Volume 10, Page 69 View pdf image (33K) |
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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Volume 10, Page 69 View pdf image (33K) |
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