| Volume 70, Page 426 View pdf image (33K) |
Provincial Court Proceedings, 1683.
Liber W. C. prayeth liberty of speakeing hereunto untill the next Provinciall
Court and it is granted unto him And the same day is given to the
plt likewise
Att wch said next Provinciall Court to wit the ffifth day of July
in the Eighth yeare of the Dominion of the Right Honoble Charles
Lord Baltemore &c Annoq: Doni. 1683: Came the partyes afore
said by their Attorneys aforesaid And the sd John Walls by his
said Attorney sayth That the said James his accon aforesd against
him the said James ought not to have for that he sayth that the sd
John Walls hath observed performed fulfilled & kept all and singu
lar the Covenants & agreemts in the Articles of Affraightment In
dented aforesaid above specifyed of the part of him the said John
to be Observed fulfilled and Kept from the time of the makeing
the Articles aforesaid untill the day of the takeing out of the Orrigi
nall writ of him the said James according to the purport and effect
and true meaning of the said Articles And this he is ready to
Verify Whereof he Demands Judgment whether the sd James his
accon aforesaid ought to have.
And the said John Walls by his said Attorney sayth that he
Ought not to be barred from haveing his accon aforesaid against
p. 741 him the said John Walls because by protesting & Denyeing that the
said John Walls hath observed performed fulfilled and kept all and
singular the Articles Covenants & agreements in the Articles of
Affraighment Indented aforesaid above specifyed of the part of
him the said John to be observed performed fulfilled & Kept accord
ing to the purport & Effect & true intent of the said Articles of
Affraightment as the said John hath by plea above pleaded, And
the said James protesting also that the said John Walls Mastr of
the said shipp did not with the said shipp with all Convenient speed
after the date of the said Articles (Wind & weather pmitting)
Sayle with the said shipp strong and stench fitted & sufficiently pro
vided & furnished with tackling apparrell & other necessaryes &
furniture from Nantecoke River in Somerset County aforesaid
where she then Roade into Bush River in Baltemore County &
there should receive & take on board the said shipp. such & soe
many Goods and Comodityes To be shipped & Loaden by the said
James Mills as in the said Articles are mentioned & expressed at
the rates & prices therein named, & the said James ffurther Pro
testing that all the marrinrs belonging to the sd shipp were not at
the Comand and disposall of the said James Mills dureing the time
of thirty foure dayes in the said Articles mentioned in relation to
the speedy Loadeing & getting on board the goods and Comodities
aforesaid in this Province & likewise in the unloading the same in the
port or place where the same should arrive & be unloaden, ffor
plea the said James Mills sayth that the said John Walls at the
Expiration of thirty & foure dayes aforesaid did not with the said
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| Volume 70, Page 426 View pdf image (33K) |
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