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148 That is to say two breadths of Stuffe called peices or quarters of each Cutt of the shortest lengths of timber for wee find the said timber to be of divers lengths, the Major part of that Sort, the quarters are more pro perly the peices to be four foot Six inches long other peices to be four foot eight inches, and other peices to be in length five foot five Inches and having viewed the heart breadth peices of that Sort of timber and of the said dementions as to length as aforesd, and comparing the sd outside breadth of quarters with the inside breadth or heart quarters or peice hath properly belonging to it, some three quarters and Some two quarters and wee also find, that each cut of what we have viewed of the sd timber, or at least what in our best judgmts of the timber makes a Cutt each cut hath transparently yielded eight heart quarters while sd quarters are peices plainly appears to be the choice and best of the quarters in Complemt of timber aforesd, notwithstanding Severall of the sd eights of heart quarters are riven into two peices and when any timber is so riven out that is to say sixteen peices of the second or heart breadth from a Cutt there must needs be thirty two quarters or peices of the firsts or out side breadth belonging to the sd 16 heart peice, in every such Cutt which two Sums or numbers aforesd being added together makes 48 peices improperly called quarters in a Cutt, The best of the timber (not yet mentioned in perticulars though included in the whole Complaint viewed were find to be in length 6.foot 6 inches and not to aford losse of the quarters or rather the peices viewed as aforesd then 16 to the Cutt of some Cutts and 24 peices of or in other Cutts, and wee Certifie and declare the premises upon the best of our experience and knowlege and will deposed thereupon if required thereunto and that wee connot find in the whole Complaint;. of timber of all dementions aforesd one quarter or peice of four foot long or of six foot long wee the within Subscribers and viewers do further Certifie upon our deliberate Consultation & calculation of the said timber within mentioned, that there is nor cannot possibly be contained in 50 peices (of the length 6.foot Six inches, in number twenty six quarters or peices of timber, wee can neither in judgmt or reason, or conscience apprehend that there is one Cutt and a halfe of timber in that this we certifie under our hands the day and year within mentioned his marke Edward E H Hammon To the Worships John I H Hammon Wm Richardson Humbly offered that the Controversie will be the more easily and justly desided as the following queries are truly or erroniously answered, first whether any part of a Cutt of timber, or ought else can be the whole, Secondly whether the dementions of the length or lengths be not a manifest breach of the said bargain, and visibly and realy damnifying to the buyer, for if too short the buyer is clearly frustrate if too long then it consequently & necessarily follows that the buyer must either perform ye Major part of the sellers labour, or lett his timber lye useless, for all men knows it must be all Sawn over again which is the great part of the whole work, so in Justice and equity there cannot be halfe due from the buyer, supposing the bargain be complyed with in all other points which is positively disowned by me in the Cause depending. --------- Sam: Hopkins I beseach the Courts and Juryes well weighing and Considering of what is so highly preferred and pleaded for as a Custom this I humbly offer to prove to the satisfaction, that although there my have formerly been some thing of reason for it or equity in it which I know nothing of, yet I now know very Well if ever any such thing were, length of time and Corrupt fraudulent, guilfull used by Cypress timber men hath near worn it out, so that -- become the greatest peice of deceit, and one of the formidablest Cheats in the whole world and to mantaine and keep it up I doe in Submission to the more competent judgments affirm, that is the very next to establishing of iniquity by a law, and to defend it in its reputation & Credits as some would have it. Is every jott as bad as defending the turkist Alchoran sett forth by Mahomett & I most humbly begg of the Worll. Court yt they will defend me imolested untill I make it evidently appear which is all I crave S Hopkins - - - - - - - - - - - - - - - - - - |
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Somerset County Judicial Records, 1689-1690
| Volume 106, Page 148 View pdf image |
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