470       Chancery Court Proceedings, 1675.

       Liber P C   in repairing the said Shipp, and the Defend.t att the Comp.lts instance
              & request of the Comp :1t did Sell of the Goods out of the said Shipp to
              the Value of about One hundred & fifty pounds sterling which he paid
              to the Comp :1t & his Order for repairing & fitting the said Shipp
              which was agreed to be in part of the hire of the said Shipp And
              the Defendt said that one of the Bills of Ladeing in the Bill menconed
              given att Barbados was for the proper Goods of the Defend.t Leach
              Shipped att London & marked with this Defend :ts proper marke, &
              the other for the proper Goods of the Defend.t ffulford And that on
              or about the third day of May One Thousand six hundred Seaventy
              six the said Shipp did Arrive in this Province of Maryland, & that
              soone after some part of the Goods of the other Defend.t ffulford
              was by the Order of this Defend.t delivered out of the said Shipp by
              part of the said Goods to the Value of One Thousand pounds
              sterling were left in the said Shipp although the Defend.t as ifactor
              & Assignee of the said ffulford Ordered the Comp :1t to deliever
              them & to Sayle with the said Shipp for the Port of London, yet
              the Comp :1t refuses to doe the same contrary to the said Charter
              party And the Def.t further said, that by the said Charter party there
              was not att the Shipps Arrivall in this Province nor att this tyme
              any thing to be paid for the hire of the said Shipp according to the
              said Charterpty without a Certificate or other true notice att London
              of the said Shipps Arrivall here, and if due & payable itt was not
              intended to be paid in this Province but in England where money may
              be had for the doeing thereof And he further said he knew not of
              any Statute of Bankrupt Sued out or intended to be Sued out agst
              the other Defend.t ffulford as was suggested in the Bill nor had he
              any Letters to that purpose but said that he had received letters
              that the said ffulford was ready to pay the just hire of the said
              Shipp & what was otherwise due, the Comp :1t fullfilling the said
              Charter party And the Defend.t further said that when he Ordered
              the Comp :1t to Sayle for London he Offered the Seamen security
              for their Wages here if itt were not paid att their arrivall in London
              And the Defend.t denyed that by Letters he was privy or Acquainted
              with the said ffulfords Condicon as in the Bill, & denyed Combi-
              nacon with him, & he humbly conceived that he was not compellable
              either in Lawe or Equity to secure the hire of the said Shipp itt
              being payable in England & not yet there dethanded & denyed, and
              alsoe the Seamens Wages And the Defend.t further said that he had
              paid all Port Dutyes for the said Ship of him hitherto demanded,
              and that the said Shipp was Victualled in England by Order of the
          p.85     said ffulford, And the Comp:lt noe wayes Engaged for the same
              as this Defend :t was informed And the Defend.t humbly conceived
              that noe part of the said Goods belonging to the said ffulford ought
              to be detained by the Comp :1t without itt had appeared the Said
              ffulford had broke the Charter party And that the Defend.t ought