Volume 717, Page 623 View pdf image |
613) 623 why the sd shipp with all her Tackle Gunns Furniture and apparell as alsoe the boates & sloopes afsd should not be condemned to be sold for the payment & satisfaccon of the Comp.lts wages & the costs & charges & other Damages by them sustayned as afsd and that they might be Relieved here according to Equity and good conscience And the sd James Anderson and John Cape came also in their prop.r p.rsons into Court here & by William Dent Gen.r theire Procurat.r offered for answer to the Complaint afsd that there was noe wages due unto the sd comp.lts untill they arrive at their second unlivering port Whereupon it was in open court here this day proposed unto the sd James Anderson and John Cape that if they or any others for them or for and on the behalfe of the sd owners of the sd shipp would or could produce & bring to this Court good & sufficient security to be approved of by this Court for the Loading of the sd shipp this p.rsent shall of the Lease to returne to her port in England with the Next shipps & to provide the sd plfs of Necessaryes of Cloathes & provisions and secure them that they should receive their just and due wages when they should arrive at their sd port in England & satisfie & pay unto them the sd complts theire costs & damages here by them susteyned for the want of their wages and the charges of this suite to be taxed and computed by this court the sd Comp.lts would be willing to accept of the same without any further dispute But the sd James Anderson & John Cape declining to accept of such proposition & refusing to give such security as was thereby proposed but insisting by their Councell that the sd shipp was not Lyable to satisfye the sd Comp.lts wages here and the Comp.lts Councell urging the Contrary & both parties upon this issue demanding the Judgment of this Court whether the sd shipp afsd is and shall be Lyable to satisfye for the Comp.lts wages or not This Court thereupon and upon Mature and serious debate and Consideracon of the Matters and allegacons afsd & uon hearing what could be offered and objected on either side This Court doth think and soe order adjudge & by this theire Diffinitive sentance Decree that the sd Comp.lts the seamen of the shipp afsd bee paid & satisfyed their severall just & due wages by and out of the Hull or bottome of the sd shipp Anne of Newcaste her Tackle Gunns furniture and apparell to the same belonging togeather also with their Damages & costs and charges by them susteyned laid out expended by reason of their voyage into this Province & stay here & the want of their wages And therefore it is hereby ordered adjudged & Decreed that the sd shipp Ann of Newcastle and all her rigging tackle apparell amunicon and furniture with all the boates & sloopes to the same belonging bee & by the Court here is Condemned to be for with sold for the payment of the wages Damages & Costs afsd to be ascertained computed and taxed by by this Court And to the end that the true Vallue of the sd shipp Gunns Tackle apparrell & furniture &c.a may bee knowne & that noe apparent injury may bee done to the owners of the sd shipp It is hereby further ordered than a Warrant to Andrew Tonnard Thomas Gill Robert Griston Thomas Boarman shipp Carpenters William Bexley and Robert Grundy Planters or any foure of them well & truely to appraise & vallue the sd shipp with all her Rigging tackle gunns furniture amunicon and apparell with all her boates and sloopes or shallopes to the sd shipp belonging they first haveing taken their Corporall oathes well and truely to appraise & value the same before Edward Mann one of their Maj.ties Justices of the peace of the sd County who is to be thereunto authorized and appointed to administer the sd oathes to the appraisers afsd And this Court being informed that the sd James Anderson and John Cape have taken away sold concealed and imbezelled severall of the sales rigging and other goods of and belonging to the sd shipp soe as the sherriffe of the sd county could not arrest the same when the sd shipp was arrested By w.ch meanes the sale of the sd shipp will be very much impeded & her Vallue Lessened Therefore and for the better Discovery |
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Volume 717, Page 623 View pdf image |
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