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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 83   View pdf image
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                                                                                                    83

       To Assist in the Navigating the said Shipp or to suffer the said
       Master to deliver the Remainder of the said Goods to Leach being
       bound as aforesaid  The Comp.lt thereupon applyed himselfe to the
       said Leach who (as the Comp.lt verily beleived) was acquainted
       with his Imployers Condicon combining with the said Fullford
       how to defraud the Comp.lt of the lure of the said Shipp & the
       Seamens wages Victualls & Port dutyes aforesaid which the
       Comp.lt desired him to pay or secure he the said Edward Leach not
       only refused soe to doe pretending the same was not yet due or
       payable but did demand the said Goods (made over as Security as
       aforesaid) by vertue of his Bills of Lading forgained as aforesaid
       & Comanded the Comp.lt with the said Shipp & Seamen to sayle to
       the Port of London without shipping one pound of tobacco on her
       bit to lett her goe empty Which the said Seamen understanding and
       that if the said Master parted with the said Goods (security as aforesaid)
       they would have their pay secured out of the said shipp furniture
       & tackle lid which done they refused to sayle  And thereupon
       the said Edward Leach takeing advantage thereof did not only
       drawe a Protest against the Comp.lt but hath brought three
       severall Accons against the Comp.lt one for breach of the said Charterparty
       & the other two on the said two Bills of Ladeing & proceeds
       with all violence therein intending as much as in him lyes to
       ruine the Comp.lt contrary to Equity Therefore & forasmuch as
       matters of this nature are only proper for a Court of Equity the
       Comp.lt insrtrictnes of Lawe being not able to Inforce paym.t for the
       hire of the said Shipp till the Certificate returned as aforesaid & to
       have security for the same & to indemnpnifie the Comp.lts said Shipp
       from the Seamens wages aforesaid and for that there is an apparent
       fraud in the said Fullford & Leach to defeat the Comp.lt & others his
       owners of the hire of the said Shipp by sending her home empty
       yett sueing for the said Goods (which are as security as aforesaid)
       against which fraud he humbly craved the aid & assistance of
       this Hon.ble Court & that the said Fullford & Leach might answer
       the p.rmisses & be ordered to pay or Indempnifie the Comp.lt & Shipp
       from the said Seamens wages & from Port dutyes paid & to be paid &
       pay & secure the pay for the Victualling of the said Shipp & pay or
       secure the pay for the hire of the said Shipp by & out of the Goods
       shipped on board the said Shipp & that the Goods remaining in the
       said Shipp may be appraised & sold for paym.t of the same accordingly
       & that the said suites might be stayed by Injunction & the Comp.lt
       releived according to Equity was the scope of the plaintiffes Bill
       whereunto the Defend.t Edward Leach (the other Defend.t being absent
       in England) being duely served with proces for that purpose appeared
       & answered the said Comp.lts bill & thereby (amongst other things) did
       sett forth that he believed there was such a Charterparty betweene
       the Comp.lt & Fullford & that the Comp.lt sett sayle & was forced into
       Barbadoes refitt & amend but beleived itt was through the negligence
                                                                                                 (of)


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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 83   View pdf image
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