rgt [KAR] as Volunteer." This is the same regiment as his brother Lieut Peter I Smith was in. On the very same day, Phebe Lake petitions for land as the daughter of loyalist Nicholas Lake and states that she is the wife of John Smith. There is another John Smith in the area at the time but the juxtaposition of these two petitions strongly suggests that this Phebe Lake married John Smith, son of James Smith Esq.
Furthermore John Smith is listed in the 1803 Murray Census as 31 with wife Polly (24) and children Silas (6) and Polly (4) right beside James Smith, age 71. This record naming Polly as his wife is a fly in the ointment. However in the 1808 Murray census his wife is named as Phebe. One can tell that census records were written out in good copy after the numeration and mistaking Polly for Phebe is possible. Also, Phoebe is named as the wife of John Smith Murray, tailor, in an 1804 court case (see below). It is my conclusion that Phebe Lake is the wife of John Smith, son of James Smith Esq.
If John was born in 1772 this makes him 11 years old at the end of the Rev War and this is very young but not unheard of for a boy to volunteer in a regiment at the end of the war, especially if your older brother is there to look after you. Peter Johnson of the UEL Assoc. reported that John was not listed in the KAR roll in 1781 with his older brother Lt Peter I Smith but he may have enrolled later in the war due to his young age.
In 1802, in petition 53 John states that "for the last eight years [he] has assisted travellers over the mouth of the River Trent" and he asks to be granted a lease to operate a ferry service across the mouth of the Trent River. Alexander Chisholm JP writes a condemning character reference and John does not get the lease. He applies again in 1808 supplying a petition of support from a number of inhabitants but he still does not get the lease.
John Smith is not named in the 1814 census and it is possible he returned to the US where most of his family resided. His brother Henry had also died and his son Seymor returned to the States.
7 March 1792, Kingston, Memorial of John Smith, son of Mr James Smith "whose character & Loyalty are unquestionable and lately admitted as a settler in this District wishes to settle here & improve a farm of his own" and prays for the usual allowance of land.
[fold] 11 Dec 1817, York, I certify the Land Board certificate in the name of John Smith for lot 93 in 3rd Concession Ameliasburgh is not found in my office. Darcy Boulton, Atty Gen.
10 May 1797, Sydney, Humble petitioner Pheby Lake, now wife of John Smith, daughter of Nicholas Lake, lawelist [loyalist], now wife as is settarth? to the ligne [sic] subject of His Majesty Prays she may receive lands ….
[fold] rec'd 26 Aug 1797, Phebe Smith formerly Phebe Lake, recommended for 200 acres, warrant 13 Nov 1797, the warrant ought to have gone to Phoebe Smith instead of Phoebe Lake, described 6197 to Phebe Lake.
Note: Nicholas Lake is granted lot 36, Con 5, Sidney. See chart of Sidney Map.
Rec'd 18 Nov 1799, the Petition of John Smith, Humbly Sheweth, That previous to his brothers death, Peter I Smith, late Lieut during the American War, Your petitioner advanced him several sums of money at different times, seventy two dollars, and boarded him seventeen months - that your petitioner never received any compensation in it, more than making over all his lands to Your Petitioner as per annexed Bill of Sale or Letter of Attorney - Prays that the Military lands granted to his deceased brother that the deed, may issue in his own name - & Your Petitioner as in duty bound will ever pray [signed ] John Smith.
The pet[itione]r must give notice of the application to his Elder Brothers & call on them to state their objections to the prayer of the petitioner.
Rec'd 20 May 1800, John Smith, son of late Judge James Smith, Esq, the Bay of Quinty, petitioner has a location for 200 acres in the Surveyor general's Office under the new regulations prays may be allowed to locate 100 acres of the said lands at the Carrying Place at the head of the Bay of Quinty, will settle and improve the same immediately.
[fold] 26 may 1800, Referred to His Excellency.
