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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 84   View pdf image
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84

       Of the Master & Seamen That being att the Barbadoes & the Comp.lt
       well knowing the Defend.t to be the Factor & Assignee of the other
       Defend.t Fullford and that the Goods in the said Shipp were Consigned
       to the Defend.t Leach and that the Comp.lt was to observe his orders
       & direccons touching the Goods in the said Shipp & alter for the
       stay or returne of the said Shipp according to Charterparty he the
       Comp.lt did apply himselfe to the said Leach for his assistance in
       repairing the said Shipp and the Defend.t att the Comp.lts instance
       & request of the Comp.lt did sell of the Goods out of the said Shipp to the
       Value of about one hundred & fifty pounds sterling which he paid
       to the Comp.lt & his order for repairing & sutling the said Shipp which
       was agreed to be in part of the hire of the said Shipp  And the Defend.t
       said that one of the Bills of Ladeing in the Bill menconed given att
       Barbados was for the proper Goods of the Defend.t Leach Shipped
       att London & marked with this Defend.ts proper markes & the other
       for the proper Goods of the Defend.t Fullford  And that on or about
       the third day of May One Thousand six hundred Seaventy six the
       said Shipp did arrive in this Province of Maryland & that soone
       after some part of the Goods of the other Defend.t Fullford was by the
       order of this Defend.t delivered out of the said Shipp by part of
       the said Goods to the Value of One Thousand pounds sterling were
       left in the said Shipp although the Defend.t as Factor & Assignee
       of the said Fullford ordered the Comp.lt to deliver them & to sayle
       with the said Shipp for the Port of London yet the Comp.lt refused
       to doe the same contrary to the said Charterparty  And the Def.t
       further said that by the said Charterparty there was not att the
       Shipps Arrivall in this Province now att this tyme any thing to
       be paid for the hire of the said Shipp according to the said Charterpty
       without a Certificate or other true notice att London of the said
       Shipps Arrival here and if due & payable itt was not intended
       to be paid in this Province but in England where money may
       be had for the doeing thereof  And the further said he knew not of
       any statute of Bankrupt sued out or intended to be sued out ag.st
       the other Defend.t Fullford as was suggested in the Bill nor had
       he any letters to that purpose but said that he had received letters
       that the said Fullford was ready to pay the just hire of the said
       shipp & what was otherwise due the Comp.lt fullfilling the said
       Charterparty  And the Defend.t further said that when he
       ordered the Comp.lt to sayle for London he offered the Seamen
       security for their wages here if itt were not paid att their arivall
       in London  And the Defend.t denyed that by Letters he was privy
       or acquainted with the said Fullfords Condicon as in the Bill &
       denyed Combinacon with him & he humbly conceived that he
       was not compellable either in Lawe or Equity to secure the hire
       of the said Shipp itt being payable in England & not yet there
       demanded & denyed and alsoe the Seamens wages  And the
       Defend.t further said that he had paid all Port Dutyes for the
       said Ship of him hitherto demanded and that the said Shipp
       was Victualled in England by order of the said Fullford and
                                                                                       (the)


 
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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 84   View pdf image
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