Volume 49, Page 164 View pdf image (33K) |
164 Provincial Court Proceedings, 1663-64. Liber B B day of January 1663, as by Bond past under the sd Hannahs hand & [p.220] Seale shall more appeare, yett notwthstanding yor Petr cannOt receaue satisfaction uppon his sd Bond, neither from the sd Hannah nor Willm Price her husband, but makes delayes therein. Wherefore yor Petr humbly craues from this honble Court an order for the speedy paymt of yor Petrs Tob, Costs & dammages & hee shall pray &c: March p° Charles James dds writt agst Henry Woolchurch accon Case. Wart to sheriffe Anarundell County to arrest &c: Ret. next Prou: Court 50 Aprill next. Charles James is pH. Henry Woolchurch is deft. The plf declares agst the deft in an accon of the Case, for tht whereas the deft by condicon dated the 18th day of March Año 166i, was thereby obliged to bee accountable unto the pH for the one half e part of the profitt, wch one man seruant of the plfs mentioned in the sd Condicon & left by the pft in the dëtts hands or charge, for a cer tame tearme, as in the sd Condicon is expressed, may more att large appeare, should att his calling gett. But neuer the lesse the deft con trary to the true intent & iust meaning of the sd Condicon, him the sd seruant att other worke & about other imploymts than the usuall imploymt or Trade of the sd seruant (wch the deft was by Condicon only to keepe him unto) did him the seruant constraine to worke att, & him to his prticular ends & profitt did conuert, of purpose as the plf uerily beleiueth him to defraude of the sd seruants iust labor. And the pH hauinge reasonable demand for the time of his sd seruants being soe otherwise imployed, wch if it had not soe bene, his seruant wthout all question, att his owne profession might haue far more aduantaged his time. But the deft hath, & still doth refuse unto the pff iust satisfaction to giue in manner as aforesd. Wherefore the [p. 221] plf sayth in ifact hee is damnifyed, for his seruants being otherwise imployed then as in the aforesd Condicon is expressed, & for want of paymt for the Considerãon of his time to the ualue of Two Thowsd pownds of Tob, All wch the plf Leaues to the Considerãon of this Honble Court, & prayeth Judgmt agst the deft for his sd Dammage, & Costs of suite, & hee as in duty bownd shall euer pray &c: March 5th Robt Gowland dds writt of Exequuon agst the Estate of ffrancis Bachiler, for 20001 Tob, according to Judgmt 90 Septembr Last. Vid fol. 96 Writt to the sheriffe Charles County to Leauy &c: according to Order. To the Clerke 94£ 2109 To the sheriffe 15 uide fo 253 Margery Battin dds writt agst Thomas Bennett accon Debt to the ualue of 35401 Tob. & cask. |
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Volume 49, Page 164 View pdf image (33K) |
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