Rec'd 26 May 1800, John Smith petitions for a lease. He has obtained from his father south and east half of lot 3, 2nd Con, Murray, wished to build a mill on lot and wishes to lease the remainder of said lot. - deferred. See petition of Wm Fairfield Jr, GW Meyers and Matthias Marsh.
16 Dec 1802, York, John Smith, Murray, yeoman, petitions that for the last eight years has assisted travellers over the mouth of the River Trent and for the four last years he has been upon his own land adjoining the passage, but not having a legal right he has been at no great expense, prays that he be granted a lease of the ferry, he will engage to build a proper craft for the accommodation of travellers under such regulations as Your Excellency may ???.
25 Oct 1803, Council Chamber, The Board ... the petitioner cannot be recommended to have the within prayer complied with the Board concerning him unworthy of this or any other Favor from the Crown. Entered in Land Book 5, page 303.
"Leonard Walden Meyers, Sydney, on 27 July 1804 did assault at Murray Twp, Northumberland District, Phoebe Smith, wife of John Smith, Murray, tailor" ... "with force and arms an assault did make and her, the said Phoebe Smith, then and there did beat wound and evil entreat and these to her other enormous things did to the great damage hurt her .."
On 17 May 1808, we whose names are hereunto assigned petition .. to consider John Smith, son of James Smith Esq, Loyalist, ... the said John Smith has been one of the first settlers in the Township of Murray on the River Trent for the space of twelve years has assisted travellers crossing over said River much to the benefit of the public - the said Smith has built two Scows for the conveniency of ferrying across the River Trent ... we pray therefore .. grant John Smith a lease of the ferry in preference to any other person. Note: there are 52 names of supporters on this petition. See the web page on the Trent River Bridge.
It is very lucky to have early census data that names children and wives. The 1803, 06 and 08 Murray census give us a good idea about John Smith and Phebe Lake's children. Phebe is the daughter of Nicholas Lake. In 1803 John Smith with children Silas and Polly is listed beside his father, James Smith. In 1806 they again appear and at this time so does John Drummond Smith, age 50 with a large family. In 1808 we see they now have 7 members in the family, one more than in 1806. Also in 1808 John D[rummond] Smith is identified and a new John Smith shows up on the scene. A daughter Betsy is born in 1809. It is possible Silas is the son of his older brother Peter who died about 1797.
"Parents: John Smith, Phebe Lake -- Child: Betsy -- Date born: 2 June 1809"
9 Sep 1797, Thurlow, William Smith of Sidney, one of the first to come into this province … wife and four children and since has five more and has not drawn land.
William Smith - granted lot 16, Con 1, 2, Sidney.
Jacob George Smith - granted lot 15, Con 1, 2, Sidney.
Michael Smith - granted lot 20, Con 2, Sidney.
Jacob Smith - granted lot 21, Con 2, Sidney.
Jacob Smith - granted lot 18, Con 3, Sidney.
Thomas Smith - granted lot 33, Con 6, Sidney.
In addition to the above names, these are on this map but not on the list above.
Note: This Peter Smith, merchant, Kingston makes a number of petitions and is not to be confused with Peter I Smith. He is involved in land speculation in Murray and Cramahe at a later date.
Jacob Smith, aged 90 y 2 months, farmer in North Fredericksburgh, died 25 March 1879 and his son John Smith of the same place was the informant.
Thomas Smith U.E.of Kingston Township. OC 14Aug1797.
Mate in the Marine Department on the Lakes during the revolutionary war. Was granted in 1797, 500 acres of land; L33, C6 Sidney, L11, C7 Uxbridge and L50, C2 Camden. Lived 2nd concession Kingston Township. Married Jacoba ---. Known children: Samuel m. Mary Buck and Moses m. Hannah Buck. Refer his will of 1817 and H&D commission, MS657, reel 51, Item #2676.
Showing the western boundary of Sidney and how the right hand bank of the river is in Murray Township. This is the land sought by James Smith. Dated 1814?
