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Provincial Court Land Records, 1676-1700
Volume 717, Page 623   View pdf image
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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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Provincial Court Land Records, 1676-1700
Volume 717, Page 623   View pdf image
 Jump to  
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