|
|
|
126 Provincial Court Proceedings, 1679/80.
|
|
|
|
Liber W. C.
|
craves Judgment of the Court whether the said writt ought to
abate or not, And the said plt likewise
Which being read heard and argued and by the Justices here
ffully undrstood Itt Seemeth to the same Justices, that the said plea
of the said Defendt in abatement of the writt aforesaid in manner
and fforme aforesaid pleaded, and the matters in the same Contained
are sufficient in Law to abate the aforesaid writt against the said
Defendant in fforme aforesaid Obtained, Therefore Itt is Consid-
ered that the Writt aforesaid against the said Defendant in fforme
aforesai[d] obtained shall bee abated and the said Defendant may
goe thereof wthout day And also that the said Thomas Taylor
recover against the said William Dolberry the sume of
pounds of tobacco, ffor his costs and charges by him about
his Defence in this behalfe laid out & expended And that the said
Thomas Taylor may have thereof Execution &c
|
|
|
|
James Bennett & Wm
Dolbury
agt
Thomas Taylor
|
Thomas Taylor late of Dorchester County
otherwise called Thomas Taylor of Dor-
Chester County was sumoned to answere
unto James Bennett and William Dolbury
in a plea that hee hold Covenant with them
|
|
according to the fforce forme and effect of a certaine Indenture of
Charter pty made between Edmond Dwyer on the behalfe of the
said Thomas Taylor, and them the said James Bennett and William
Dolbury wch to keepe with them hee ought &ca
And Whereupon the said James Bennett and William Dolbury
by Kenelm Cheseldyn theire Attorney saith that Whereas by a Cer-
taine Indenture of Charter party made the one and twentieth day of
August in the thirtieth yeare of the Reigne of or Soveraign Lord
King Charles the second of England &c Annoq Dominj One thou-
sand six hundred Seaventy eight Between them the said James Ben-
nett and William Dolbury, by the names of James Bennett of sarum
in the County of Wilshire Marchant, and Wm Dolbury of the
County and Towne of Poole Marynr and Master under god of the
good shipp called the sarum Marchant of Poole Burthen Two
hundred Tunns or thereabouts, ffor themselves and Partners of the
one part, And Edmond Dwyer, ffactor and agent of the said Thomas
Taylor, by the name of Edmond Dwyer of Little Choptancke in
Maryland Marchant, ffor and on the behalfe of the said Capt
Thom [as] Taylor of the same place of the other part, of wch
other part whereof with the seale of the said Edmond Dwyer, signed,
they bring here in Court, the date Whereof is the same day and
yeare above written Itt is witnessed, that the said James Bennett and
William Dolbury did by those presents grant and Lett to ffreight
unto the said Edmond Dwyer his ffactor or assignes part ffreight
in the said ship in the prsent intended Voyage under mentioned, and
hee the said Edmond tooke or hyred the same to ffreight as ffol-
|
 |