This section is under consideration. In April 2012 Catherine Tozer found and sent me a link to the work of Linda Smith about a James Smith, Constable etc, Crum Elbow, Nine Partners.
At this time we are examining things to see if the James Smith in these records is the same James Smith, the subject of this web page. Stay tuned.


text:
Repair and Restoration Project
Old School Room showing bulging south wall and eroded pointing
The building was constructed in 1617, is Listed Grade 2, and was designated as an Asset of Community Value by the Vale of White Horse District Council in March 2017. It is constructed of local chalkstone masonry on a rubblestone plinth, built off sarsen (silicified sandstone) stones at its base. The wall construction above the moulded plinth consists of an outer leaf of ashlar chalkstone, a rubble/mortar core, and an inner leaf of coursed chalkstone; the inner face of the outer leaf is not dressed (i.e. is irregular in form) and consists of varying depths of stone thus creating a bond between the facing ashlar and the core of the wall. The sarsen stones are exposed on the south elevation.
Repointing the ashlar blocks
During some minor repointing work in July 2017 it was brought to the attention of Uffington Parish Council that the problems with the building were greater than had been anticipated – including that it might be unstable. The Parish Council quickly instructed Andrew Townsend Architects of Faringdon, who have much experience in dealing with historic and chalk buildings, and they in turn instructed Clive Halshaw Associates, Consulting Structural and Civil Engineers, to produce a detailed report.
Extensive scaffolding was needed
Whilst the report showed us that the building was not going to fall down imminently, a great deal of work to the structure was essential to prevent that happening in the next year or so. The report showed evidence of movement in all four walls, open joints and cracks in the ashlar and moulded plinth, and defective rain water goods. Fortunately, the problems were confined to the external walls of the building, so very little work was required inside the building, and the Tom Brown's School Museum was able to remain open throughout the summer of 2018, despite being shrouded in scaffolding for four months.
Protective winter skirt fitted
In December 2017 we also started a major fundraising initiative but needed to protect the damp wall during the winter months (see photo on right) until work could begin.
Keeping the new mortar cool and damp
Between December 2017 and May 2018 there was a lot of activity in working up all the specifications, costings, tender documents and submitting the planning application to the Vale District Council for Listed Building consent, in order to rectify all the problems. The opportunity was also taken to reduce the height of the chimney to its original level. In early June 2018 J.B. Kerr Stone Repair & Conservation Services started work.
By the summer the weather had improved to the extent that it was necessary to dampen the new lime mortar to keep it cool whilst drying out!
New guttering installed
In addition to the wall repairs a gutter was fitted along the south side of the roof in order to keep water off the repaired wall and reduce the amount of damp inside the building and erosion of the soil at the bottom of the wall.
Jan Kerr's firm proved to be an excellent choice for the work and they finished the job in early September.
Work completed showing new pointing and guttering
If you think that the building after restoration (left) doesn't look very different to the past, that is a testament to the success of the restoration; the Old School Room, built in 1617 and given to the village in 1958, looks much the same as it ever did, but is now again fit for purpose and ready for the next phase of its life.
Fundraising 'thermometer' in place
The fact that we were able to start work on the project in the following June shows how quickly and generously so many individuals, charities, trusts and other organisations contributed to the appeal. The 'thermometer' shown was painted by a local artist.
Uffington Parish Council held an Open Day on Sunday 28 October 2018, to thank all those who had made a contribution – great or small - towards the restoration.
A list of the principal benefactors may be found below and is displayed in the museum inside the building; the list includes 'The patrons of Uffington Shop' because of the £850 placed in the collection box.
