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1672
33 Benjamin Rozer to Audite State and Examine the Acc.ot of the Sales of the said Cargo made by the defend.t Neale And to make report to this Court at the then next Court how they found the same That so the Court being fully Sattisfied in the bussines might order and decree therein as in Conscience and equity they ought: And these causes comeing to be heard this present day before his Excellency Charles Calvert Esq Cheife Judge in Equity The Hon.ble Philip Calvert Esq Chancell.r and the rest of their Associates Justices of this Court in y.e p.rsence of the sev.rall plts and Defend.ts in these causes and their Attorneys of both Sides And upon produceing of A Report made unto this Court by the said M.r Notley & M.r Rozer in pursuance of the aforerecited ord.r which Report beares Date the sixt day of January last past, wherin they did Certefie that they had (According to their Consciences and best Judgem.t) Audited stated & Examined the said Acc.ts and had Annexed the same to their said Report and did find upon due upon the said Ballance of the same to the said Nethway and Balley from him the said James Neale The Quantity of Thirty Three Thowsand & forty six pounds of Tobacco and Casque to Conteyne it And in Regaurd it did appeare unto them That the said Neale had Deteyned the said Sume of Thirtye Three Thowsand Forty and six Pounds of Tobacco afforemencond from him the said Balley for which he ought Long since to have Accompted but had refused to his owne wrong and the Great Damage of him the said Balley they doe therefore (According to the Custome of m.rchants in such cases used) Humbly further Report to this Court That the said James Neale ought to pay the aforemencond quantity of Thirty Three Thowsand Forty & Six pounds of Tobacco to the said John Balley upon demand out of his owne estate without Charging the said John Nethway and Balley with any badd Debts that hath accrued upon the sale of the said wynes And whereas the said John Balley did produce to them an Account wherein he Charged the said Neale with sev.rall quantityes of Tobacco for Damages Susteined by him the said John by Reason of the said James his not Accounting with him Sooner and had Kept him a Long tyme in Trouble in these remote parts of the world from his businesse To Recov.r his Right in this Court and for his Charges and Damages expended and susteined in and about the same and other Charges and expences he had been at, The same not Lyeing before them Consideracons to report they had Ommitted it and left the said Balley himselfe to p.rsent it to this Court to Determyne Whereupon and upon Reading the said Report and heareing what Could be Alleadged on either side and haveing Seriously Debated the matters betweene the said partyes This Court doth thinke Fitt and soe Order and Decree that the said Report and all and ev.ry the matters and things therin Conteyned Doe stand Rattifyed and Confirmed by the Decree of this Court to be observed and pformed by the said partyes to all Intents and purposes. According to the True Intent and meaning thereof. And that the said James Neale doe forthwith pay unto the said John Balley for the Joint Account of him and the said John Nethway. The said sume of Thirty Three Thowsand Forty & six pounds of Tob w.th Caske to Conteyne it |
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Chancery Court, Chancery Record, 1671-1712
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