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1672
29 he have them this day, to answere a certeine Contempt by the said Henry and Elizabeth Done as it is sayd at the suite of John Long because they have not pformed a Decree and payd Costs At which day that is to say the first day of October in the 4.th yeare of the Dominion of Cæcilius &c Annoque Domini 1672, came Benjamin Rozer gentl high sheriff of Charles County, and brought the body of the said Henry Bonner here into Court, w.ch said Henry Bonner p.rsented for the Co.rt this peticon following, w.ch the Court ordered to be Recorded vizt To his Excellency The Cap.t Generall and the Rest of the hono.ble Council of the Province of Maryland &c The humble peticion of Henry Bonner and Elizabeth his wife, Administratrix of the goods and Chattles of Walter Story Deceased Humbly sheweth That whereas at a Court of Chancery held at St Maryes on the thirteenth day of February last past in a certeine matter of Difference there Depending betweene John Long of London Marchant, and the said Henry and Elizabeth his wife ^a Decree passed agt them^ for the sume of Two hundred forty Eight pounds Eight shillings seaven pence, Now it is may it please yo.r hono.rs that although at the time of the granting of the said Decree, there was & stood in force an act of Assembly made at St Maryes the 13.th day of Aprill 1669, which said Act did allow and provide that all money Debts then already made should be payd in Tobacco after the Rate of three halfe price per te, yet Neverthelesse Thomas Notley Attorney of the said John Long doth Refuse to accept of Tobacco at that price offered him by yo.r pet.r for payment of the said Decree, and likewise the said Long hath Refused the money being proffered to him in England, in Discharge hereof, And further the said M.r Notley Attorney to the said Long doth Deny to accept of any Debts made in Copartnership betweene Walter Story deceased and the said John Long although it is adjudged that they were ptners, wherefore by their unjust actions herein they make yo.r poore pet.rs wholy uncapable of paym.t of the said Debt w.ch they are ready and willing to doe therefore yo.r pet.rs humbly craves that yo.r hono.rs would be pleased to take it into yo.r Considerations and to graunt yo.r pet.rs yo.r ord.r of Court that the said M.r Notley Attorney of y.e said John Long may Receive yo.r pet.rs Tobacco at the Rate mentioned in the said Act of Assembly as aforesayd in full satisfaction of the said Decree, and may be Compelled to accept of an Equall share or proportion of the debts made in Copartnership betweene Them towards satisfaction of y.e same And yo.r pet.rs as in Deauty bound shall Ever pray &c Upon Reading the foregoing peticion, the Court is of opinion that Long the Comp.lt ought not to be oblidged to take Tobacco at there halfe pence per pound, and that Henry Bonner one of the Def.ts now p.rsent in Court & have Delivered by M.r Rozer sheriff of Charles County be Delivered into the Custody of the sheriff of St Maryes County, by him to be Kept untill the said Decree be pformed, and that the said M.r Rozer sheriff of Charles County not having brought the said Elizabeth the other defend.t as by his Retorne of y.e attachm.t he alledged he had, be amerced at the Discretion of the Court unlesse he bring her here the next Court Charles James ag.t The hono.ble Samuell Chew Esq Retorned here into Court by his owne hands John Homewood the answere of the Defend.t to the bill of the Comp.lt taken & sworne to before him |
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Chancery Court, Chancery Record, 1671-1712
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