Adrian Swire Charitable Trust
Patrons of Uffington Shop
Compton Beauchamp Estates
Uffington Museum Trust
Friends of Tom Brown's School Museum
Lord Faringdon Charitable Trust
North Wessex Downs AONB LEADER programme
White Horse Show Trust
Oxfordshire Buildings Trust
William Delafield Charitable Trust
The Payne-Gallwey Charitable Trust
The Pilgrim Trust
European Agricultural Fund for Rural Development:
Europe investing in rural areas
Project ref: 109193


Google+ Mom to 2 Posh Lil Divas: Wordless Wednesday: Bath Time Fun - Lil Diva Style!
Wordless Wednesday: Bath Time Fun - Lil Diva Style!
They never cease to put a smile on my face!
These pictures are beautiful! They look like such great friends!
They were having a GREAT time!
These are great!! They are really beautiful!!
These are adorable. They will appreciate these pictures when they are older, for sure!
Thank you visiting my blog and I hope you'll drop by again!
Super cute lil' Diva's!! I saw your blog on the Wednesday Blog Hop and am finally leaving a comment!! I'm a new follower!! Yay!!
Thanks for coming to my blog too!! Look forward to your updates!!
Awww! That's so sweet and cute!
Very cute girls! I have 3 little Diva's and one little Dude! They keep me on my toes but they are so much fun for sure! Found you through the Tuesday Train! Nice to meet you!
Absolutely adorable pictures! I am already a follower, just stopping by to say hello. Feel free to stop in often. Just like any of us, I love comments! Hope to 'see' ya around soon!
I've got two lil divas too!!
OMG, those girls are ADORABLE :) thanks for the follow and stopping by and leaving a comment on my blog! Following you back! You have a precious family....what little cuties!
Your kids are so cute! Thanks for following and I am now too!
My girls won't ever put their ears in the water in the tub!


My guess would be a picture of the horizon.
I'm going to guess the same ... only because Crystal put the idea into my head:) Is there a cookie on the back of the milk container?
i have no idea! but it looks this would be a great commercial for milk! happy wednesday!
Well, since I know what it was, I won't spoil the fun of guessing for everybody else!
And since we're traveling all day today, I'm not sure if I'll get a picture of technology or not! *sigh* Why couldn't the horizon have been today?
I don't have a good guess, but I was going with "Got Milk" too! Happy WW!!


text:
Expanded Real Estate Ownership in Abu Dhabi
By Silvia Pretorius and Zeina Al Oraibi El Zein, 14 July 2019
In the most significant change in real estate law in over a decade, Abu Dhabi has expanded eligibility for real estate ownership to several new categories of persons. This was introduced by Abu Dhabi Law 13 of 2019, which amended the prior statute, Abu Dhabi Law 19 of 2005. The amendment was enacted on 16 April 2019 and took effect on the same day. This is expected to boost real estate demand.
The following categories of persons are now eligible to own real estate in the Emirate of Abu Dhabi:
• Public shareholding companies in which non-nationals own no more than 49 per cent. Under the 2005 statute, companies with any foreign shareholding were eligible only for long-term leases, Musataha rights, or rights of usufruct in respect of real estate in the special investment areas.
• Non-nationals, whether natural or legal persons, may now acquire full ownership rights (often referred to as "freehold") to real estate within the investment areas, and they may sell, mortgage and otherwise dispose of the same. Under the 2005 statute, freehold ownership in the investment areas was restricted to UAE nationals and nationals of other GCC member states.
• Nationals and their equivalents, whether natural or legal persons. The meaning of this reference to "their equivalents" is unclear, but it could possibly mean that national treatment will be extended to nationals of other GCC member states.
• Anyone in whose regard a decision is issued by the Crown Prince or the Chairman of the Executive Council.
It remains the case that a holder of a right of usufruct or Musataha in excess of 10 years may dispose thereof without the permission of the owner, including granting a mortgage; in contrast, the owner may grant a mortgage only after obtaining the consent of the holder of the usufruct right or Musataha. ■
Download Update as PDF


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How To Check Guitar Authenticity?
