Volume 407, Page 36 View pdf image (33K) |
( 36 ) Effect else to be in force & vertue. his marke Signed Sealed & delivered in prsence of . Thomas ❂ Miller ❂ Sealed Robert: Pirrie Thomas. TD Davis ❂ Sealed Peter: Dent. The Decl. & Bond being produced yett not read. Nevertheless the sd Thomas Davis in propria prsona did in Open Court Confess judgmt for 2160 feet of plank as declared for, Which this Court grants Order for with Cost alias Executio.
George: Andrews Plt. Somerset County Ss // Contra Capt. Jno. Sayer Marriner was attached to answer unto George Andrews Capt. Jno: Sayor. Dfendt Marriner of a plea yt he render him Seventeen pounds ten Shillings Sterling And whereupon the sd George by Peter Dent his Attorney Sayes that ye Said Jno the 20th. day of August in the year of our Lord 1693. at [Pocomoke] within the Jurisdiction of this Court, was indebted to the said George In the Said Sum of Seventeen pounds ten shillings Sterling being for Seven months Service on Board ye Jersey Ketch. whereof the Said Jno. Sawyer is Master & was by him the said Jno: Sawyer Shipped at ye cost of two pounds ten shillings pr month Comencing from the 10th day of Janry 1692/3 to the 10th day of August 1693 // wch amounts to Seven months And the said Jno Sawyer to the said George Andrews in manner aforesd being indebted did assume upon himSelf and to the said George then & there faithfully promise that he the sd Jno for his Said Seven Months at Service at ye aforesd rate of two pounds tenn shillings pr month which amonts to the said Sum of Seventeen pounds tenn shilling when requested would well & truly Content & pay; Nevertheless the sd Jno the sd Sum of Seventeen Pounds tenn shillings to the said George hath not paid but hath hitherto refused, And doth Still refuse to the damage of the said George of twenty five pounds Sterling & thereof he brings his Sute. &ca. Dent pr Quer. Pleg. &ca. {Jno. Doe Rich.Roe } And the Dft pr Sam Worthington his Attorney Comes & Sayes, that whereas he the dft having Shippt ye plt George Andrews on board of the Ketch Jersey to prform a voyage that was intended from England to England againe, and thereupon did give him Sufficient wages for the prformance thereof. And did likewise report that ye Said George Should have been Obedient to his Said Masters lawfull Comands. but the aforesd George denying to performe what was his duty on board the foresd Ketch & deserting his Service aforesd, having had of the dft tenn pounds nine teen Shillings & Six pence for wages & that the deft is more damnified by his vessel now lying in ye Country for want of his labour, then he for want of his pretended wages, & brings this in Barr of the plaintiffs accon & prayes it may be enquired into by the Court: Worthington. – And the Plt Sayes he was lawfully discharged from the said vessell by the sd Sayor whereby the said Wages is due & puts him Self on the Court also. Dent. And the Dft for Rejoyner in answer to ye plt replication Saith that he was never discharged from the aforesd Service Worthington Dent } Declaracon &ca being read. and the Evidences Sworn. (viz) four for ye plt. & three for ye dft The Court having Considered the matter Saith no Lawfull discharge given & therefore finds no Cause of accon. & therefore grants Order for Cost of Sute alias Executio Sam: Worthington assumes in Crt paymt for Officers fees for Capt Sayer Michaell Holland for Geo. Andrews. – – – – – – –
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Volume 407, Page 36 View pdf image (33K) |
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