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1671 The 23.th of October 1671 The Court met Present at before James Neale Comp.lt ag.t The Comp.lt peticoning this Court, that whereas he was Employed by the defend.t John Balley defend.t then Attorney of John Nethway, to dispose of certeine wines within this Province which was in ptnership betwixt y.e said Comp.lt ^Balley^ & y.e sd Nethway, about which severall suites have risen, betweene y.e Comp.lt and Defend.t by reason whereof few or no Retornes of the produce of the said wines hath beene made to the said Nethway, And the Comp.lt having now [illegible] a L.r of Attorney from the said Nethway to call the said Balley to accompt for the same and to make retornes thereof according to advice by L.r to the Comp.lt, and also that the said Nethway hath by L.r advised the defend.t thereof The said Comp.lt prayeth this Court to order that the Comp.lt might make retorne of what Tobacco he hath bills for in his hands to the said Nethway and that what bills the said Balley hath in his hands belonging to the said Nethway, may not by the said Bayley be received or shed for till such time as the Comp.lt can Recover the said bills out of his hands for the use of the said Nethway according to the power by him Given to the Comp.lt The Court demanded sight of the said L.re of Attorney from the said Nethway to the Comp.lt which being by the Comp.lt accordingly produced, the Court Demanded proofe of the said L.re of Attorney to be the Act and Deed of y.e said Nethway, which the Comp.lt not being able to make appeare any otherways then by Comparing of hands, and the Court not allowing that a sufficient proofe It is by the Court this day ordered That the Comp.lt have time whilst February Court, to prove his L.re of Attorney from Nethway, and wife meane time that the Debito.rs to y.e estate in question have notice given them, not to make payment of their debts to Balley, unlesse he shall pcure a new power from Nethway and that the Comp.lt Neale become bound by Recognizance to the Lord Proprietary in the sume of One hundred Thousand pounds of Tobacco & Casque, that when the Difference shall be Decided, that he shall pay to the Defend.t Balley, what the said Defend.t shall make appeare to be his due & proper yt & Right out of the wines now in question The said Comp.lt Cap.t James Neale in obedience and complyance w.th the said ordered here in open Court this day that it is to say the 24.th day of October in the 40.th yeare of the Dominion of Cæcilius &c Annoque Domini 1671 did acknowledge himself to owe and stand indebted unto the Right hono.ble the Lord Proprietary in the full & Just sume of One hundred Thousand pounds of Marchantable Tobacco and casque In case the said Cap.t James Neale shall not answere to John Balley the pduce of the wines claimed by the said Balley, whensoever it shall appeare to this Court That the said wynes apptene to Balley and not to John Nethway at the said Cap.t Neale alledges Now they doe Maryland ss At a Court held for the Chancery and Provincial Court begun on Tuesday the nineteenth day of December in the fortieth yeare of the Dominion of Cæcilius absolute Lord and Proprietary of the Provinces of Maryland and avalon Lord Baron of Baltamore &c Annoq Domini 1671 at the Citty of St Maryes and there Continued untill the three & Twentieth Day of the same December on Fryday the two and twentieth was Present His Excellency Charles Calvert Esq Cap.t Generall & Cheif Judge in Equity Philip Calvert Esq Chancelour The hono.ble William Calvert & Edward Fitzherbert Esqrs |
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Chancery Court, Chancery Record, 1671-1712
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