Piano / Keyboard / By David Williams
Guitar aficionados are notorious for spending maybe a little too much of their paycheck on their guitar collection. Once they buy a new axe and tell themselves "that's it, surely 10 guitars is enough", another one comes along that they fall in love with.
1 Spotting a Fake Guitar
2 Gibson Guitars
3 Epiphone Guitars
3.1 S02021234
4 Fender Guitars
5 Paul Reed Smith (PRS) Guitars
6 Ibanez Guitars
7 Yamaha Guitars
8 Rickenbacker Guitars
9 Gretsch Guitars
10 ESP Guitars
11 Godin
11.1 06053168
12 Martin Guitars
13 Taylor Guitars
And who can blame them? It's a lifelong passion and once you've got it, there's no going back. But when you spend a bunch of money on a top-end guitar, you need to know that what you're getting is exactly what you think it is.
If you're prone to buying second-hand guitars from pawnshops and websites like Craigslist, then you'll know that this can be a great way to find rare, vintage guitars. Unfortunately though, using these means of buying a guitar can also be an easy way to get ripped off by purchasing counterfeits or knock-offs.
This is why it's so important to know what to look for when buying second-hand guitars to make sure what you're spending your hard-earned cash on is the real deal and not a fake.
It is a shame but there are a lot of counterfeit guitars on the second-hand market and it does create a real nuisance for guitar collectors and enthusiasts. They often are built poorly and don't play even half as well as the real thing.
They also have no warranty or trade-in value, so if you don't want to lose out on a lot of money, you need to learn the telltale signs of a phony guitar. This is where we come in to help.
Spotting a Fake Guitar
The key to being able to spot a fake guitar is to know and understand what the real thing should look like. There is a wealth of information available online about certain details about specific guitars, such as the building practices of the luthiers, and what years major changes happened in the materials used or building processes.
Another important thing to bear in mind is the differences in the real, authentic materials and their cheap substitutes that are commonly used in counterfeit guitars.
Reputable guitar luthiers and deals are also a great resource if you want to learn more about the intricacies of vintage guitars. They have a great insight into the sorts of materials authentic guitar makers used as opposed to the more inexpensive imitation parts and materials used by counterfeiters.
Fortunately, in this day and age, you can quickly and easily look up your guitar's serial number online, provided it has one. Checking the serial number is the best way of validating a guitar.
Most manufacturers allow you to search their databases for serial numbers, and this should bring up a description including all the specifications of the guitar.
Let's take a look into specific guitar manufacturers and how to validate them.
Gibson Guitars
On a Gibson guitar such as a 335 or a Les Paul, the serial number is located on the rear of the headstock. Gibson uses a particular dating pattern for their serial numbers. Between 1975 and 1977, Gibson used an 8-digit dating code. The first two of these digits were the year.
99 = 1975
Following 1977, Gibson started using the serial number pattern of YDDDYRRR. YY is the year of production, DDD is the day of the year, and RRR is the plant designation number or factory ranking.
Prior to 1984, the RRR numbers ranging from 001 to 499 indicated that the guitar was manufactured in Kalamazoo, Michigan. Following the closure of the Kalamazoo factory, Gibson guitars were manufactured in Nashville, Tennessee. The RRR numbers 500 to 999 indicate that the guitar was manufactured in the Nashville factory until 1989.
Since 1989, Gibson's acoustic guitars have been manufactured in Bozeman, Montana. Gibson electric guitars, on the other hand, have continued to be manufactured in either Nashville or Memphis.
The RRR serial numbers on the Gibson acoustic guitars from the Bozeman factory start at 001 each day. The RRR number on the electric guitars from Nashville or Memphis may start in the low 300s.
Let's take a look at a couple of examples of serial numbers taken from the Gibson website:
As you can see, the numbers in bold represent the year the guitar was made. So, this guitar was built in 1978, on the 10th day of the year (January 10), and it was the 276th guitar that was stamped on that day. Because this guitar was built before 1984, we can say that it would have been built in the Kalamazoo factory.
