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Judicial and Testamentary Business of the Provincial Court, 1649/50-1657
Volume 10, Page 69   View pdf image (33K)
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         Court and Testamentary Business, 1649 50.69

      

      

      

       and vppon pduceing an Agreemt of References of all differ- Liber A.

       ences therein expressed betweene him the said Mr Hatton and

       the said Capt Mitchell to the Arbitracon of Mr Cuthbert ffen-

       wick and Barnaby Jackson dated the sixt of december last

       wherein the said parties bound themselues each to the other

       for performance of such Award as the said Arbitrators should

       make herein. And vppon pvsall of a certaine paper Writing

       subscribed by the said Arbitrators dated the tenth of the same

       moneth and menconed to bee an Award, The said Mr Hatton

       desireing the opinion of the Court whether an Award or not

       in respect there were no parties named therein nor any thing

       awarded to bee paid nor noe end put to any difference This

       Court conceiving, albeit there was some want of forme in the

       said paper writing Yet that the Arbitrators did really intend

       the same to bee theire finall Award and determinacon touching

       the said Mr Hattons alloweance for the dyeting and enter-

       tainemt of the said Capt Mitchells servants at his House and

       the other charges menconed in an Accompt then brought vnto

       them by the said Mr Hatton, And vppon the said Arbitrators

       oathes taken in Court. That to the best of theire consciences

       without favour or malice they arbitrated the busines in dispute

       betweene Mr Hatton and Capt Mitchell as they delivered vnder

       theire hands. And vppon full hearinge What could bee

       alleadged on both sides ‘This Court doth adiudge and declare

       the same to bee a finall Award & determinacon touching the

       said Mr Hattons said alloweance menconed in his said Ac-

       compt And that the said Capt Mitchell ought forthwith to pay

       to the said Mr Hatton the Two thousand five hundred and

       seaventy pounds of Tobacco with Caske therein menconed

       And that vppon the said Capt Mitchells refusall or delay of

       paymt thereof, the said Mr Hatton may (if bee thinke fitt) take

       forth Execucon for the same According to the reall intencon

       (as is conceived by this Court) both of the said Agreemt of

       Reference and Award, And for a firme and full end of all the

       said differences, this Court doth Order that the said Mr Hatton

       being satisfied said Two thousand five hundred and seaventy p.

       pounds of Tobacco and Caske noe further advantage shall at

       any time bee taken by either party vppon the said Agreement

       of Reference or Bond or any thing therein conteyned.

          Execuc inde ad satisfac 21 ffebr.

       Thomas Ashbrooke plte    The deft maketh oath that hee onely

       Nathaniell Hunt deft had and received of the Complte two

       hogsheads of Tobacco weighing six hundred forty and three

       pounds Nete and noe more

      

       Georg Manners plte The compltes suite being for twelue bun-

       Thomas Warr deft dred pounds of Tobacco in Caske due by Bill

      



 
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Judicial and Testamentary Business of the Provincial Court, 1649/50-1657
Volume 10, Page 69   View pdf image (33K)   << PREVIOUS  NEXT >>


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