Volume 49, Page 451 View pdf image (33K) |
Provincial Court Proceedings, 1665. 451 hindred from the impioying of the same Contrary to the Couenants Liber F F and Condicons specifyed in the aforesaid Chartr pty and yor peti- [p.29] coners hauing as yet good part of the said terme yet to come for the imploymt of the said Barke and hauing seuerall Goods and Mer chandize to transport out of this prouince are now through the euill treatment and by the meanes and Occasione of the sd Stapiefort hindred Obstructed and deenied the Imploymt of the said Barke whereby theire Goods & merchandize will be utterly spoyied and lost, and of the benifitt & proffItt of the imploymt and ffreight of the same will be utterly depriued, although yor pets cann make appeare that they haue allready paid all or at least the greatest part of the money due for her hyer for the whole terme of twelue months Wherefore yor petr saith they are Exceedingly dampnifyed and therefore humbly prayeth Judgmt agt the sd Staplefort for three hundred pounds sterling, the benifItt due to them from the said Staplefort for non-performance of his part of the said Deed of Chartr as will appeare by the said Deed and for theire Cost of suite And they (as in duty hound) shall euer pray Justinian Gerrard dds writt agt John Carrington in an accon uppon May 26th his Case to the uallue of ffowre thowsand pounds of tobaccoe Warrt to the sherriffe of St Marys County to arrest &c ret next Prouinall Cort 13th June. Justinian Gerrard humbly Complaineth to this Honble Court for That whereas John Carrington late of Virgenia Laborour Did by Couenant indent to serue Thomas Gerrard this Complainants ffather, him the said Thomas Gerrard to serue from the twelfe day of May one thowsand six hundred sixty ffiue as will (Relacon to the said Couenant being had) more at large appeare, and he the said Thomas Gerrard him the said John Carrington for a ualuable Consideracon for the time he had to serue unto the plt him the said Carrington [p. 30] making ouer & Assigning as by a Certaine specifycacon on the sd Couenant bearing date the tenth day of Decembr one thowsand six hundred sixty ffowre may & will appeare Whereby Vertually the said Carrington unto the plt: A seruant according to the said Coue nant ought to be. Now soe it is that the said Carrington Contrary to law Equity and Reason and Especially him the said Justinian Gerrard Pit: only minding to defraud Cozin and Cheate, hath himselfe Elloyned ab sented and detained for seuerall weekes Contrary to his Couent. Therefore the plt saith in fact that he for the said seruts Elloyn ing, Absence and Detainer is dampnifyed to the uallue of ffowre thowsand pounds of tobacco, and therefore humbly Craueth Judgmt of this Court to be repossed of the said serut and that his Damage and Cost of suite may be allowed him &c |
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Volume 49, Page 451 View pdf image (33K) |
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