Since this guitar was built in 1985, we can say that it was built in Nashville since the factory in Kalamazoo closed a year earlier. We can also say that the guitar was built on the 267th day of the year, which would be October 3.
Also, it was the first guitar that was stamped on that day. This is indicated by the RRR number of 501, and because the guitar was built before 1989.
In July of 2005, Gibson increased their serial numbers from 8 digits to 9. They added the extra digit in the middle of the sequence at the sixth number. This number indicated the batch number of the guitar, so the new sequence looks like this: YDDDYBRRR
The batch number was included before the plant designation or factory ranking number. The number would start at 0 at the beginning of each day. Once the RRR number reached 699, the batch number would change to 1.
There are a couple of exceptions to these serial number systems though.
The Les Paul Classic features either a five or six-digit serial number that's stamped in ink. It does not feature the "MADE IN USA" stamp that's seen in the original models from 1952 to 1960.
In 1989, Gibson started using a four-digit serial number on the Les Paul Classic always beginning with the number 9. Between 1990 and 1999, a five-digit serial number was used with the first number indicating the year. 0 was used for 1990, 1 for 1991, and so forth.
Between 2000 and 2005, a six-digit serial number was used. The first two of these digits represented the year. These serial numbers also differ from the four and five-digit serial numbers because they did not include a space between the year indicator and the rest of the digits.
During Gibson's centennial year, they used a serial number beginning with 94. The other six digits were the factory ranking number.
Since 2014, Gibson USA has not used a serial number that indicates the exact day of manufacturing. Instead, they only include the year and the factory ranking number. The sequence they have used since 2014 is YYRRRRRRR.
Some new models are built for the following year in the fall, so it's possible to have a 2015 Gibson guitar that was actually built in 2014, for example.
The nuances in Gibson's serial numbers don't stop there. There are even more differences when it comes to Gibson's Custom range, their dobros, and their banjos. For information on the serial numbers of these instruments, you should refer to the support page on Gibson's website.
Epiphone Guitars
The location of the serial number on Epiphone guitars depends on what type of guitar it is. On their acoustic guitars, the serial number is located in the soundhole. On their semi-hollow body guitars, it's located inside the top F-hole. On their electric guitars, it is on the back of the headstock.
Since 1993, most models of Epiphone guitars use the serial number sequence FYYMMRRR. F in this case represents the factory code. Sometimes this can be two letters. YY is the year in which the guitar was built.
If the guitar was made in the 1990s then this will only consist of one digit. MM represents the month, and RRR is the factory ranking number. The ranking number may be fewer than three digits, and it is not necessarily indicative of the number of guitars made during that particular year.
Epiphone is owned by Gibson guitars, so information about Epiphone's serial numbers can also be found on the Gibson website. Let's take a look at an example of an Epiphone serial number from the website.
As you can see, the digits in bold represent the year and the month of manufacture. This example would be for a guitar built in February of 2002.
Another serial number sequence that is used in newer models of Epiphone is FYYMRRRR, where the month is indicated by a letter instead of a number. For example, S19D1234 would be for a guitar made in April of 2019.
Fender Guitars
Much like the serial numbers on Gibson guitars, Fender's serial numbers vary depending on the age of the guitar and what model of Fender it is.
Fender guitars that have a four-digit serial number located on the bridge indicate that the guitar was built between 1950 and 1954. Four or five-digit serial numbers on the neckplate indicate that the guitar was built between 1954 and 1963. If the serial number on the backplate begins with an "L" then it was built between 1963 and 1965.
From 1965 to 1978, they used a six-digit serial number on the "big F" on the neckplate. From 1976 they located their serial numbers on the headstock. These serial numbers from 1976 onwards always started with a letter followed by 6 or 7 digits.
Japanese Fender guitars feature their serial numbers on either the back of the neck where the neck meets the body or on the headstock. These serial numbers, however, tend to be inconsistent and are subsequently more difficult to date accurately.
