416        Chancery Court Proceedings, 1672-73.

        Liber P C  sell the wynes for the best prize he could procure And to Give a
               True & iust Account of their sales and produce. And to ifoilow the
               Ccmplts order in the Disposall of the Proceed thereof. And for his
               paynes and Comission and Storehouse the Complt was to Allow him
           p.36    Seaven and a halfe p Cent.° That the Defendt haueing made Sale
               of all the said Wynes, and being called to an Account by the Complt
               for the same, had Rendered an Imperfect Account which ought to
               haue beene Rectifyed in that he had put in an excessive Rate for the
               hyre of Sioopes and men which he never hyred either, As also for
               Coopers to mend the Casque when there was noe Occassion, And sold
               Sevrall of the said wync3 for Two Thowsand pounds of Tobacco p
               Pipe. when the Complt with the privity of the Defend.t had Agreed
               with the same psons for Two Thowsand ffive hundred pounds of
               Tobacco p pipe, whereby the said Complt and Partner were Dam-
               nyfied Three Thowsand pounds of Tobacco at least And the Defendt
               hath also Ommitted out of his Account Six barrells of wyne which
               was Stollen or drunck by his Servants who had the Key of the
               store which at foure hundred pounds of Tobacco p barrell Come to
               Two Thowsand four hundred pounds of Tobacco, besides he had
               Omitted these sumes and quantityes ffoliowing (vizt) Sold unto
               John Browneing ifourteene harrells nf wyne for Seaven Thowsand
               pounds of Tobacco. To Mr Measure One gallon. To W Chasse
               Two gallons. To John Charles Two gallons. To Matewood Six
               gallons. To Arthur Thomson One gallon in all Twelve gallons
               which amounted to the Sume of Two hundred & ffortye pounds of
               Tobacco, for all which he ought to have Accounted and ought to be
               allowed to the Complt and his Coepartner, besides foure Barrells
               he had Spent for his owne ffamiiy drinking, which comes to Two
               Thowsand pounds of Tob. As aiso the Complt and his partner are
               Damnifyed ifour Thowsand Eight hundred Seaventy and five pounds
               of Tobacco in that the Defendt had Contrary to the Compits order
               which he was to follow Sold Thirty wyne Barrells more then the
               first Pypes for Two Thowsand pounds of Tob p pipe when he might
               and had order not to sell the same under ffive & Twenty hundred
               pounds of Tobacco. And the Complt ffurther Shewed that the Said
               Mr Nethway did give order To Mr William Taylor of Boston in New
               England to Send into this Province Vessells to take in the Tobaccos
               which was the produce of the Said wynes. And Accordingly the
               Said Willm Taylor did take freight upon the Endeavor of Boston
               whereof was Master Samuell Legg for ffifty Hogsheads of Tobacco
               at Twenty Shillings p Hogshd. and although the Complt did give
               order to the Defendt to Lade the Said quantity of ffifty hogshds of
               Tobacco and that the Said Defendt had in his hand reced of the
               produce of the Said wynes more by much then would Answer the
               said ifreight yet the Defendt did Lade noe more then Thirteene
               Hogsheads of Tob and Seaven Barrells of Porke, wherby the Complt