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allowed as aforesaid six dayes more, that is to say from the Six-
teenth to the twenty second of the same August, which said three
Voyages or turnes so by the said Thomas & his Sloop & men made
for the said James as aforesaid amounts to as by Agreemt three
thousand nine hundred pounds of tobacco And which said dayes of
Demurrage made by the said Sloop & men by default of the said
James by not haveing her loading ready in foure dayes after her
arrivall & notice to him given as aforesaid according to Agreemt as
aforesaid amounting to thirty dayes demurrage in the whole the
said Thomas saith he for the same doth reasonably deserve to haue
the sume of One hundred pounds of tobacco p day which amount-
eth to the sume of three thousand pets of tobacco, which with the
said three thousand nine hundred pounds of tobacco due for the
three turnes as aforesaid amounteth to in the whole the sume of
six thousand nine hundred pounds of tobacco Yet the said James
Mills his promise & assumpcon so as aforesaid made not reguard-
ing, but deviseing & fraudulently intending him the said Thomas
Jones of the said Six thousand nine hundred pounds of tobacco to
him so due as aforesaid to deceive & defraud, the said Six thousand
nine hundred pounds of tobacco to him the said Thomas although
often thereunto required hath not paid or satisfied, but the same to
pay or satisfie hath denyed & as yet doth deny to the damage of the
said Thomas tenn thousand pounds of tobacco & thereupon he bring-
em his suite
And the said James Mills by Kenelm Cheseldyn his Attorney
cometh & defendeth the force & injury when &c and prayeth liberty
to imparle hereunto untill next Provinciall Court & itt is granted
unto him, the same day is given to the plaintiffe also
Now here att this day to witt the Sixteenth day of Octobr in the
third yeare of the Dominion of Charles Lord Baltemore &c Annoq
Doni 1678 cometh as well the said plaintiffe as the said Defendt by
their Attorneys aforesaid And the said James by his said Attorney
saith, that he did not assume upon himselfe in manner & forme as
the said Thomas Jones hath above declared against him And of this
he prayes the judgemt of the Court And the plaintiffe also And here-
upon the declaracon & plea aforesaid being read & by the Justices
here fully understood Itt is considered that the said Thomas Jones
recover against the said James Mills as well the sume of three thou-
sand One hundred ninety Eight pounds of tobacco damages occa-
sioned by the prmisses As also Six hundred sixty six pounds of
tobacco costs of suite And the Defendt in mercy &c
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Liber N N
p. 716
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