Fender guitars that were built in Mexico have their serial numbers on the back of the headstock. These serial numbers always start with the letter "M".
The serial numbers for Fender guitars can be searched in the database on Fender's website.
Paul Reed Smith (PRS) Guitars
On a PRS guitar, you can find the serial number either on the neck plate or on the headstock if the guitar is a set-neck model. At the start of the serial number, there is a number that represents the year in which the guitar was built.
Some numbers can represent multiple years though. For example, if the serial number begins with 1, the guitar could have been built in either 1991 or 2001.
Since 2008, PRS has used two digits to represent the year of manufacture instead of one. This makes the year of the guitar easier to distinguish. Set-neck models, however, have a more complex sequence in their serial numbers. A table of the serial numbers along with their corresponding years can be found on the PRS website.
Ibanez Guitars
Because of the fact that Ibanez guitars are outsourced at many stages in their production, they do not have a unified system for serialization. Serial numbers on Ibanez guitars vary depending on the model of the guitar.
On some models, the serial number is located on the back of the headstock in either printed form or a sticker. Other models have the serial number on the neckplate or stamped below the last fret. On their acoustic models, the serial number is either printed on the label inside the soundhole or stamped on the neck block on the inside of the body.
The sequences used in Ibanez serial numbers are dependant on the year of manufacture and the country of origin. Japanese Ibanez guitars from November 2004 onwards start with the letter F, and then a two-digit number representing the year of manufacture followed by five digits that are the factory ranking numbers. For example, F1412345 would indicate that the guitar was built by FujiGen Gakki in the year 2014.
Two letters at the start of the serial number indicate that it was made in Korea between 2000 and 2008. These serial numbers also feature the year with two digits, in addition to the month in which the guitar was built. Following this, there is a four-digit number that is the production number for that month. The first letter or two letters represent the factory code. For example, F141234 tells us that this Ibanez was built in July 2002 by Cort Guitars.
For more information about Ibanez serial numbers, visit the Ibanez wiki.
Yamaha Guitars
On both the classical and acoustic guitars made by Yamaha, the serial number can be found inside the soundhole. This can either be printed on the label inside the soundhole or stamped on the inside of the guitar.
Their serial numbers contain letters that indicate the year and month of manufacture. The letters for the month correspond to the number of the month, for instance, H – Z represents 1 – 12.
The sequence used for Yamaha's serial numbers varies depending on when it was manufactured. There are 15 different systems used for their serial numbers dating back to 1941.
For Japanese custom shop models of Yamaha guitars made between 1991 and 1996 could feature a serial number such as HN701J, for example. The sequence used for this example is YM###J. Yamaha guitars from this time period always started each month with the number 700. In our example, we can say that this guitar was from July of 1991. H means 1 and N means 7, and 701 would be the first guitar made for that month. The final letter in the sequence is an internal code.
Rickenbacker Guitars
The serial number on Rickenbacker guitars can either be found on the neckplate, bridge, or output jack plate.
Between 1954 and 1960, Rickenbacker used a serial number system that could be used to date the guitars using a six-character sequence that indicated the model, the last digit of the year followed by a production number. For example, 4C7768 would be a Rickenbacker 400 series Combo that was built in 1957.
Between 1960 and 1986, Rickenbacker used a letter-to-number system to indicate the year and the month of manufacture. These serial numbers during this time were stamped on the jack plate.
Newer models of Rickenbacker guitars from 1998 onwards have the last two digits of the year stamped on the top of the jack plate. At the bottom of the jack plate, the rest of the serial number was stamped.
Depending on when the guitar was built, the serial number on a Gretsch can be found on the top edge of the headstock, on the inside back of the guitar, or a label inside the guitar.
Gretsch guitars that were built between 1939 and 1965 had sequential numbering for their serial numbers. From 1967 to the early 70s, the serial number's first digit or two digits represented the month, and the following one or two digits represented the year. This started with 7 on guitars made in 1967.
Gretsch guitars that were built between 1973 and 1981 had a similar system. The first digit represented the month and then a digit to represent the year starting with 3 in 1973. Sometimes these serial numbers featured a hyphen between the month and the years.
Since 2003, they have used two digits for the year and two digits for the month, followed by a production number.
Gretsch's website is a great resource for dating their guitars.
ESP Guitars
On ESP guitars, you can find the serial number either on the neckplate, on the back of the headstock, or underneath the pickups.
Before the year 2000, ESP guitars used the serial number sequence DDMMYNNN. The last three digits of this number are a production number. If the serial number is located underneath the pickups, the sequence used was #MMYNN.
From 2000 to 2015, ESP used the sequence FYYWWDNN. The first letter of this sequence is the factory code, followed by two digits for the year and two digits for the week. After this, there is a single digit for the day of the week, followed by a production number.
Since 2016, ESP has used the sequence BNNNNYYF for its serial numbers. The first letter in the sequence is the brand. This is either E for ESP or ES for E-II. This is followed by a production number, two digits for the year, and a factory code last.
Godin guitars have their serial number on the back of the headstock or inside the soundhole. The sequence used for their serial numbers is YYWWDRRR. This one has a two-digit year where the production begins in August, followed by a production week number, the day of the week, and finally a weekly rank.
Let's take a look at an example of Godin's serial numbers.
In the above example, we can say that this guitar was built in September of 2005. This is because it was in the fifth week of the start of the 2006 production year. We can also say that it was built on a Wednesday and that it was the 168th guitar that was built during that particular week.
Martin acoustic guitars always have the serial number stamped inside the guitar on the neck block. Martin's website features a serial number chart that you can use in order to date your guitar accurately. The serial number 8348 was the last number used in the year 1898. Therefore, the guitar with the serial number 8349 was the first Martin guitar that was built in the year 1899. This is the most straightforward of the whole lot.
Taylor guitars have their serial number located on the label within the soundhole. This serial number can consist of either 9, 10, or 11 digits.
Between 1993 and 1999, Taylor used a 9-digit system with the sequence YYMMDDSPP. This sequence consists of the year, month, day, and series code followed by the production number.
From the year 2000 to 2009, Taylor guitars used an 11-digit sequence. The format of this sequence was YYYYMMDDSPP.
From November of 2009 onwards, Taylor has used a 10-digit sequence. The format of this sequence is FYMMDDYPPP. F is a factory code. This indicates which factory the guitar was manufactured from. 1 represents the El Cajon factory in California, whereas 2 represents the factory in Tecate, Mexico.
Taylor's website has a support page where more information can be found on their serial numbers.
https://www.youtube.com/watch?v=G6gyyB6deTQ&ab_channel=AndrewKeeping
Video can't be loaded because JavaScript is disabled: How to check a guitar before buying- Don't make the mistake of not knowing what to look for. (https://www.youtube.com/watch?v=G6gyyB6deTQ&ab_channel=AndrewKeeping)
Hi, my name is David Williams, and I play the french horn. However, I can also play the piano, violin, and the majority of wind instruments. I have been reading music and playing musical instruments from a young age, and I love regularly playing instruments as part of an orchestra. There is something so fantastic about hearing the instruments all come together to perform an impressive piece of music, especially when it is a classical piece.
I recently decided to share my love for music and instrument playing online, in the hopes that it would encourage others to try something new. Playing an instrument is both fantastic and rewarding. Through this blog, I hope that you will gain a clearer understanding of both music and musical instruments.
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What is a Coda? Definition, History, and Examples
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Essex is a county known for its creative vibe. We have an abundance of festivals celebrating music, art, literature and poetry; an exciting range of galleries and locally-made crafts can be found in all the best retail outlets. This is a vibrant, creative and buzzing county – check out our What to do in Essex guide of the best artists, crafts people, galleries and other outlets.
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